On the 27^th of October 2010, bill C-300, an act entitled Corporate Accountability for the Activities of Mining, Oil or Gas Corporations in Developing Countries, was narrowly defeated in the House of Commons with 134 votes in favour and 140 votes against.

World – North America

THURSDAY 18TH NOVEMBER 2010 13:07

16/11/2010. To all communities affected by Canadian mining operations:

We, as Canadian citizens, deeply regret the failure of our Members of Parliament to enforce that mining companies be held accountable for their actions in terms of human rights and environmental practices abroad, and the fact that our government continues to offer financial and political support for Canadian mining companies. 

On the 27^th of October 2010, bill C-300, an act entitled Corporate Accountability for the Activities of Mining, Oil or Gas Corporations in Developing Countries, was narrowly defeated in the House of Commons with 134 votes in favour and 140 votes against.

If the project had been approved, it would have created a framework for human rights and for environmental standards for Canadian extraction companies operating within developing countries. It also would have supplied a complaints mechanism to communities all over the world.

The Federal Government would have had the responsibility of investigating the complaints made against Canadian extraction companies. If a company were found to be breaching the rules, this act would have permitted the Canadian government to withdraw financial support (for example from the Export Development Canada fund) and political support (for example, the support of the Canadian embassy based within that region), for the company.

Ensuring that the Canadian government only supports those companies that comply with human rights and environmental regulations would act as a strong incentive to Canadian extraction companies overseas. We are very disappointed that our representatives did not take advantage of this unique first opportunity to compel Canadian companies and the Federal Government to assume responsibility for the activities carried out by Canadian extraction companies abroad.

We are profoundly disappointed that although the legislative initiative was presented by the Liberal delegate John McKay, other members of the Liberal party played a fundamental role in bringing about the failure of a bill that came from a member of their own party. In particular,Michael Ignatieff, the leader of the Liberal Party, did not vote in favour, despite having clearly expressed his support for the aims of the initiative. We are also deeply disappointed that various members of parliament from the New Democratic Party and also from Bloque Quebequense, did not offer their support for the initiative, in a decision which here has proved to be crucial.

We are saddened that the failure of this bill reinforces the idea that at this point in time, Canada is in fact not worthy of occupying a seat on the UN Security Council. Canada's failed bid to secure a place on the UN's Security Council last October is a reflection of the ambivalent image that Canada has on the world stage, due, in part, to its lack of support for basic standards of human rights and environmental regulations. Canada refused to support the recent UN resolution on the right to water and sanitation.

Canada has also publicly declared that it does not intend to comply with the legally binding commitments that it has as a signatory to the Kyoto treaty on climate change.

Legislation is urgently needed in order to regulate the actions of Canadian companies abroad. In 2008, roughly 75% of the world's mining exploration and exploitation companies were based in Canada. Canadian extraction companies are associated with approximately 10,000 mining projects in more than 100 countries. A recent report commissioned by the Prospectors and Developers Association of Canada (PDAC) showed Canadian companies to be the worst offenders in terms of coming into conflict with communities, contaminating the environment and indulging in unethical, if not illegal, practices.

Canadian companies have been involved in carrying out significant environmental damage, as well as grave human rights violations, with recent cases occurring in Mexico, Papua New Guinea, and Guatemala, to name a few examples.

Building upon the work of the Special Representative on Human Rights and Transnational. Corporations and other Business Enterprises (Professor John Ruggie), the Ministry of Economic Affairs in the Netherlands carried out a study into the legal responsibility of Dutch companies and their subsidiaries that operate abroad.

The study looked at the capacity of the judicial systems within the Netherlands to listen to the complaints of foreign citizens, and indicated that “there are compelling political reasons for the countries of origin to encourage their companies to respect rights  overseas.” At a meeting between Professor Ruggie and the organisation Global Witness, the participants concluded that “the countries of origin should carry out a greater role in tackling the problems of human rights in areas of conflict.”

Last July the United States passed the Dodd–Frank Wall Street Reform and Consumer Protection Act, that promotes responsible mining by demanding that US companies report payments made to foreign governments and the trading of conflict materials.

We are profoundly disappointed that in contrast to the recent tendency for countries to make companies assume responsibility within their countries of origin, for human rights and environmental violations, especially when operating within overseas areas where there is minimal governance, Canada has again failed to join other countries in the international promotion of human rights and environmental regulations.

Our sympathy goes out to all the communities around the world that have been affected  by the work of Canadian mining companies. In spite of the fact that our members of parliament failed to take advantage of the opportunity offered by bill C-300 to create a solid mechanism that would increase the industry's and the government's share of responsibility, we promise to renew our resolve in working towards a legislative reform.

In addition to this, we promise to redouble our efforts to mobilise public opinion in Canada, with the aim of putting a stop to the abuses committed by Canadian extraction companies both at home and abroad.

In solidarity,

Barrio Nuevo

Canada Tibet Committee

Canadian Arab Federation (CAF)

Canadian Catholic Organization for Development and Peace

Canadians Against Mining in El Salvador (CAMES)

Canadian Union of Public Employees

Citizens' Stewardship Coalition (Port Alberni, BC)

Common Frontiers

Council of Canadians

Council of Canadians - Inverness County

Coucil of Canadians - Northumberland

Council of Canadians - Williams Lake Chapter

EcoAction (Mount Allison University)

Friends of the Nemaiah Valley

Great Lakes United

Greenspiration

Indigenous Peoples' Solidarity Movement (Ottawa)

Living Work

Louis Riel Bolivarian Circle of Toronto

Maritime Aboriginal Peoples Council

Mining Justice minière - Ottawa

Mining Watch Canada

National Union of Public and General Employees

NOWAR-PAIX

Polaris Institute

Radio mi Gente Committee "Muralla 700"

Respecting Aboriginal Values & Environmental Needs (RAVEN)

Saint John Dioceses of the Canadian Catholic Organization for Development and Peace

Salvadorian Canadian Association of Ottawa-Gatineau (ASCORCAN)

Sierra Club BC

Sierra Club Prairie

Soeurs du Sacré-Coeur de Jésus

Sandy Pond Alliance

Surfrider Foundation - Vancouver chapter

Terra Foundation (California)