An Alberta court has rejected a bid by Kevin O’Leary’s firm – O’Leary Digital Limited – to dismiss a judicial review concerning consultation and water rights for the planned Wonder Valley AI data center project in northern Alberta. The $70 billion initiative is slated for the Municipal District of Greenview, where six million cubic meters of water from the Smoky River have been authorized for annual use by the project. O’Leary Digital sought to invalidate a judicial review request from the Sturgeon Lake Cree Nation, contending that the company, as a directly impacted party, was not served within the stipulated timeframe. The Sturgeon Lake Cree Nation asserted that it was inadequately consulted during the water license approval process.
The ruling, issued on Thursday, determined that O’Leary Digital’s link to the license was speculative and allowed the judicial review application to proceed. The company also sought intervenor status or inclusion as a respondent in the SLCN’s judicial review, both of which were dismissed by Justice Parminder K. Johal.
SLCN Chief Sheldon Sunshine expressed satisfaction with the ruling in a press release on Thursday, emphasizing the opportunity presented by the judicial review to uphold treaty rights and ensure accountability in consultation with the Crown. The statement disclosed that SLCN anticipates 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 evaluating the court’s decision. Palandjian expressed disappointment with the ruling and disagreed with the continuation of the legal proceedings. He highlighted the company’s efforts to engage in meaningful consultation with SLCN and other communities since the inception of the Wonder Valley project, emphasizing their dedication to responsible project development and regulatory compliance.
Sunshine reiterated SLCN’s call for enhanced consultation, urging transparency from the province and O’Leary regarding the designs and technical reports of the data centers to assess potential impacts, similar to other large-scale projects.