loader image

Supporters of slain Mexican activist appeal federal watchdog’s refusal to investigate case

Reading Time: 3 minutes


Family and supporters of a Mexican activist who was killed after opposing a Canadian company’s mining project are challenging a federal ombudsman’s decision not to investigate the matter.They told a Federal Court of Appeal hearing Monday the public sector integrity commissioner had grounds to look into allegations that Canadian officials in Mexico City failed to follow federal policies concerning protection of human rights advocates.
Read more:

EXCLUSIVE: Global Affairs reveals countries where Canadians are most often murdered

Federal lawyers say there is no reason to revisit the commissioner’s decision to close the file.After hearing several hours of arguments Monday, the appeal court reserved judgment until a later date.The case stretches back to 2007 when Calgary-based Blackfire Exploration Ltd. opened a barite mine in Chiapas, Mexico, prompting local opposition, demonstrations and a blockade of a route to the project. Story continues below advertisement

After being beaten and threatened with death for leading protests over the mine’s environmental and social effects, activist Mariano Abarca was fatally shot outside his home in November 2009.

2:20Most Ontario miners rescued after being trapped for days

Most Ontario miners rescued after being trapped for days – Sep 28, 2021
Chiapas officials shut down the mine the following month.Members of Abarca’s family and organizations concerned with mining abuses presented information to integrity commissioner Joe Friday in 2018, asking him to probe whether there was wrongdoing by members of the Canadian Embassy in Mexico.They contended that federal policy required Canadian embassies to promote corporate social responsibility and assess possible human rights impacts, including violence.
Read more:

Mexican firefighters thanked for ‘invaluable’ service

They argued the embassy never investigated the source of the tensions between the community and Blackfire and did not conduct a violence-related risk assessment.
Trending Stories

Johnny Depp vs. Amber Heard: Lawyers adjusted Heard article before publishing

4 cadets killed in incident at military college in Kingston identified

Story continues below advertisement

The family members and groups also noted that, while embassy officials met Mexican officials to advocate on Blackfire’s behalf, there was no indication the embassy raised concerns with the Mexican government about Abarca’s safety or the importance of respecting democratic values such as free speech.In April 2018, Friday found there was no breach of a code of conduct and no wrongdoing by the embassy in its interactions with Blackfire, given its mandate to assist Canadian companies abroad. Friday also concluded the embassy had not ignored human rights concerns, noting that after Abarca was arrested by police in 2009 the embassy sought information about his detention.

3:47COVID-19: U.S. to reopen Canada, Mexico land borders to fully vaccinated travellers in November

COVID-19: U.S. to reopen Canada, Mexico land borders to fully vaccinated travellers in November – Oct 13, 2021
Federal Court Justice Keith Boswell ruled two years ago that it was reasonable for the commissioner to decide not to investigate on the basis the embassy had broken no code of conduct.Boswell said although the applicants pointed to aspirational documents and policies that were later put in place, they had not identified anything that created a legal obligation upon the embassy to act in a certain manner. Story continues below advertisement

“Undoubtedly, the Applicants would have liked the Embassy to have acted in a certain way, and perhaps Mr. Abarca would not have been murdered,” Boswell wrote. “However, the Commissioner’s decision not to investigate was, in my view, reasonable and constitutes an acceptable outcome defensible in respect of the facts and law.”Nicholas Pope, a lawyer for the family members and supporters, told the appeal court on Monday that commissioner Friday’s decision was unreasonable.
Read more:

Trudeau government backpedals on investigating human rights complaints against mining companies

Underpinning the argument is an assertion that Friday did not account for the evidence before him and failed to consider the harsh consequences in two instances, and that he adopted an unreasonable interpretation of the threshold for investigation on another point.Every decision must be justified by its reasons, Pope said.“And no matter how much discretion a decision-maker is given, their conclusions must flow from the evidence before them. And their conclusions must be justified by the reasons they provide.”Government lawyers say the Federal Court came to the correct conclusion.“Although the Appellants have engaged in a line-by-line search trying to find an error, a full reading of the decision leaves no doubt that the Commissioner carefully examined the evidence,” federal lawyers said in a written submission to the appeal court. Story continues below advertisement

“The Commissioner reached his decision that an investigation was not warranted after a fair process that was consistent with the legislative framework.”

© 2021 The Canadian Press

Source link

share this article
  • This field is for validation purposes and should be left unchanged.

Subscribe to receive the latest business and industry news in your inbox.

  • This field is for validation purposes and should be left unchanged.

latest from the industry
MEDICAL news

Whitepaper

  • This field is for validation purposes and should be left unchanged.

  • This field is for validation purposes and should be left unchanged.

Use