Syncrude pleads not guilty in dead ducks case

Sarah O’Donnell, September 14, 2009, Edmontonjournal.com, ST. ALBERT — Oilsands giant Syncrude pleaded not guilty Monday to charges levelled against it by the federal and provincial governments in connection with the deaths of about 1,600 ducks on its tailings pond north of Fort McMurray.

The not guilty pleas come seven months after the company was charged under both the Alberta Environmental Protection and Enhancement Act and the federal Migratory Birds Convention Act after the flock of waterfowl landed on the waste pond in April 2008 and were covered in oily residue.

Syncrude lawyer Robert White said afterwards on the steps of the St. Albert courthouse that the company has expressed its “deep regret” for the tragedy many times and taken steps to make sure such an incident does not happen again.

“Syncrude is not above the law,” White said. “However, the law has recognized for a long time that when people do their best to avoid something, that isn’t a matter for charges. That is a matter of fixup.”

Charging the company will do nothing to bring back the 1,600 ducks, White said. “And it is not possible for anybody to do more than Syncrude has done to ensure it never happens again.”

Two months of court time, beginning March 1, 2010, are reserved for the trial in St. Albert because there was no courtroom time available in Fort McMurray for a lengthy trial.

Bob Cox, executive director of Greenpeace Canada, said he was disappointed, but not surprised, that the company opted to fight the charges.

In a written statement issued by Syncrude upon entering the pleas, president and CEO Tom Katinas reiterated the company’s apology for the loss of wildlife, calling it “completely unacceptable.”

Katinas said he would not outline the company’s reason to plead not guilty out of respect for the judicial process. “We will provide our reasons in court, and we ask Canadians for their patience as we go through this legal process,” he said in the statement.

White said the company is still considering whether to launch a constitutional challenge against the federal charge.