The companies involved in a case that saw 550 ducks killed when they landed in an Alberta oilsands tailings pond have too-strong a defence, which is why no charges will be laid, the Crown announced Thursday.

The decision not to level charges against the energy giants lay solely with the fact prosecutors would likely not get a conviction against the operators - Syncrude and Suncor - if the case was taken to court, said Crown Prosecutor Susan McRoy in Edmonton.

McRoy said she looked at the entire investigation and asked herself, “do I have a reasonable expectation of conviction looking at the evidence that’s been gathered? And my conclusion is no.

“The companies involved (would) be successful in using the defence of due diligence and, that being said, I’m honbour-bound not to preceed on charges I do not feel I can win.”

Story continues below...

Listen to McRoy's statement:

A similar incident in 2008 saw 1,600 birds killed when they landed in another Syncrude pond. That event resulted in Syncrude being given the largest environmental penalty in Alberta history, reported the Globe and Mail at the time.

But this incident was much different, said McRoy

“In 2008, the deterrent were not out at all… this was a very different case in that the deterrents were in fact operating,” she said.

“Was there perfection? No

“But I have a different test that I have to consider and that is reasonable expectation of conviction.”

Dr. Colleen Cassady St. Clair, a leading expert from the University of Alberta on human-wildlife encounters and the deterrence methods used to mitigate conflicts, said what the ducks faced that night was a perfect storm.

"Birds landed on six different ponds in the oil sands region. We have weather records that make me quite convinced that weather was a primary factor in when the birds landed," she said.

"Really inclement conditions with very unfavourable winds must’ve been the reason that they decided to land. And that storm would’ve also been the reason why they landed where they did."

But St. Clair said the scientific community has learned a lot from the incident and discussed new methods that can be implemented to prevent adverse landings in the future.

Her full statement is here:

Related on HuffPost:

Loading Slideshow...
  • Tailings are a waste byproduct from the oilsands extraction processes used in mining operations.Tailings consist of a mix of water, sand, silt, clay, contaminants and unrecovered hydrocarbons and are toxic. Source: Pembina Institute

  • Syncrude's Tailings Dam near Fort McMurray, Alberta is one of the largest dam in the world.

  • Duck Deaths

    There have been at least 2,150 deaths of ducks related to tailings ponds in Alberta.

  • There are currently more than 170 square kilometres of tailings ponds in Alberta. Even when tailings ponds covered 50 square kilometers they were big enough to be seen from space. Source: http://oilsands.alberta.ca/tailings.html and Pembina Institute

  • Tailings management remains one of the most difficult environmental challenges for the oil sands mining sector. Source: http://oilsands.alberta.ca/tailings.html

  • Tailings are stored indefinitely in open lakes that cover an area approximately 50 per cent larger than the city of Vancouver. Source: Pembina Institute

  • Tailings lakes increase in volume at a rate that would fill the Toronto Skydome on a daily basis. Source: Pembina Institute

  • Tailings lakes seep. The exact amount of seepage is either not known or has not been made public. Source: Pembina Institute


Loading Slideshow...
  • CFB Cold Lake, CNRL

    A bitumen leak was reported at a Canadian Natural Resources oilsands operation in the weapons range part of the RCAF base in June 2013.

  • CFB Cold Lake, CNRL

    Company officials said the leak - at what it calls its Primrose operation - was caused by faulty machinery at one of the wells, affected an area of approximately 13.5 hectares and released as much as 3,200 litres of bitumen each day.

  • CFB Cold Lake, CNRL

    Preliminary tallies put the death toll from the leak at 16 birds, seven small mammals and 38 amphibians. Dozen were rescued and taken to an Edmonton centre for rehabilitation.

  • CFB Cold Lake

    As of early August 2013, more than 1.1 million litres of bitumen had been pulled from marshlands, bushes and waterways.

  • CFB Cold Lake, CNRL

    Although CNRL could not say when the leak may finally be stopped, it estimates it will likely cost more than $40 million to clean up.

  • <em>Click through for other recent spill in Alberta</em>

  • Plains Midstream

    Little Buffalo band member Melina Laboucan-Massimo scoops up July 13, 2012 what appears to oil from the pond shoreline near the site of a 4.5 million-litre Plains Midstream pipeline leak detected April 29, 2011. Photos taken at the site and released by Greenpeace of Alberta's second-worst pipeline spill suggest at least part of the site remains heavily contaminated despite company suggestions that the cleanup is complete.

  • Plains Midstream Canada

    A boat passes by a boom stretching out to contain a pipeline leak on the Gleniffer reservoir near Innisfail, Alta., Tuesday, June 12, 2012. Plains Midstream Canada says one of their non-functioning pipelines leaked between 1,000-3,000 barrels of sour crude near Sundre, Alberta, on June 7 and flowed downstream in the Red Deer river to the reservoir.

  • Plains Midstream Canada

    Debris pushes up against a boom as it stretches out to contain a pipeline leak on the Gleniffer reservoir near Innisfail, Alta., Tuesday, June 12, 2012.

