Liability of Multinational Corporations in Canada for International Human Rights Violations

Bruce W. Johnston reviews the current state of play in Canada regarding the imposition of civil liability on multinationals for human rights abuses occurring overseas. He explains the bijural nature of the legal system and the consequential developments of civil law in Quebec and common law elsewhere. He outlines, by reference to case law, the relevant law on jurisdiction, including in class actions, and application of forum non conveniens, forum necessitatis, and choice of law, under common and civil law. Regarding causes of action, he considers the corporate veil hurdle and important judgments on direct liability of the parent company, in Choc v. Hudbay Minerals and most strikingly, the direct application of customary international human rights law by the Supreme Court in Nevsun. Equally important in terms of practical access to justice, the chapter outlines the rules on procedures relating to opt-out class actions, legal costs, including litigation funding.