It’s “like” unconstitutional. On March 1, 2010, trial began for the death of 1,600 ducks in a tailing pond at the Syncrude Aurora mine north of Fort McMurray. Syncrude had filed notice of constitutional questions, and while it opened by attacking the overlap of federal and provincial charges, any constitutional claims had the concreteness of an oil slick.
Syncrude is charged under both Alberta’s Environmental Protection and Enhancement Act (EPEA), and the Federal Migratory Birds Convention Act (MBCA). Section 155 of EPEA requires any person storing a hazardous substance to ensure that it does not come into contact with animals. Section 5(1) of theMBCA provides that no person shall deposit a substance hazardous to migratory birds into waters or areas frequented by those birds.
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