An Alberta court has rejected O’Leary Digital Limited’s request to dismiss a judicial review regarding consultation and water rights for the proposed Wonder Valley artificial intelligence data center project in northern Alberta. The project, valued at $70 billion, is planned for Municipal District of Greenview, with approval to extract six million cubic meters of water annually from the Smoky River.
O’Leary Digital sought to dismiss a judicial review application from Sturgeon Lake Cree Nation, arguing that as a directly affected party, they were not served within the required timeframe. Sturgeon Lake Cree Nation claims they were not adequately consulted during the water license approval process.
The court ruling, issued by Justice Parminder K. Johal, determined that O’Leary Digital’s connection to the license was speculative, allowing the judicial review application to proceed. Additionally, O’Leary Digital’s request for intervenor status or to be added as a respondent in the judicial review was also dismissed by Johal.
SLCN Chief Sheldon Sunshine expressed satisfaction with the outcome, stating that the judicial review presents an opportunity to uphold treaty rights and ensure accountability in consultation with the Crown. SLCN anticipates the judicial review will proceed in December.
O’Leary Digital CEO Paul Palandjian stated in an email to CBC News on August 14 that the company is evaluating the court’s decision. Palandjian expressed disappointment with the ruling and emphasized O’Leary Digital’s commitment to meaningful consultation, responsible project development, and regulatory compliance. Sunshine reiterated SLCN’s call for increased consultation and transparency from the province and O’Leary regarding the potential impacts of large-scale data centers.