Verdict in June for Syncrude duck deaths trial
2½ month trial ended Wednesday
Last Updated: Wednesday, May 12, 2010 | 6:49 PM MT
CBC News
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IN DEPTH: Syncrude duck deaths
- Syncrude court date moved to October
- Aug. 20, 2010
- Syncrude guilty in Alberta duck deaths
- June 25, 2010
- Verdict in June for Syncrude duck deaths trial
- May 12, 2010
- Syncrude dismissal bid rejected by judge
- April 29, 2010
- Syncrude conviction would end industry, lawyer argues
- April 28, 2010
- Syncrude delays dismissal request on duck charges
- April 27, 2010
- Syncrude lawyer to call for dismissal of charges
- April 26, 2010
- Staff, vehicle shortage kept Syncrude from protecting ducks
- April 21, 2010
- Syncrude worker statements on duck deaths released
- April 20, 2010
- Syncrude duck pictures not seen by Stelmach
- March 9, 2010
- Air cannons were at Syncrude pond, court told
- March 4, 2010
- Images show dead ducks in Syncrude pond
- March 2, 2010
- Syncrude asks for understanding
- March 1, 2010
- Syncrude duck death trial underway
- March 1, 2010
- Syncrude pleads not guilty to duck death charges
- Sept. 14, 2009
- Syncrude says duck death toll was 3 times original estimate
- March 31, 2009
- Few survivors after 500 ducks take dip in Alberta oilsands waste
- April 30, 2008
Syncrude lawyer Robert White, shown here in March, made his closing arguments in the duck deaths trial on Wednesday. (CBC)The trial of oil giant Syncrude for the deaths of 1,600 ducks in one of its Alberta tailings ponds ended Wednesday afternoon with the judge announcing he will deliver his verdict on June 25.
The trial has taken 2½ months, with provincial court Judge Ken Tjosvold hearing evidence on the charges that the company violated the Alberta Environmental Protection and Enhancement Act and the federal Migratory Birds Convention Act.
Syncrude is accused of not doing enough to dissuade the ducks from landing on its Aurora tailings pond in northern Alberta. The migratory birds died on April 28, 2008, after getting stuck in the pond's toxic sludge.
On Wednesday, the court heard closing arguments from Syncrude lawyer Robert White, who argued the deaths of the ducks were accidental and not a crime.
As he stood behind the courtroom lectern, White told the judge that the charges against Syncrude were wrong and that a guilty verdict would be bad for the oilsands industry as a whole.
If Syncrude is guilty, then any oilsands company with a tailings pond is guilty, White argued, and has only two options: break the law or shut down.
"Should we? We should win," White said Wednesday. "Will we? I think so."
Tailings ponds legal, necessary: defence
Tailings ponds store the byproducts of the bitumen extraction that takes place during oilsands development. They contain a toxic sludge of bitumen remnants, clay, sand and metals.
No one likes tailings ponds, White said, but they are legal and necessary as long as there is a high demand for the synthetic crude that is processed from the oilsands.
The Crown contends that Syncrude is at fault for not putting out bird deterrents like noise-making air cannons and scarecrows early enough to keep migrating birds from landing on the ponds.
White argued that a late-season snowstorm made it impossible to get the deterrents in place.
Most of the trial, which began March 1, was taken up with evidence from Crown witnesses. After his request to have the charges dismissed was rejected in late April, White announced he wasn't calling any witnesses and rested his case.
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.
The company 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.
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