Canadian Oil Company Found Responsible for Deaths of 1,606 Ducks in Tar Sands Tailing Pond

Oilsands giant Syncrude was found guilty Friday on both environmental charges it was facing in connection with the April 2008 deaths of 1,606 ducks in one of its northern Alberta tailings ponds.  Syncrude was charged under the Alberta Environmental Protection and Enhancement Act and the federal Migratory Birds Convention Act with failing to protect migratory birds from a toxic tailings pond.

The decision was handed down in a packed courtroom by Alberta provincial court Judge, Ken Tjosvold. 

“I am convinced beyond reasonable doubt that Syncrude could have acted lawfully by using due diligence to deter birds from the basin, whether or not it was successful in its attempts at deterrence, and it did not do so,” Tjosvold said in his written decision.  The judge pointed to evidence presented during the trial that showed Syncrude had reduced staff responsible for its bird deterrent systems because of retirements and had scaled back the number of deterrents it used in the years before the ducks died.

The federal government hasn’t ruled out seeking a $300,000 fine for each of the 1,606 ducks that perished .  Federal Prosecutor Kent Brown said that while he won’t seek an available jail term for Syncrude executives, no decision has been made about seeking a fine that potentially could total almost $500 million.

Provincial Crown prosecutor Susan McRory told the court she would recommend that Syncrude fund an environmental project rather than pay a fine. Syncrude faces a maximum $500,000 provincial fine.

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