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The 'Canada Brand': Violence and Canadian Mining Companies in Latin America

132 Pages Posted: 17 Dec 2016 Last revised: 5 Dec 2017

Shin Imai

York University - Osgoode Hall Law School

Leah Gardner

McGill University - Faculty of Law

Sarah Weinberger

York University - Osgoode Hall Law School

Date Written: December 1, 2017

Abstract

This is the first report to profile specific forms of violence and criminalization associated with Canadian mining projects in Latin America over a fifteen-year period. Each incident is carefully footnoted and all web links are preserved using Harvard Law School’s Perma.cc service. The report is critical of the lack of Canadian mechanisms for investigating human rights abuses of Canadian companies operating overseas. It draws on the thinking of former Supreme Court of Canada Justice Ian Binnie and others to argue that the concepts of proximity to violence and complicity of the Canadian company should be the basis for rethinking the current law in Canada.

Keywords: Mining, human rights, violence, Latin America, Corporate Social Responsibility, National Contact Point, Corporate Accountability

JEL Classification: K1, K19, K2, K22, K3, K32, K33, Q3, Q38, Q39

Suggested Citation

Imai, Shin and Gardner, Leah and Weinberger, Sarah, The 'Canada Brand': Violence and Canadian Mining Companies in Latin America (December 1, 2017). Osgoode Legal Studies Research Paper No. 17/2017. Available at SSRN: https://ssrn.com/abstract=2886584 or http://dx.doi.org/10.2139/ssrn.2886584

Shin Imai (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Leah Gardner

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

Sarah Weinberger

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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