Alberta court allows First Nation challenge over data centre water rights

An Alberta judge has dismissed an application by O’Leary Digital Limited to block a judicial review brought by the Sturgeon Lake Cree Nation regarding the proposed $70-billion Wonder Valley artificial intelligence data centre project.

The Sturgeon Lake Cree Nation is challenging a water licence issued to the Municipal District of Greenview, which permits the diversion of six million cubic metres of water annually from the Smoky River. The Nation argues that the province failed to adequately consult with them regarding the licence, asserting their treaty rights on lands near the river.

Justice P. K. Johal rejected O’Leary Digital’s arguments that the company should have been served with the judicial review due to a contractual interest in the water licence, describing the company's connection to the licence as speculative. The court also denied the company's request to participate in the case as an intervenor or respondent. The judicial review is expected to proceed in December.