Today three justices of the Ontario Court of Appeal dismissed the appeal of 29 Indigenous Tanzanian plaintiffs who sought permission to have their case against Barrick Mining heard in Canada. The plaintiffs allege killings, maimings, and torture that occurred between 2021 and 2023 at the hands of Tanzanian police contracted to provide security at Barrick’s North Mara Gold Mine.¹ This ruling is not on the facts of the case brought against Barrick, but solely on whether the case may proceed in Canada. 

The court concurred with the Ontario Superior Court of Justice ruling that “Tanzania is a clearly more appropriate forum than Ontario in which to try them.” The plaintiffs will seek leave to appeal the case to the Supreme Court.

“The court’s ruling is an immensely disappointing sign that Canada’s legal system does not yet recognize that when people allege that they have been harmed by our Canadian multinationals operating overseas they must be able to access our courts in Canada, where the company is headquartered,” says Catherine Coumans, of MiningWatch Canada. “This ruling sends the wrong signal to Canadian companies that they are shielded from being held to account in Canada for harm they may have caused overseas. The ruling is particularly disappointing as other countries around the world are implementing legislation to ensure access to their courts in cases filed against their multinationals.”

MiningWatch Canada has conducted nine human rights field assessments at the North Mara mine since 2014. We have gathered information on and documented 88 cases of alleged excess use of force by private security and by police contracted to provide security at the North Mara Gold Mine. The types of violence we have documented includes: rape, severe beatings leading to life-altering injuries and death, and injuries and deaths sustained through projectiles, such as teargas canisters, sound bombs (up to 160 dB that can cause permanent hearing loss), potentially deadly rubber bullets, and bean bag rounds, as well as live ammunition. 

For more background on this case and for reports based on our fieldwork see: www.barrickontrial.ca 

For more information contact: 

• Catherine Coumans, catherine@miningwatch.ca, 613-256-8331

Background on this case:

• On 23 November 2022 a case was filed in the Ontario Superior Court of Justice against Barrick by 21 Indigenous Kuria from villages surrounding the North Mara Gold Mine. See the statement of claim. The law firms involved are Camp Fiorante Matthews Mogerman (CFM) and Waddell Phillips.
• On 5 February 2024, eight additional Kuria plaintiffs were included under a new filing.
• From 15-17 October 2024, the Ontario Superior Court of Justice heard the case brought by the 29 Indigenous Kuria. 
• On 26 November 2024, the two cases were dismissed in the Ontario Superior Court of Justice in Toronto on. Justice E.M Morgan found that the “Court lacks jurisdiction to determine the matters at issue.” Noting further that “If the Court had jurisdiction, the actions would be permanently stayed on the basis of forum non conveniens.” 
• On 27 November 2025, three justices of the Ontario Court of Appeal heard the appeal by the plaintiffs. 

[1] Barrick Mining has operational control over the North Mara Gold Mine and is 84% owner of the mine through its subsidiary Twiga Minerals. The other 16% ownership is by the Government of Tanzania.