Alberta court dismisses O'Leary's bid to block First Nation's water permit challenge
A judge rejected the $70 billion data centre developer's attempt to stop Sturgeon Lake Cree Nation's legal challenge to six million cubic metres of water diversion from the Smoky River.
The day's top stories, food & events — every morning at 7. Unsubscribe anytime.
An Alberta judge has rejected a bid by Kevin O'Leary's data centre company to have a First Nation's legal challenge thrown out, clearing the way for a judicial review of water permits in December.
Court of King's Bench Justice Parminder Johal dismissed O'Leary Digital Limited's application "in its entirety" on Thursday. The company had argued it hadn't been served legal papers properly and sought intervenor status in the case.
Sturgeon Lake Cree Nation is challenging provincial water permits that would allow the Municipal District of Greenview to divert six million cubic metres of water from the Smoky River for the $70 billion artificial intelligence data centre project near Grande Prairie. The nation says Alberta didn't adequately consult it before issuing the permits, violating its treaty rights.
Chief Sheldon Sunshine said Sturgeon Lake is pleased the judicial review will proceed. "O'Leary's data centre here in Alberta is a mind-boggling, massive project, which the province has been shepherding through their regulatory system using the municipality to evade their duties to us," he said. "There is no environmental assessment and next to no consultation with our nation."
The judicial review hearing is set for December. O'Leary Digital has not yet commented.
What are the written reasons for Justice Johal's dismissal?
Has Alberta Environment and Protected Areas justified its decision to issue the water diversion permit?
We'll update this story as answers emerge.
The facts
How much water would be diverted for the data centre project?
Six million cubic metres of water from the Smoky River would be diverted for the $70 billion artificial intelligence data centre project near Grande Prairie.
When is the judicial review hearing scheduled?
The judicial review hearing is set for December 2026.
Why is Sturgeon Lake Cree Nation challenging the water permits?
Sturgeon Lake Cree Nation says Alberta didn't adequately consult it before issuing the permits, which violates its treaty rights.
