Guatemalan Plaintiffs reach fair and reasonable settlement in Canadian mining lawsuits

PRESS ADVISORY

TORONTO, ON, Oct. 7, 2024: Lawyers for the Plaintiffs are pleased to announce that after more than a decade of litigation, the Mayan Q’eqchi’ Plaintiffs have successfully reached a fair and reasonable settlement with Hudbay Minerals Inc. which resolves litigation regarding allegations of human rights abuse at the Fenix mine in Guatemala.

The lawsuits relate to the 2009 killing of Adolfo Ich Cháman, the 2009 shooting and paralysis of Germán Chub Choc, and the 2007 eviction of the Mayan community of Lote Ocho from the disputed Fenix mine lands during which Plaintiffs Rosa Elvira Coc Ich, Margarita Caal and nine other women allege that they were sexually assaulted.

Hudbay Minerals owned the Fenix mine between 2008 and 2011. Prior to 2008, the Fenix mine was owned by Canadian company Skye Resources Inc., which was bought by and later amalgamated with Hudbay Minerals. Hudbay has denied the allegations including the alleged underlying events and liability throughout the litigation in Canada.

The settlement involves compensation to all thirteen plaintiffs in the three actions. The parties have agreed not to disclose the specific terms of the settlement including the amount paid in compensation.

Plaintiff Angelica Choc, widow of Adolfo Ich, said: “Over ten years ago, we made a decision to try to seek justice in Canada for what happened to us in Guatemala. It has been a difficult and unexpected path. Over the past decade I have sat through multiple court hearings in Canada, endured days of questioning under oath in an office tower in Toronto and told the story of my husband’s death many painful times. At times, it was hard to have hope. Part of me thought that we would never see any real justice. But somehow we made it through this together, and I feel so much relief that this is over and that it has come to a good ending with a fair settlement. 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. I feel proud of what we have accomplished with our lawyers in Canada and because of the support of Rights Action”.

Rosa Elvira Coc Ich said: “It has been a long and hard road for us, but through it all we stood strong. We fought to be heard, no matter the obstacles. We travelled over 3,000 kilometers to Canada to be heard because this is where the company is and where investors are. We received great support every step of the way, and still it was difficult. Nothing can change what happened to us, but this settlement is a vindication for us, and will allow us to begin to heal and to move on with our lives in a positive way.”

German Chub Choc said: “We worked very hard together as plaintiffs to get to this point, with our families and communities, and our lawyers and Rights Action. It is true that I cannot really say that I am happy, because my personal and family life have been badly damaged forever by what happened. But I can say that I am proud that we have stood up for ourselves, fought back, and achieved this positive result.”

Margarita Caal said: “I feel very good about what we were able to accomplish together. This ending to the lawsuit will help us to begin re-building the lives of our families and communities. I hope that in some small way this lawsuit has made the world a better place for others.”

Murray Klippenstein, lawyer for the plaintiffs said: “At the beginning of this journey, the Plaintiffs were not sure that they would get any justice for what happened to them, either in Guatemala or in Canada. 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. Our clients hope that their tenacity and ordeal will help protect the rights of others everywhere.”

Cory Wanless, lawyer for the plaintiffs said: “I am proud of what our clients have achieved. It has been both heartwarming and often heart wrenching, for us as lawyers, to work with Angelica, Rosa, Margarita and the others, and to share in a small piece of their lives. It is our hope that with this settlement there can be real healing and a feeling of justice and resolution.”

Grahame Russell, director of Rights Action, said “Since I began working in 2004 with mining impacted communities in the Mayan Q’eqchi’ territories of eastern Guatemala, I never remotely imagined that this type of legal resolution in Canada to complicated mining impacts in this region would be feasible. From 2010 forward, it has been a powerful and moving journey and legal struggle with the thirteen plaintiffs and their lawyers. It has been so hard for the plaintiffs, but this fair and just resolution allows them to move on with their lives.”

Contact

Murray Klippenstein
Klippensteins Barristers & Solicitors
[email protected]
416-937-8634

Cory Wanless
Waddell Phillips PC
[email protected]
647-886-1914

Grahame Russell
Rights Action
[email protected]
416-807-4436