A duck is shown struggling in a Syncrude tailings pond in an April 2008 video submitted as evidence at the oilsands company's trial in St. Albert, Alta., Tuesday. (Government of Alberta) Oilsands company Syncrude now says some noise-making air cannons were in place the day 1,600 ducks died after landing on tailings pond covered in toxic sludge, a provincial court in Alberta heard Wednesday.

Up until now, Syncrude officials said winter weather had prevented the company from putting bird deterrents in place at the pond at the Aurora mine in northern Alberta.

The company is on trial on federal and provincial environmental charges for failing to protect migratory birds from the toxins on top of the water.

Bruce Lange, an Alberta Environment employee arrived at Aurora tailings pond on the evening of April 28, 2008, making him one of the first government officials to arrive at the scene. During his testimony, Lange showed a picture he took after he arrived that shows air cannons sitting on the shore of the tailings pond.

Syncrude lawyer Robert White told reporters outside court that there were bird deterrents like air cannons and scarecrows at the site that day, but they hadn't yet been fully deployed because of the winter storm.

"It would be going too far to say that we were well, well along," he said. "It had gone as far apace as one could for safety."

Due to legal reasons, Syncrude had not been able to say this until now, White said.

The picture of the sound cannons was taken on the evening of the day the ducks landed on the tailings pond. Other witnesses will provide more details about the timeline of that day, said provincial Crown prosecutor Susan McRory.

"You're hearing at the very beginning and then you're hearing a little bit later on and you're only hearing from the investigators," she said outside court. "So hopefully there'll be evidence in between to explain the continuity of what happened on that day."

There will also be testimony about when the snowstorm hit the area and whether it really impeded Syncrude's efforts to get all their bird deterrent equipment on the site, McRory said.

Syncrude faces one count under Section 155 of the Alberta Environmental Protection and Enhancement Act for failing to provide appropriate waterfowl deterrents at the pond.

The company has also been charged with one count under the federal 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.

Syncrude has pleaded not guilty to both charges. The trial is expected to last six to nine weeks and is being heard before a provincial court judge.