An Alberta court has rejected Kevin O’Leary’s company, O’Leary Digital Limited’s bid 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 the municipality given approval to draw six million cubic meters of water annually from the Smoky River for the venture.
O’Leary Digital sought to dismiss a judicial review application by the Sturgeon Lake Cree Nation, arguing that they were not served within the required timeframe as a directly impacted party. The Sturgeon Lake Cree Nation claimed they were not adequately consulted during the water license granting process.
On Thursday, Justice Parminder K. Johal ruled that O’Leary Digital’s link to the license was speculative, allowing the judicial review application to proceed. The company also requested intervenor status or to be included as a respondent in the Sturgeon Lake Cree Nation’s judicial review, which Johal dismissed.
Chief Sheldon Sunshine of the Sturgeon Lake Cree Nation expressed satisfaction with the court’s decision, emphasizing the opportunity presented by the judicial review to assert their treaty rights and ensure proper consultation by the Crown. The Sturgeon Lake Cree Nation anticipates the judicial review will move forward in December.
O’Leary Digital CEO, Paul Palandjian, informed CBC News via email on August 14 that the company is evaluating the court’s ruling. Palandjian expressed disappointment with the decision, highlighting their disagreement with the continuation of the legal process. He emphasized O’Leary Digital’s commitment to meaningful consultation, responsible project development, and regulatory compliance.
Chief Sunshine reiterated the Sturgeon Lake Cree Nation’s call for increased consultation, urging transparency and the provision of project details and technical reports for assessment, similar to other projects of this magnitude.