An attempt by Kevin O’Leary’s firm, O’Leary Digital Limited, to dismiss a judicial review on consultation and water rights for the proposed Wonder Valley artificial intelligence data center project in northern Alberta has been rejected by an Alberta court. 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 reject a judicial review application filed by Sturgeon Lake Cree Nation, arguing that it was not served within the required timeframe as a directly affected party. Sturgeon Lake Cree Nation claims it was not adequately consulted during the water license approval process.
The court’s decision, announced on Thursday, saw Justice Parminder K. Johal ruling that O’Leary Digital’s link to the license was speculative and allowed the judicial review application to proceed. The company also requested intervenor status or to be added as a respondent for Sturgeon Lake Cree Nation’s judicial review, but Johal dismissed this application as well.
Sturgeon Lake Cree Nation Chief Sheldon Sunshine expressed satisfaction with the outcome in a news release on Thursday, mentioning that the judicial review presents an opportunity to uphold treaty rights and ensure accountability in consultation with the Crown. The Nation expects the judicial review to proceed in December.
O’Leary Digital CEO Paul Palandjian stated in an email to CBC News on August 14 that the company is assessing the court’s decision. Palandjian expressed disappointment with the ruling and disagreement with the continuation of the legal process. He noted that O’Leary Digital has engaged in meaningful consultations with Sturgeon Lake Cree Nation and other communities since the inception of the Wonder Valley project, emphasizing their dedication to responsible project development and regulatory compliance.
Sunshine reiterated Sturgeon Lake Cree Nation’s call for increased consultation, urging transparency in sharing project designs and technical reports to assess potential impacts as done in other large-scale projects.