Hudbay settles lawsuits with Indigneous Mayans after decade-plus of litigation

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Hudbay Minerals Inc.'s copper smelter in Flin Flon, Man., 2009. (Credit: Brian Pieters Photography)

Hudbay Minerals Inc. has settled three lawsuits filed more than a decade ago in Ontario by members of a remote Indigenous community in Guatemala accusing the Toronto-based miner of negligence after a series of brutal expulsions left one person dead, another paralyzed and others injured.

Terms of the settlement announced on Monday were not disclosed, but lawyers said the plaintiffs each received compensation.

Between 2007 and 2009, dozens of personnel from the Fenix nickel mine in eastern Guatemala, along with police and military, allegedly violently evicted the Indigenous Mayan community of Lote Ocho from their homes, according to allegations in the suit.

In the clash, 11 Mayan Q’eqchi’ women say they were allegedly sexually assaulted, community leader Adolfo Ich Cháman was assaulted with a machete, shot and killed, and another community member, Germán Chub Choc, was shot and left paralyzed.

Hudbay spent more than a decade fighting the case and framed the settlement as a positive because it concludes the litigation without having to admit liability.

“The terms agreed with the plaintiffs confirm the settlement is without admission of liability and the parties continue to have fundamentally differing views on the facts,” the company said in a press release.

Peter Kukielski, chief executive of Hudbay, said the settlement was a recognition of “the difficult economic and social circumstances of the plaintiffs.”

Hudbay purchased the mine in 2008 for $451 million and inherited liability at that time for the actions of the previous owners, but also faced allegations related to its own personnel.

Murray Klippenstein at Klippensteins Barristers & Solicitors, one of the lawyers for the plaintiffs, said his clients hope that their “tenacity and ordeal” will help protect other similarly situated people.

“The plaintiffs pursued justice in Ontario against a transnational Canadian corporation and ultimately obtained a fair and reasonable settlement. We think that corporate executives and investors alike may want to take note,” he said in a statement.

One plaintiff, Angelica Choc, the widow of Ich Cháman, said she has travelled to Canada multiple times, endured days of questioning under oath in Toronto and was forced to retell the “painful” story of her husband’s death many times.

“Nothing can bring my husband back or undo the anguish felt by me, my family and the other plaintiffs, but I am glad that some measure of justice has been achieved,” she said in a statement.

The lawsuit against Hudbay helped usher in a new era of legal accountability since it was one of the first to try to hold a Canadian mining company liable for human rights abuses that occur abroad. Two other lawsuits that employed a similar legal theory were filed against other mining companies afterwards, both of which were settled years ago.