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Dismissal denied in Syncrude duck trial
News Articles | Fort McMurray Today | Carol Christian | May 01, 2010
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No matter the outcome of the Syncrude Canada trial into the deaths of migratory waterfowl, at least one environmental organization is encouraging private prosecutions in the name of accountability.
After Judge Ken Tjosvold rejected Syncrude lawyer Robert White’s arguments to dismiss the case Thursday, White told gathered media a guilty verdict would open the door to private prosecutions.
Those comments prompted Sheila Muxlow, interim director of Sierra Club Prairie to respond.
“He’s trying to say ‘Gosh, you can’t charge us because if you do this, this is going to set off a domino effect where we’re going to get charges from all these citizens who are concerned with the way we’re destroying the environment and that would just be unacceptable.’
“No. That’s not acceptable,” she said the morning of his comments. “That’s what we’re supposed to be doing when we live in a democracy.”
Regardless of the verdict, Sierra Club will be encouraging people to file private prosecutions to hold these companies accountable for the toxic mess they are creating, said Muxlow critical of the lack of political will to lay charges in the first place, relying on private prosecution to get the ball rolling.
“The federal government has argued that toxic tailing lakes violate Canada’s environmental laws and we agree.”
Before the federal and provincial charges were laid against Syncrude, a private prosecution had been laid by Jeh Custer, an Alberta resident and member of Sierra Club Canada, in January 2009.
His prosecution was withdrawn in February that year after the government charges were laid.
Muxlow contends oilsands mining companies should never have been able to create the 170 square kilometres of tailings ponds. The Energy Resources Conservation Board defines tailings as waste from oilsands extraction processes that is generally composed of water, sands, silt, clay and residual bitumen
If the government refuses to continue pursuing companies that have toxic tailing lakes, which by their existence violate Canada’s Migratory Bird Act, Muxlow repeated her organization will urge residents to use private prosecutions to try do the governments job for them.
According to Greenpeace campaigner Mike Hudema. White had two things right: if Syncrude were to be found guilty, then the government should be held equally guilty for allowing “toxic tailing lakes” on Alberta’s formerly pristine Boreal landscape, and that the toxic nature of tailing lakes themselves violates Canada’s environmental law.
“Even if Syncrude is found guilty and given the maximum fine, which they can pay off with less than an hour’s worth of profits, justice will still not be served. The company will not close its tailing lakes, the government has gotten off scot-free and Albertans are left to deal with 170 square kilometres of toxic mess growing larger every day.”
He added that the ducks are just the tip of the “tarsands iceberg,” a tiny symbol of the toxic nature of the oilsands business that continues to poison the landscape, downstream communities and a vast river system.
“Justice will be done when we shut down these industries, start protecting our communities and move to a green energy economy.”
Syncrude was charged federally and provincially following the April 28, 2008, incident 1,606 land on the Aurora tailings pond and subsequently die.
The nine-week trial which began March 1 in St. Albert Provincial Court continues Wednesday when the defense begins its arguments, according to the clerk’s office.
The company pleaded not guilty in September to all charges laid by both the federal and provincial governments. Though the charges were laid independently, it is a joint prosecution headed by Susan McRory, environmental co-ordinator for Alberta Justice.
Environment Canada charged Syncrude under the Migratory Birds Convention Act for allegedly depositing or permitting the deposit of a substance harmful to migratory birds in waters or an area frequented by birds.
The federal charge is similar to the one laid by Alberta Environment under the Environment Protection and Enhancement Act, that anyone who keeps, stores or transports a hazardous substance or pesticide must ensure the substance does not come into contact with or contaminate any animals, plants, food or drink.
Alberta Environment said in March the maximum penalty for the provincial violation is $500,000 per bird, while the federal conviction can amount to a fine of $300,000 per bird or six months in jail or both.
According to Environment Canada, this was the single largest reported incident of oiled birds in the oilsands region.
Tagged with: syncrude, sierra club, lawsuit, environment canada, toxic pollution
