In the Supreme Court
sitting at
Essex University
31st March 2012
In the matter between
Regina
v
Robin Bannerman [Global Petroleum Company]
John Tench [Glamis Group]
______________
Agreed Facts
______________
Count 1
8.
At all relevant times between 28th day of March 2010 and 6th day of September 2010 Robin
Bannerman was the Chief Executive Officer (CEO) of Global Petroleum Group (GPC).
9.
At all relevant times between 28th day of March 2010 and 6th day of September 2010 Robin
Bannerman, in his role as CEO, had authority and responsibility over GPC operations in the
Athabasca Tar Sands area in Canada.
10.
It is admitted that both surface mining & in situ assisted gravity drainage (SAGD) are used
as mining processes by GPC.
11.
It is admitted that currently the vast majority of tar sands in Canada is extracted by surface
mining methods. Surface mining open cast mining on a massive scale in which boreal
forest is felled, the top soil and its carpet of plants removed and the subsurface of sand and
clay - to a depth of tens of meters - is removed by excavator machines. The subsoil is
transported from the site by trucks and conveyor belts to the tar sands ‘upgraders,’ (steam
and water are used to separate the clay and sand from the bitumen) which is then
transported to a refinery that processes the heavy crude into petroleum products such as
diesel and gasoline. Surface mining removes forest lands and creates great lakes of toxic
tailing ponds and requires a higher energy input for each barrel of refined product produced
than normal (conventional) oil production. Consequently the carbon intensity of petroleum
produced from tar sands is 3 times greater than that produced from conventional oil.
12.
As a consequence of the surface mining process, tailing ponds are constructed and used for
the disposal of waste water.
13.
It is admitted that approximately 80% of the potentially extractable tar sands reserves in
Canada lies too deep below the ground for it to be extracted by surface mining, and GPC
have developed a system of extraction entitled Steam Assisted Gravity Drainage, SAGD.
14.
It is admitted that the SAGD method consists of two wells that are drilled into the bituminous
layer of tar sands; into the higher well is injected steam and solvents, which heats the
bitumen sufficiently for it to flow down into the lower well from which it is pumped to the
surface. Once above ground the tar sands is then conveyed to the ‘upgraders’ via pipeline
and processed in a similar method to that utlised by surface mining.
15.
It is admitted that SAGD is not dependent on the creation of tailing ponds.
16.
It is admitted that SAGD causes some disruption to boreal forest growth by fracturing the
land beneath.
17.
It is admitted that SAGD is more energy intensive than surface mining.
Count 2
14.
At all relevant times on the 19th of April 2010 John Tench, was Chief Executive Officer
(CEO) of Glamis Group.
15. At all relevant times on the 19th of April 2010 John Tench, in his role as CEO, had authority
and responsibility over Glamis Group operations in the Athabasca Tar Sands area in Canada.
16. It is admitted that surface mining is used as a mining process by Glamis Group.
17. As a consequence of the surface mining process tailing ponds are constructed and used for
disposal of waste water.
18. The Glamis Group had company policy is to use cannons to scare off the birds from the tailing
pond and it admits the bird cannons were not activated when 1,600 birds landed on the tailing
pond on the 19th of April 2010.
19. It is admitted that none of the 1,600 birds that landed on the tailing pond survived.
20. It is agreed that 1,600 birds either sank or were removed and destroyed.