Canadian Lawyer InHouse

Jun/Jul 2010

Legal news and trends for Canadian in-house counsel and c-suite executives

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T 16 • JUNE 2010 DOING IT hree villagers from Ecuador landed in a Toronto courtroom in March to move forward their $1-billion human rights lawsuit against a Vancouver mining company. The claim pits the villagers against Copper Mesa Mining Corp., a pair of its directors, and the Toronto Stock Exchange. It alleges the company employed armed guards who threatened and assaulted them in an effort to quell protestors who believe the company's proposed operations under the tropical cloud forest would destroy its delicate ecosystem. They also claimed a $10-million TSX listing helped pay for those armed guards. In early May, the court dismissed the case, saying "…there is no connection between the plaintiffs and TSX defendants… [so as to] impose an obligation on the TSX defendants to be mindful of the plaintiffs' interests when conducting their affairs." The company's shares were delisted in February 2010, and previously in 2008 the Ecuadorian government revoked its rights to mine at the contested site. At the end of April, protesters from Papua, New Guinea and Chile travelled all the way to Toronto to picket outside the annual general meeting of Barrick Gold Corp. They wanted shareholders to know first-hand about damage to their property and lives they claim arise from Barrick's mining activities in their countries. Inside the meeting, Barrick chairman Peter Munk defended the company, telling shareholders that corporate social responsibility is "part of our DNA." " By moving into these countries and developing their mines, we provide — way beyond the importance of money — we provide human dignity," said Munk. INHOUSE RIGH

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