By Arij Riahi, 20 October 2013. Source: The Dominion
(Image: Guatemalan fist via Shutterstock)
Montreal - For the first time, a Canadian mining company will appear in a Canadian court for actions committed overseas. Hudbay Minerals, Inc, will be standing trial for murder, rapes and attacks committed against Indigenous Guatemalans by security personnel working for Hudbay’s subsidiary, Compañía Guatemalteca de Níquel (CGN). The court case is proceeding thanks to a precedent-setting decision from the Ontario Superior Court of Justice, which ruled this past July in favour of the Mayan Q’eqchi’ people of Lote Ocho, near El Estor, Guatemala.
“It is a massive victory for our clients and for human rights,” Cory Wanless, an attorney with the Toronto-based Klippensteins law firm, told The Dominion. “Before this decision, no claim brought by individuals that had been harmed by Canadian mining abroad had ever gotten into Canadian courts at all. They didn’t even have the ability to forward their claims.”
Wanless represents the Q’eqchi’ plaintiffs in a lawsuit accusing the company of negligence in its ground management of the Fenix open-pit nickel mine project. They allege that security personnel—under the control of Hudbay—gang-raped 11 women, shot dead an Indigenous leader and outspoken critic of mining practices and left another man paralyzed from the chest down after sustaining a gunshot wound.