Editorial
September 16, 2009

The onus rests with the provincial government to stick to its guns in the Syncrude tailings ponds case and pursue a conviction, not just to hold an allegedly guilty party responsible for the deaths of 1,600 ducks, but also to rectify Alberta’s image as an environmentally unfriendly province.

St. Albert residents will have the unique opportunity to watch the case unfold in our own courthouse due to a lack of court time and space in Fort McMurray. On Monday representatives for the oilsands giant appeared in St. Albert Provincial Court and entered not guilty pleas to the two counts it faces over the April 2008 incident. The trial begins next March.

Syncrude has been charged under the Alberta Environmental Protection and Enhancement Act and the federal Migratory Birds Convention Act. Syncrude has been its own worst critic to date, reiterating its regret for the incident that happened when the ducks landed on the Aurora mine tailings pond and sank. The scare cannons normally used to keep birds away from the pond had not yet been deployed due to a late spring storm.

And yet Syncrude’s not guilty plea seems strange considering how the story has unfolded to date. Originally the company said 500 ducks died, but later revealed the number was closer to 1,600. When the province announced charges seven months ago, it also stated it would be seeking a “creative” sentence in the event of a conviction instead of the fines outlined under both pieces of legislation, such as working on environmental programs or technical developments.

Even in the face of this, and its own repeated apologies, Syncrude has chosen to enter a not guilty plea. Lawyer Robert White said afterwards no one can do more than the company has to avoid a similar incident in the future and that no court case can bring back the 1,600 ducks that died. While that may be true, it doesn’t change the fact that Syncrude potentially broke two laws. In a criminal case, apologizing and taking steps to prevent a future incident look good, but are not reasons to cancel a trial. Syncrude must face its day in court, regardless of how much work it has done after the fact.

This is an important case for the province to pursue. Before the duck deaths, Alberta’s image was already taking an international beating for the rampant development of the oilsands and the effect on the surrounding environment. The tailings pond incident sullied that image even further as the international press jumped on the story. Environmentalists from across the world have labelled our oilsands as being dirty and have lobbied governments to avoid its purchase. The province must continue to toe a hard line in order to shake that image.

While Alberta’s economy, even in these lean times, depends heavily on oil revenues, the province should be commended for pursuing the matter. Granted it took 10 months to lay charges, but we trust that was time well spent in ensuring a robust court case. Repairing Alberta’s international image will take more than just a single court case, but pursuing companies that allegedly breach our environmental laws will prove that every Albertan has a duty to the land. Following through against Syncrude is a watershed moment that might prove to the world our province cares about more than just oil.