  • Plains Midstream Canada

    A boom stretches out to contain a pipeline leak on the Gleniffer reservoir near Innisfail, Alta., Tuesday, June 12, 2012. Plains Midstream Canada says one of their non-functioning pipelines leaked between 1,000-3,000 barrels of sour crude near Sundre, Alberta, on June 7 and flowed downstream in the Red Deer river to the reservoir.

  • Plains Midstream

    A boom stretches out to contain a pipeline leak on the Gleniffer reservoir near Innisfail, Alta., Tuesday, June 12, 2012. Plains Midstream Canada says one of their non-functioning pipelines leaked between 1,000-3,000 barrels of sour crude near Sundre, Alberta, on June 7 and flowed downstream in the Red Deer river to the reservoir.

  • Plains Midstream Canada

    A photographer snaps a boom stretching out to contain a pipeline leak on the Gleniffer reservoir near Innisfail, Alta., Tuesday, June 12, 2012. Plains Midstream Canada says one of their non-functioning pipelines leaked between 1,000-3,000 barrels of sour crude near Sundre, Alberta, on June 7 and flowed downstream in the Red Deer river to the reservoir.

  • Plains Midstream Canada

    A boom stretches out to contain a pipeline leak on the Gleniffer reservoir near Innisfail, Alta., Tuesday, June 12, 2012. Plains Midstream Canada says one of their non-functioning pipelines leaked between 1,000-3,000 barrels of sour crude near Sundre, Alberta, on June 7 and flowed downstream in the Red Deer river to the reservoir.

  • Plains Midstream Canada

    A worker slows traffic while a boom stretches out to contain a pipeline leak on the Gleniffer reservoir near Innisfail, Alta., Tuesday, June 12, 2012. Plains Midstream Canada says one of their non-functioning pipelines leaked between 1,000-3,000 barrels of sour crude near Sundre, Alberta, on June 7 and flowed downstream in the Red Deer river to the reservoir.

  • Plains Midstream Canada

    A no swimming sign along the banks of the Gleniffer reservoir while a boom stretches out to contain a pipeline leak on the lake near Innisfail, Alta., Friday, June 12, 2012. Plains Midstream Canada says one of their non-functioning pipelines leaked between 1,000-3,000 barrels of sour crude near Sundre, Alberta, on June 7 and flowed downstream in the Red Deer river to the reservoir.

  • Plains Midstream Canada

    Oil from a pipeline leak coats a pond near Sundre, Alta., Friday, June 8, 2012. Plains Midstream Canada says one of their non-functioning pipeline leaked between 1,000-3,000 barrels of oil.

  • Plains Midstream Canada

    Oil from a pipeline leak coats a pond near Sundre, Alta., Friday, June 8, 2012. Plains Midstream Canada says one of their non-functioning pipeline leaked between 1,000-3,000 barrels of oil.

  • Plains Midstream Canada

    Oil from a pipeline leak coats a pond near Sundre, Alta., Friday, June 8, 2012. Plains Midstream Canada says one of their non-functioning pipeline leaked between 1,000-3,000 barrels of oil.

  • Plains Midstream Canada

    Tracks pass through oil on the banks of the Gleniffer reservoir after a pipeline leak near Sundre, Alta., on Friday, June 8, 2012. Plains Midstream Canada says one of their non-functioning pipelines leaked between 1,000-3,000 barrels of oil.

  • Enbrige's Athabasca pipeline

    Approximately 1,450 barrels of oil spilled from a pumping station along Enbridge’s Athabasca pipeline in June 2012. The spill occurred approximately 24 kilometres from Elk Point, Alta., a village located 200 kilometres northeast of Edmonton.

  • Lake Wabamun

    Wreckage from the August 3rd train derailment and subsequent oil spill is seen lining the shore of Lake Wabamun on Monday, August 8, 2005, as clean-up continues.

  • Lake Wabamun

    Wreckage and black oil from the August 3rd train derailment and subsequent oil spill are seen lining the shore and waters of Lake Wabamun on Monday, August 8, 2005, as clean-up continues.

  • Lake Wabamun

    White absorbent boom is seen lining the shores of Lake Wabamun, Alberta, as the clean-up effort from the August 3rd train derailment and subsequent oil spill continues on Monday, August 8, 2005.

  • Lake Wabamun

    Wreckage and black oil from the August 3rd train derailment and subsequent oil spill are seen lining the shore and waters of Lake Wabamun on Monday, August 8, 2005, as clean-up continues.

  • Lake Wabamun

    Wreckage and black oil from the August 3rd train derailment and subsequent oil spill are seen lining the shore and waters of Lake Wabamun on Monday, August 8, 2005, as clean-up continues. Lake Wabamun was severely polluted when a train carrying heavy oil derailed on August 3, 2005, spilling much of it's load into the lake.

  • Lake Wabamun

    Rail cars leak bunker fuel oil, meters from summer homes bordering Lake Wabamun, after a freight train derailed, in this August 3, 2005 file photo, near the town of Wabamun, Alta. Canadian National Railway faces an environmental charge stemming from the train derailment and oil spill at a popular Alberta lake last summer.


Loading Slideshow...