Toxic Tailings on Trial

ST. ALBERT--Syncrude Canada is back in court as the trial begins for the death of 1600 migrating birds, caused when they landed in Syncrude’s toxic tailings. Sierra Club Canada, who first laid charges on the matter by way of a Private Prosecution in January 2009, is in court following the opening statements.

Yesterday, the federal prosecutor laid out opening arguments that the tailings ponds themselves are unlawful according to the Migratory Birds Act. “The opening remarks solidified our belief that this case is really about the toxic tailings lakes themselves being on trial,” says Sierra Club Prairie Chapter Director Lindsay Telfer. “Under the Migratory Birds Convention Act the law is clear, the existence of the tailings ponds themselves are unlawful.”

The first day in court was marred by procedural delays made by the Syncrude Defence. The Defence asked that the sitting judge be removed from the case as he had previously worked with the crown prosecution, this motion was dismissed. After completion of opening comments the Syncrude Defence then entered a long motion that the two charges being brought forward were a case of “Double-Jeopardy”, claiming they cannot be charged twice for the same alleged act.

“It’s unfortunate that Syncrude did not appear in court to defend themselves and take responsibility for the alleged crimes,” Telfer further explains, “Putting forward no case for their defence, they used their time in court on procedural grasping at straws in a desperate attempt to get one of the charges dropped.”

Sierra Club Canada will be on hand throughout the case to comment and review the evidence being brought forward.

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Contact:

Lindsay Telfer
Prairie Director
Sierra Club Canada
(780)710-0136

Sheila Muxlow
Interim Prairie Director
Sierra Club Canada
(March-December 2010)
(780)660-0312

Michael Bernard
Director of Media Relations
Sierra Club Canada
michaelb@sierraclub.ca
(o) 613.241.4611 x230
(c) 613.302.9933
Toll free: 1.888.810.4204