The confluence of national and international law in response to multinational corporations’ commission of modern Slavery: Nevsun Resources Ltd. V. Araya

Author: Haynes, Jason

Abstract: This article examines the recently decided Canadian striking out application of SCC 5, a case in which the Supreme Court of Canada held, in a 5–4 decision, that a private corporation may be liable under Canadian law for breaches of customary international law committed in other countries. The article assesses the majority’s holding that a sui generis domestic cause of action grounded in customary international law exists in Canada to combat slavery, servitude, forced labor, and inhuman and degrading treatment. While it considers the ruling to be a landmark one which will likely have serious implications in respect of the manner in which private corporations engage in activities in supply chains abroad, it nonetheless highlights a number of theoretical and practical weaknesses inherent in the majority’s holding, which necessarily require the trial judge’s fulsome attention.

Keywords: slavery, forced labor, servitude, customary international law, corporations, nevsun