
The Globe and Mail (Toronto)
July 9, 2004
Missed the point
By THOMAS M.T. NILES
New York -- Madelaine Drohan's article attacking the Canadian government's stance on the use of the Alien Tort Statute of 1789 to bring suits against Canadian companies in U.S. courts for events occurring in third countries misses the point.
The issue for Canada is not whether allegations of company involvement in human-rights abuses should be heard. Rather, it is whether a case involving allegations against a Canadian company for events occurring in Sudan should be heard in a U.S. Federal District Court.
From the Canadian point of view, this assertion of extra-territorial jurisdiction of a U.S. law should be totally unacceptable, as the government of Canada informed the U.S. Department of State. If Canadians believe such charges should be heard, Canada's Parliament could enact the necessary provisions.