It’s been two years since the 1,600 infamous ducks landed on a tailings pond in the Alberta tar sands and died. Now, a recent freedom-of-information request has revealed that more than ducks are dying in the tar sands.

Kevin Timoney, an independent and well-respected scientist in Alberta, filed the request seeking data from Alberta Sustainable Resource Development. It turned out the data didn’t really exist, and had to be compiled in an ad hoc and thoroughly unscientific fashion. The disclosed numbers covered only three oil companies and showed reported deaths of 165 animals, including 27 black bears, 67 deer, 31 red foxes, and 21 coyotes, as well as moose, muskrats, beavers, voles, martens, wolves, and bats.

The numbers aren’t what is of most interest here—indeed, they are certainly quite low. But it does bring up a few questions: Why the secrecy? Why is industry not required to report on these numbers? And why is this data not routinely compiled and updated?

The fact that animal fatalities are under-reported is yet another symptom of a government that allows the oil industry to monitor itself. In fact, even the ducks were originally called in by a tipster.

But their small bodies have been arguably more valuable covered in black than in l’orange. Some even call them martyrs. The global outrage at their deaths spawned the first real charges against an oil company for its negligence in protecting wildlife—and that in turn is spawning a bizarre tíªte-í -tíªte between industry and government.

Usually best buddies in the tar sands saga, they’ve turned on each other in the courtroom, each blaming the other for the duck deaths. This is an unexpected turn of events, and certainly an uncomfortable position for the Crown. I’m sure the government of Alberta fully expected Syncrude to plead guilty to the charges, take the licks, fork over what amounts to a tiny sum in the great scheme of things, and carry on. If only. But Syncrude, likely with pressure from some of its neighbours, realized that a guilty plea could set a dangerous precedent for industry. That and its execs could technically face jail time.

(Syncrude is charged with one count under Section 155 of the Alberta Environmental Protection and Enhancement Act, for failing to ensure that hazardous substances directly or indirectly not come into contact or contaminate any animals, plants, food, or drink; and one count under the federal Migratory Birds Convention Act, for allegedly depositing or permitting the deposit of a substance harmful to migratory birds in waters or an area frequented by birds.)

The Crown says that Syncrude failed in its duty to protect wildlife by not having sufficient deterrents in place. Federal Crown prosecutor Kent Brown went a step further, saying that technically, the Syncrude tailings pond itself is illegal under the federal Migratory Bird Act because it’s located in an area frequented by migratory birds. So who’s really ducking the responsibility here, government or industry? Maybe both.

The current regulatory regime in Alberta can be compared to parents (government) leaving their teenager (industry) alone with the house over spring break, with keys to the car and full licence to use the credit cards as they see fit. Of course, the teenagers are asked to practise discretion and restraint, and the teenager eagerly agrees. “Don’t worry!” they would say. “You can trust me. Go, go!” So off they went, with barely a glance in the rear-view mirror. Meanwhile, the teenager’s friends are all showing up to join the party—emptying the liquor cabinets, cleaning out the bank accounts, filling the pool with garbage, and just generally running amok. When the parents return to the mess, the teenager then turns to them and says, “I mean really, what did you expect from me?”

So, then who is responsible? The parents for expecting their adolescent child to behave like an adult? Or the teenager for faking the funk to get the freedom? But regardless, once the damages are tallied and the blame divvied up, one thing is certain: under no circumstances should they be left to their own devices again.

Lock away the keys to the Benz. Cut up the credit cards. And for God’s sakes, cover the pool. The free ride is over. And if that doesn’t happen—if government doesn’t learn from its mistakes and insist on a babysitter—at that point, we need to ask: who’s really in charge here?

Jessica Wilson is a media and public relations officer for Greenpeace Canada.