Nick Baker, Siskinds law firm
It is rare to have the opportunity to contribute to the development of the common law using human rights principles. Araya v Nevsun Resources Ltd., a case that I, colleagues at Camp Fiorante Matthews Mogerman LLP (CFM) and Toronto lawyer James Yap prosecute, is the rare opportunity to do so in the context of allegedly barbarous acts that, if proven, would be contrary to norms standing at the apex of our system of internationally-protected fundamental human rights. So far, the case has survived aggressive attack by the defendant, Nevsun Resources Ltd. (“Nevsun”). To borrow the words of a colleague and mentor, the case as framed is “a triumph of boldness and a sense of justice over timidity and the instinct to hold on to old doctrine, no matter how unjust.”
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