Violence, Development, and Canada’s New Transnational Jurisprudence

Abstract

For decades, Canadian-based corporate development projects have been linked to acts of violence in countries all over the world. These acts include sexual violence, destruction of property, community displacement, the use of forced labor, and other forms of violence. While Canada has repeatedly failed to pass legislation holding Canadian-based corporations accountable for human rights abuses committed abroad, Canadian courts are increasingly asserting their jurisdiction over cases of development-related violence. Analyzing two ongoing court cases—Caal v. Hudbay, regarding sexual violence in Guatemala, and Araya v. Nevsun, regarding forced labor in Eritrea— this article examines the potential and limits of law to address the bureaucratic mechanisms and grounded experiences of corporate-development-related violence, and the changing relationship between states, corporations, law, and human rights in the modern global era.