An Alberta court has rejected a request from O’Leary Digital Limited, owned by Kevin O’Leary, to dismiss a judicial review concerning consultation and water rights related to the proposed Wonder Valley artificial intelligence data center project in northern Alberta. The $70 billion project is planned for the Municipal District of Greenview, where the municipality has been granted permission to extract six million cubic meters of water annually from the Smoky River for the project.
O’Leary Digital sought to dismiss a judicial review application by Sturgeon Lake Cree Nation, claiming that as a directly impacted party, the company was not served within the required timeframe. Sturgeon Lake Cree Nation argues that it was not adequately consulted during the water license approval process.
Justice Parminder K. Johal, in a decision released on Thursday, ruled that O’Leary Digital’s connection to the license was speculative and allowed the judicial review application to proceed. The company also applied for intervenor status or to be added as a respondent in Sturgeon Lake Cree Nation’s judicial review, but Johal dismissed that request as well.
Chief Sheldon Sunshine of Sturgeon Lake Cree Nation expressed satisfaction with the outcome, stating that the judicial review provides an opportunity to uphold treaty rights and ensure accountability in consultation with the Crown. Sturgeon Lake Cree Nation anticipates that the judicial review will take place in December.
O’Leary Digital CEO Paul Palandjian, in an email to CBC News on August 14, mentioned that the company is currently assessing the court decision. Palandjian expressed disappointment with the ruling and disagreement with the continuation of the legal proceedings. He emphasized that the company has engaged in sincere consultation with Sturgeon Lake Cree Nation and other communities from the project’s inception, emphasizing a commitment to meaningful consultation, responsible project development, and regulatory compliance.
Chief Sunshine reiterated Sturgeon Lake Cree Nation’s desire for further consultation, requesting transparency regarding the design and technical aspects of the data center project to assess potential impacts thoroughly.
