Syncrude lawyer Robert White wants a judge to dismiss the two charges faced by the oilsands company. (CBC)An Alberta provincial court judge will rule Thursday on Syncrude's request to dismiss the two charges it faces in the deaths of 1,600 ducks on a tailings pond north of Fort McMurray two years ago.

Syncrude lawyer Robert White argued Wednesday that federal and provincial environmental charges have not been proved by the Crown.

Provincial laws are aimed at keeping companies from spilling toxic substances into the environment, White argued. He contends they aren't applicable in this case because Syncrude had contained the bitumen in the Aurora tailings pond.

"If the Crown is correct, and one can be guilty of a violation of this section simply by having the settling basin … then every oilsands plant and a great deal of other industry in the country have got to stop operating," he told reporters outside the courthouse.

White added it was hypocritical for governments to allow oilsands mining and then charge them for having a licensed tailings pond.

"That means the government would be complicit in a crime and the industry will come to a stop. It is that high-stakes and I'm not sure that everyone has understood that those are the stakes in this case."

Both the provincial and federal Crown prosecutors rejected White's arguments.

"The concept that a successful prosecution under this legislation would shut down the oil companies does not make sense when you realize there's a defence available to this charge," provincial Crown lawyer Susan McRory outside the court.

"The defence is, if you took all reasonable steps to avoid the offence, you will be acquitted."

White argued that federal legislation couldn't be applied to the case either because the pond isn't a natural nesting area for migratory birds

But federal Crown prosecutor Kent Brown said the evidence shows the tailings pond is used by birds every year.

"That's why they set the cannons out … because every year they know the migratory birds are coming on this flyway and there's a real potential that they'll land on those ponds because its the first open water that's available to them," he told reporters.

"In our view, it makes it an area frequented by migratory birds."

Alberta provincial court Judge Ken Tjosvold will rule on White's motion at 10 a.m. Thursday. The trial in St. Albert provincial court, northwest of Edmonton, is now in its ninth week.

Syncrude faces one count under Section 155 of the Alberta Environmental Protection and Enhancement Act for allegedly failing to ensure that hazardous substances directly or indirectly not come into contact or contaminate any animals, plants, food or drink.

It is also charged with one count of violating 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.