Ramírez v. Copper Mesa & TSX


Plaintiff Defendants

Stopping International Human Rights Abuse Committed by Canada’s Mining Industry


“We have a serious problem. There are armed guards and they’re shooting, they want to get into the mining concession. They have been hired to threaten the people. Yes, they’re paid by the company to threaten the village. They are shooting and using pepper spray.”
– member of the community in a telephone call to the police, December 2, 2006

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UPDATE:

May 7, 2010: Ontario Court issues decision striking out Ecuadorian campesinos' lawsuit. Ecuadorians will appeal.

Read about the decision

See the actual decision

The Case:

Canadian company Copper Mesa Mining Corporation had plans to construct an open pit copper mine in a remote corner of the Ecuadorean Andes.

The local community, however, is concerned about the negative social and environmental impacts of mining and has repeatedly voted and protested to stop proposed mining activities.

Copper Mesa’s agents, funded with money raised on the Toronto Stock Exchange, resorted to committing physical assaults, death threats and various human rights violations against local community members who are opposed to mining. 

Three local Ecuadoreans, Marcia Ramírez, Polivio Pérez and Israel Pérez brought a lawsuit (PDF) in Ontario’s Superior Court of Justice against the company, its directors and the Toronto Stock Exchange to put a stop to the kind of violence and intimidation seen at right.

Why sue the Toronto Stock Exchange? What did they do?

What’s the big deal about a mine?

STATUS:  Marcia, Israel and Polivio fight for their day in court

Copper Mesa and the Toronto Stock Exchange are going to court to ask a judge to dismiss the lawsuit before any evidence is heard.  This legal proceeding is known as a “motion to strike out the statement of claim”.

Attack at JuninOn March 25, 2010, in a courtroom in Toronto, Ontario, a judge will consider whether Canadian law can hold the defendants responsible for what happened to Marcia, Israel and Polivio in Ecuador.  The key question in this hearing is whether it is possible that the defendants have a legal duty to consider the consequences that their decisions can have on people like Marcia, Israel and Polivio.  If there is a chance that the TSX and Copper Mesa’s directors owe legal duties to Marcia, Israel and Polivio, the claim must be allowed to proceed to trial.

Take a look at legal documents for more.