Syncrude duck death trial underway

CBC News, March 1, 2010--Oilsands giant Syncrude returned to court Monday morning to face charges laid in the deaths of 1,600 ducks in a northern Alberta tailings pond in April 2008. Dozens of binders full of background material were stacked on tables and cabinets in the St. Albert, Alta., courtroom.

Prosecutors say it could take months to get through the evidence. Two months have been set aside for the trial. During the first week, the Crown plans to call to the stand the first responders after the ducks landed on the pond. The Crown also plans to call scientists to testify about what is in the tailings ponds and how harmful it is to wildlife.

The Crown is expected to establish what the industry standards are and what other companies do to avoid these types of incidents. 'Tailings ponds themselves are on trial,' says environmentalist

Speaking outside the courthouse on Monday, Sierra Club Prairie director Lindsay Telfer said the case goes far beyond the ducks and the "tailings ponds themselves are on trial." "I think that this incident specifically showed the world just how toxic the tailings ponds are," she said.

"We know now that the waters have killed 1,600 ducks, we know that those waters are leaking into the Athabasca [River] and we know downstream communities have significant health problems."

Telfer the government needs to hold companies like Syncrude responsible.

"This case specifically has skyrocketed the tar sands into the international global spotlight and I think it will continue to do so." Robert White, the lawyer representing Syncrude, also spoke to reporters outside the courthouse. "You will find it both distressing because you will hear a great deal about what happened to these ducks but also enlightening as you learn why it happened and why it won't ever again," he said.

Defence asks judge to consider recusal

The trial was briefly delayed Monday morning as White filed a motion requesting the judge consider removing himself from the case. White said provincial court Judge Ken Tjosveld was a senior Alberta Crown prosecutor and worked with prosecutors now involved in the trial. White said he didn't believe Tjosveld was biased, but that it was important there be no perception of bias. Tjosveld dismissed the application.

Case could set precedent

Syncrude is facing charges under federal and provincial laws in relation to the deaths of 1,600 ducks in a northern Alberta tailings pond in April 2008. The migrating ducks landed on the pond, north of Fort McMurray, and sank to the bottom after being coated in toxic sludge.

Air cannons used to scare migratory birds away from the tailings pond were not in place. The company has pleaded not guilty. It doesn't dispute that the ducks perished in the tailings pond, but says charges won't accomplish anything. Syncrude also says it did everything it could to keep birds away from the tailings pond. The company says a late winter storm prevented them from putting bird deterrents in place and the birds migrated earlier than usual. Environmentalists and those in the oil industry are watching the trial closely because it could set a precedent for tailings pond operators.

The federal charge Syncrude is facing falls under the Migratory Birds Convention Act. The law is generally applied only to hunters and companies that dump hazardous chemicals or oil into the water. It has never been applied to a tailings pond operator. If found guilty, Syncrude could face fines of up to $1 million.