It's Time for Canada to be Open for Justice

Imagine that your drinking water supply is polluted because of an accident at a gold mine near your community; or that you were seriously injured by a company's security guards. Where would you turn? Who would compensate you for your losses?

When someone's human rights are violated by a company, it can be extremely difficult to access justice. This is especially true when it is a foreign (multinational) company. These companies can exert significant financial and political power, and this, intertwined with specific legal obstacles, can allow companies to evade accountability and deny a victim's right to remedy.

Disturbingly, there are numerous examples of people harmed by Canadian companies overseas. In some of these situations, it is nearly impossible for people to receive a fair trial in their own country. It is vital therefore that people are able to access justice in Canada. Unfortunately however, in the few cases where people have managed to come to Canada to seek justice for human rights violations caused by Canadian companies overseas, they have not succeeded, because of inaccessible and ineffective justice mechanisms.

To fix this accountability gap, please help by calling on the Canadian Government to be "Open for Justice" and not just "Open for Business". Urge Ed Fast, Minister of International Trade to ensure that people whose human rights have been abused by Canadian companies abroad are able to seek justice in Canada.
Dear Minister Fast,

I am writing to ask you to ensure that people harmed by the overseas operations of Canadian mining, oil and gas companies be able to access justice in Canada. We need an extractive-sector Ombudsperson and legislated access to Canadian courts.

Canada is home to more than half of the world’s mining companies, with active projects in more than 100 countries. Canadian mining, oil and gas companies are often viewed as representatives of Canada abroad, but human rights abuses, environmental damage, displacement and violations of basic labour rights are increasingly associated with these projects.

There is no international system that currently governs resource extraction to protect human rights or the environment. In many countries where extractive companies operate, protections do not exist or are not enforced, multilateral institutions are often weak or inaccessible, and there are barriers to seeking justice in Canada.

The Canadian government must act now to ensure that Canadian oil, mining and gas companies live up to international human rights, labour and environmental standards. I would like you to work in Parliament to:

1. Create an independent extractive-sector Ombudsperson in Canada, with the power to investigate complaints and make recommendations, including suspending or ending Canadian government support to companies that do not respect international standards. Unlike the CSR Counsellor’s Office, the Ombudsperson needs to be mandated to make its findings public and perform these functions regardless of a company’s willingness to participate; and

2. Provide legislated access to Canadian courts for people who have been seriously harmed by the international operations of Canadian companies. Such legislation would clarify that Canadian courts are appropriate venues in which to hear claims against companies registered in Canada.

I am calling on you to actively support these measures and to call on all Parliamentarians to support such initiatives.

[Your comments here]

I look forward to hearing your views and how you will take action on this issue at your earliest convenience.


Sincerely,
[Your name]
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