An Alberta court has rejected a request from Kevin O’Leary’s firm – O’Leary Digital Limited – to dismiss a judicial review concerning consultation and water rights for the proposed Wonder Valley artificial intelligence data center project in northern Alberta.
The $70 billion project is planned for the Municipal District of Greenview, with approval granted for the withdrawal of six million cubic meters of water annually from the Smoky River for the project.
O’Leary Digital sought to dismiss a judicial review application from Sturgeon Lake Cree Nation, claiming it was not served within the required timeframe as a directly affected party.
SLCN contends that it was not adequately consulted during the granting of the water license.
The ruling, issued on Thursday, found 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 SLCN’s judicial review, with both requests being dismissed by Justice Parminder K. Johal.
SLCN Chief Sheldon Sunshine expressed satisfaction with the outcome in a news release on Thursday, stating that the judicial review provides an opportunity to uphold treaty rights and ensure consultation accountability from the Crown. The release indicated SLCN’s expectation for the judicial review to proceed in December.
O’Leary Digital CEO Paul Palandjian informed CBC News via email on August 14 that the company is currently evaluating the court decision. Palandjian expressed disappointment with the ruling and disagreed with the ongoing proceedings, emphasizing the company’s commitment to consult with SLCN and other communities in good faith since the inception of the Wonder Valley project.
Sunshine reiterated SLCN’s desire for further consultation, urging for transparency on the designs and technical reports of the data centers to assess potential impacts, similar to other large-scale projects.