Canada Mining Firm Faces Charges in Guatemalan Workers' Lawsuit

A British Colombia Supreme Court will begin trial Wednesday over the lawsuit of seven Guatemalan workers against Tahoe Resources of Vancouver after they sustained injuries during a protest.

The plaintiffs allege that security personnel fired on them with shotguns and rubber bullets, inflicting wounds to their backs, feet, legs, and in one instance a protester's face. 

"As a result of the shooting, the plaintiffs suffered serious injuries, including wounds to their backs, faces, feet and legs," says the plaintiff’s written statement of facts submitted by their lawyer.

Tahoe's Guatemala security manager, Alberto Rotondo, faces charges related to the incident. 

Wiretap transcripts ordered by Guatemala’s Public Prosecutor directly implicate Rotondo in connection with the shooting outside the Escobal mine. 

In a phone intercept recording a conversation with Tahoe’s communications and security advisor, Rotondo makes clear his intention to quell protests against the mine through violence. 

He also allegedly told a subordinate to pick up any shell casings, clean the guns. and said, "'They entered and they attacked us. And we repelled them, right?'"

The unnamed subordinate on the phone replied, "Yes, we're going to do what you say."

However, Tahoe's lawyers are expected to argue that since the incident happened in Guatemala, any court case resulting from the incident should take place in that country.

The plaintiffs will begin arguing Wednesday that British Colombia courts have jurisdiction, arguing that the Guatemalan legal system lacks sufficient judicial oversight and independence in order to ensure a fair hearing. 

In recent years, both the Guatemalan government and the mining industry have received sharp criticism following a series of conflicts between miners and local Guatemalan communities over environmental destruction and human rights abuses.  

According to the group Mining Watch Canada, since 2011, there have been nearly 90 legal cases filed against peaceful protesters and community leaders opposed to Tahoe Resources’ Escobal silver mine.