Syncrude’s sentencing in the death of birds on one of its tailings ponds has been put off for two months and may result in a settlement.
Syncrude Canada has been on trial in St. Albert this year in connection with the deaths of about 1,600 birds on its Aurora tailings pond in 2008. The company has been charged under the provincial Environmental Protection and Enhancement Act and the federal Migratory Birds Convention Act, and could be fined up to $800,000 if convicted.
Judge Ken Tjosveld found the company guilty on both charges on June 25, but did not issue a sentence due to an unresolved question of double jeopardy. Defence counsel Robert White had argued that Syncrude had been charged twice for the same crime, killing birds, and wanted prosecutors to drop one of the charges prior to sentencing.
Lawyers were supposed to meet Friday morning at the St. Albert courthouse to hear Tjosveld’s decision on that matter. Instead, Syncrude lawyers asked for, and were given, an adjournment, as they were speaking with federal and provincial prosecutors about a settlement.
Prosecutors Kent Brown and Susan McRory had previously indicated they were pursuing a creative sentence for Syncrude, one that could involve fines being used for conservation groups or scholarships.
The company was still in talks with prosecutors about that sentence, Brown said outside of court. “We’re going to be in discussions. What the outcome is going to be is a whole different question.”
The parties will next meet in St. Albert court on Oct. 22, Brown said. At that point, they’ll either announce a settlement or receive Tjosveld’s judgment on the double-jeopardy matter and a final sentence.
Syncrude lawyers also said in court that White was no longer representing the company. Lawyer Jack Marshall had replaced him.
