Amicus Curiae Briefs
JCAP has assisted in various court proceedings by filing amicus curiae briefs and intervenor factums. JCAP filed briefs with the Constitutional Tribunal in Peru at the request of Peruvian NGO Instituto de Defensa Legal in 2012 and 2014. JCAP also filed an intervenor factum on the Supreme Court of Canada appeal of the transnational case Chevron Corp. v Yaiguaje 2015 SCC 42.
JCAP submitted a shareholder resolution to a Canadian company in relation to a gold mine operating in Guatemala in 2011 and 2012. This was done in conjunction with the Centre for International Environmental Law in Washington and MiningWatch Canada.
JCAP has been active in providing strategic legal advice to communities that face conflicts as they pertain to Canadian mining companies operating locally. Communities are advised on:
- What their rights are in the situation.
- How best to obtain information to exercise their rights.
- Strategies to negotiate with corporations registered in Canada.
- The process of bringing human rights complaints to international bodies.
JCAP has filed numerous complaints to securities commissions regarding lack of material disclosures as it pertains to Canadian mining companies violating human rights law abroad. Complaints have been submitted to the Information Commissioner, the Ontario Securities Commission, the BC Securities Commission and the US Securities and Exchange Commission.
JCAP has been working with the Kerio Valley Community Organization in Kenya for about ten years. The widely dispersed community in the remote Rift Valley has faced oil exploration and land loss to land grabbers. JCAP has been involved in communicating with the then operator of the oil concession, Tullow Oil, to ensure that it provides information to and consults with community members, as well as providing education workshops to community members. When Tullow Oil was unresponsive, we drafted a complaint to the Compliance Advisor Ombudsman of the International Finance Corporation and they have agreed to facilitate a dialogue with Delonex Oil. Read more about it here
Letters, Petitions, Submissions
JCAP has been involved in submitting various letters, petitions and submissions to various tribunals and boards regarding human rights violations abroad by Canadian companies.
- A letter to the Canada Pension Plan Investment Board requesting the discontinuance of investment in certain corporations.
- An allegation letter to the United Nations Special Rapporteur on Indigenous Peoples on behalf of indigenous communities in Panama.
- A petition to the Inter-American Commission on Human Rights on behalf of a priest who was allegedly threatened, spied on and harassed by the private security company of a major gold mine.
- A submission to the United Nations Working Group on Human Rights and Transnational Corporations and Other Business Enterprises.
JCAP has represented communities and individuals directly in their fight for their rights.
In Gordillo v Canada, JCAP initiated litigation against Canada for the conduct of its embassy staff in Mexico. JCAP is representing the family and allies of Mariano Abarca, a Mexican community leader. He was murdered seven weeks after the Canadian embassy visited the government of Chiapas to complain about protests against Canadian mining company Blackfire Resources. Read more about it here
JCAP filed a constitutional case in Peru that alleged violations of communal property rights and the right to consultation and consent on behalf a campesino community against a gold mining company. Read the report in Spanish here
In Imai v. Canada, JCAP worked with a group of Canadian NGO’s including Above Ground, Amnesty International, MiningWatch Canada, InterPares and the Canadian Network for Corporate Accountability to find out why the Canadian government secretly pressured the government of Guatemala to ignore a decision of the Inter-American Commission on Human Rights. The decision ordered a Canadian gold mine owned by Goldcorp to be suspended pending further research on the safety of a community drinking water supply.
Reports, Corporate Profiles & Analyses
JCAP has drafted numerous reports, corporate profiles and legal analyses of concerns with the governance of the extractive industry in Canada. Below are some highlights of reports that have been submitted in the past.
- A report monitoring the extent of human rights issues associated with Canadian mining.
- Assistance with a report on a Canadian mining company and its relationship with the Canadian embassy in Mexico. This report was sponsored by United Steelworkers, Common Frontiers and MiningWatch Canada.
- Corporate profiles of Canadian corporations, including ownership, size, and corporate social responsibility policies, for use by NGOs and communities in Peru, Guatemala, Panama, Mexico, Kenya, and Canada.
- An analysis of freedom of information requests and reporting on the information produced to challenge government entities or corporate actors.
- Analysis of accountability mechanisms under voluntary corporate social responsibility codes.