Canadian courts throw out Congo massacre class action

A class action against a copper mining company over allegedly assisting the 2004 Kilwa massacre in the Democratic Republic of the Congo (DRC) has failed.

Acting for Congolese survivors and victims’ relatives, the Canadian Association Against Impunity (CAAI) had applied to Canada’s Supreme Court in an attempt to get the case heard. But this was dismissed, ending all judicial options.

Anvil Mining, an Australian company, was accused of providing logistical support to the Congolese military, which raped, murdered and brutalised the town of Kilwa as it put down a rebel uprising. The UN put the civilian death toll at 100.

The CAAI filed the action against Anvil, which was listed on the Toronto stock exchange and had a Montreal base, in November 2010. The company admitted the army used its trucks, food, lodging and other support but claims these were requisitioned by the DRC authorities and denies any wrongdoing.

In April 2011, the Quebec Superior Court ruled the case could proceed to the class certification stage, but the court of appeal, despite expressing sympathy for those seeking justice, overturned its decision on jurisdiction.

It was then that the CAAI applied unsuccessfully to the Supreme Court to accept jurisdiction.

CAAI president Patricia Feeney said: “This is an extremely disappointing outcome. This case highlights the difficulty victims of gross human rights violations face when trying to receive justice.”