An Alberta court has rejected a request from Kevin O’Leary’s company, 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 the municipality authorized to extract 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, arguing that the company, as a directly affected party, was not served within the necessary timeframe. Sturgeon Lake Cree Nation claims it was not adequately consulted during the water license approval process.
In a decision released on Thursday, Justice Parminder K. Johal determined that O’Leary Digital’s involvement in 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 Sturgeon Lake Cree Nation’s judicial review, but this was dismissed by Johal.
Sturgeon Lake Cree Nation Chief Sheldon Sunshine expressed satisfaction with the outcome, stating that the judicial review provides an opportunity to uphold treaty rights and ensure accountability in consultation with the Crown. The Nation anticipates that the judicial review will move forward in December.
O’Leary Digital CEO Paul Palandjian mentioned in an email to CBC News on August 14 that the company is assessing the court’s decision. Palandjian expressed disappointment with the ruling and disagreement with the continuation of the legal process, emphasizing the company’s commitment to meaningful consultation, responsible project development, and regulatory compliance.
Chief Sunshine reiterated the Nation’s desire for further consultation, requesting transparency on the designs and technical reports of the data centers to assess potential impacts, similar to other large-scale projects.
