Students unearth current issues in Canadian mining law
April 01, 2025
Image: Pillars of Justice statue at the Superior Court of Justice | Source: Toronto Photos Daily
Last semester, students in the Stephen Dattels Mining Law and Finance Speaker Series intensive seminar experienced a unique immersion into Canadian mining law. The class travelled to the Superior Court of Justice in Toronto to attend the jurisdiction and forum non conveniens hearing in the Sophia Matiko John et al v Barrick Gold Corporation case. In addition to observing the proceedings, students gained valuable insights from the plaintiff counsel who agreed to share insights about the litigation process.*
In this case, Tanzanian plaintiffs sued Barrick Gold Corporation in Canada over alleged violence and human rights abuses at its North Mara Mine, operated by its subsidiary the North Mara Gold Mine Limited. Barrick ultimately was successful in its motion to dismiss the claim, arguing Tanzania is the more appropriate location to hear the case. The case helped students understand the legal challenges faced by communities who allege to have been negatively impacted by Canadian mining companies abroad and the crucial importance of access to remedy.
“With this class, I hoped to provide a real-world example of the intersection between mining and human rights and the limits of the Canadian legal system,” said Professor Sara Ghebremusse, Chair in Mining and Finance Law. “This experience, and ability to interact with plaintiff counsel and civil society human rights activists, offered students a deeper understanding of the case, strategies behind litigation and litigation tactics that they may not learn in law school.”
Third-year law student Jane Komolafe was grateful for the ability to learn about the growing importance of corporate accountability in the global context and to experience the practical aspects of the litigation process. The opportunity to engage with the plaintiff’s legal team and human rights activists left a lasting impression that she feels will impact her career.
“My biggest takeaway was the challenges of transnational litigation and how jurisdictional issues can significantly affect access to justice,” said Komolafe. “Hearing firsthand accounts from those who have worked on the case, or have advocated for the affected communities, deepened my understanding of how important it is for lawyers to be attuned not only to legal strategies but also to the human impact of their work. It was a valuable experience, and I feel more equipped to approach my future legal career with a focus on justice and accountability.”
This Stephen Dattels Mining Law and Finance Speaker Series is offered annually thanks to the generous support of Stephen Dattels (LLB’72). The series brings in real-world expert mining practitioners together with industry leaders, regulators, academics and NGOs to provide students with a unique bird’s eye-view of the interrelationships between the various industrial stakeholders, as well as the realities of the extractive market.
*Note: Counsel from Barrick Gold Corporation did not accept an invitation to engage with the class.
