By Ryan Tumilty
Staff Writer
September 16, 2009

Syncrude Canada pleaded not guilty Monday to two environmental charges laid following the deaths of 1,603 ducks on a tailings pond, setting the stage for a two-month trial in St. Albert next spring.

The company was charged earlier this year, nine months after the April 2008 incident. Initial reports pegged the number of ducks killed at 500.

The company is facing one charge under federal Migratory Birds Convention Act and an additional charge under the Alberta Environmental Protection and Enhancement Act.

Syncrude issued a public apology following the incident, but on the courthouse steps after they entered their plea Robert White, the company’s lawyer, said they don’t believe the charges have merit.

“To now charge us and bring us to court is not going to bring back 1,603 ducks and it is not possible for anybody to do more than Syncrude has done to make sure that this never happens again,” he said. “The law has recognized for a long time that when people do their best to avoid something, that is not a matter for charges — it is a matter for fix up.”

Crown prosecutor Kent Brown said while he is pleased Syncrude is taking steps to avoid future incidents, that does not satisfy the law.

“I don’t think the public would be accepting of simply saying that they have made improvements and let’s move on.”

Jeh Custer with the Sierra Club came to the courthouse for the proceedings and said the company is wasting taxpayers’ dollars with the trial.

“They issued a public apology. Why do they continue to waste our time and our money by not taking responsibility for their actions?”

Bruce Cox, executive director of Greenpeace Canada, said the company is engaging in legal wrangling to avoid setting a precedent.

“I think it is a never-give-an-inch attitude. They know this will not be the last time because it is certainly not the first time.”

Custer initially laid the charges as a private prosecution and then withdrew his charges when the government followed suit. He said the government wasn’t moving quickly and needed to be spurred into action.

“It was nine months after the incident and if we are going to have a responsible environmental regulation system in Canada, we can’t wait nine months to enforce our own laws.”

Custer said Canadians need to demand a tougher regulatory approach.

“We have to make the biggest polluters and the big oil industry pay. We have to hold them accountable for their actions.”

White said despite what the public perception might be, it has to be argued in a courtroom.

“We live in this country under the rule of law, not under the rule of public opinion. If the law is being followed, 10,000 people can be unhappy and it doesn’t matter.”

The trial is scheduled to begin on March 1, 2010 and could run as long as two months. St. Albert has no direct connection to the case and was chosen for convenience for all the lawyers involved.