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by Mike Caswell
Tahoe Resources Inc. has taken the case it faces from a group of Guatemalan protesters to the Supreme Court of Canada. The company will be asking the court to rule on what has become the most significant issue in the case, determining whether the Canadian courts should hear the matter. Tahoe says that they should not, as the events at issue occurred entirely outside of Canada.
The request from Tahoe comes as part of a case in which a group of protesters sued the company in the Supreme Court of British Columbia over events at its Escobal mine in Guatemala. The group said that security personnel shot and injured them during a protest in 2013. They claimed to have suffered serious injuries, and asked that the B.C. courts award them appropriate damages.
Tahoe fought the case on jurisdictional grounds, claiming that the courts in Guatemala were the appropriate venue. The company initially succeeded, with Supreme Court Justice Laura Gerow dismissing the case on Nov. 10, 2015. She found that nearly everything connected to the matter was located in Guatemala. The alleged shooting occurred there, the plaintiffs all lived there, and their injuries and losses all took place there.
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