Three Eritrean workers alleged they were conscripted into forced labour at a mine in Eritrea owned by Canadian corporation Nevsun Resources Ltd. and subjected to violent, cruel, inhuman and degrading treatment.
The workers commenced proceedings in British Columbia seeking damages for breaches of customary international law prohibitions against forced labour, slavery, cruel, inhuman or degrading treatment, and crimes against humanity, as well as domestic torts.
Nevsun brought a motion to strike the pleadings on the basis of the act of state doctrine and on the basis that the customary international law claims had no reasonable prospect of success.
The majority (Abella J., Wagner C.J., Karakatsanis, Gascon and Martin JJ.) dismissed the appeal, holding that the act of state doctrine does not form part of Canadian common law and that it was not plain and obvious that the customary international law claims were bound to fail.
Brown and Rowe JJ. dissented in part, agreeing on the act of state doctrine but concluding the customary international law claims were bound to fail.
Côté J. (Moldaver J. concurring) dissented in full, holding the claims were not justiciable because they required a determination that Eritrea had violated international law.
