Alberta Premier Danielle Smith announced Monday that she is under investigation by the Ethics Commissioner into whether she interfered in the administration of justice in the of a lawsuit against a citizen related to pandemic health measures.
This is the second third-party investigation into the United Conservative Party government in just over a year into allegations of judicial interference. It also occurs three weeks before the issuance of the election decree in anticipation of the May 29 provincial election.
The Prime Minister’s Office said in a statement that Ms Smith welcomed the investigation and would cooperate with the Ethics Commissioner. The Prime Minister also says she is convinced that this investigation will determine that she has done nothing wrong.
This same press release specifies that the Prime Minister will not comment further due to the ongoing investigation.
The office of Ethics Commissioner Marguerite Trussler did not respond to a request for comment. However, he operates under strict public disclosure constraints under conflict of interest law, including not being allowed to speak about an open investigation.
Ms Smith faced fresh allegations of interference with the justice system after a phone call went viral nearly two weeks ago. In the call, the Conservative premier is heard discussing an ongoing criminal case with the accused in the case, street pastor Artur Pawlowski of Calgary.
On the call, Pawlowski can be heard expressing concerns about his case and accusing the prosecutor of late filing of documents undermining his ability to defend himself against charges related to a protest at the U.S. border, in linked to the COVID-19 pandemic, in 2022.
Ms Smith then says she cannot intervene directly in her case, but interviews justice officials “almost every week” about such cases.
Additionally, it reveals the details of an internal disagreement over the Crown’s strategy in this case involving Pastor Pawlowski.
Ms. Smith is heard promising to investigate on Pastor Pawlowski’s behalf and get back to him, while claiming the charges against him are ideological.
The 11-minute call reportedly took place in early January.
It was leaked to the opposition. NDP Justice Critic Irfan Sabir played the recording to reporters on March 29.
Ms Smith has previously defended the timeliness of the phone call, saying that while politicians are not free to contact criminally charged people about their active case, that is her role, as an elected official , to listen to and act on the concerns of fellow citizens.
Then, over the weekend, Ms. Smith offered a new interpretation of the phone call. On her Saturday morning call-in radio show, she explained that she had accepted Mr. Pawlowski’s phone call because she believed the pastor was calling her as the leader of a political party, the Alberta Independence Party. She suggested that she didn’t expect him to bring up her court case.
“A clear violation”
Lawyers believe that this call constitutes a clear violation of the wall that must exist between the political and judicial powers. Whatever the reason for this call, Ms Smith should have ended the conversation as soon as the legal case was raised, lawyers believe.
According to political scientist Duane Bratt, the United Conservative Party now faces the possibility of an investigation into the Prime Minister and the party during an election campaign, as polls suggest confidence in Ms Smith is eroding.
“An ethical inquiry is, I think, appropriate. It’s a big step forward,” said Bratt, of Mount Royal University in Calgary.
Calgary pollster Janet Brown said the controversy has been in the headlines against the party for nearly two weeks, but the effect on voters is unclear.
“While it’s a big deal that the Ethics Commissioner is investigating this, on the other hand, I don’t know if this provides a lot of new information to Albertans or if it’s going to be very effective in changing minds. people. »
She said, however, that this is uncharted territory.
“What is the precedent of having an election while the Ethics Commissioner investigates the Prime Minister? »
The NDP has called for an expedited independent investigation into Ms. Smith’s involvement in the Pawlowski case and other COVID-19 related cases in court.
On March 31, NDP lawmaker Sabir sent a letter to Commissioner Trussler demanding an investigation into Mr. Pawlowski’s appeal, accusing Ms. Smith of breaching the Conflict of Interest Act provision that prohibits a member of the legislature to use his powers to promote the private interests of an individual.
Mr. Sabir said on Monday that the New Democrats had not heard from Ms. Trussler’s office about their complaint.
“The Prime Minister’s actions are a clear violation of the rule of law and she must be held accountable,” Sabir said.
The commissioner’s investigation comes just over a year after Ms Smith’s deputy prime minister, Kaycee Madu, was removed from the justice portfolio by former prime minister Jason Kenney. An independent report by a retired judge determined that Mr Madu had attempted to interfere in the administration of justice by calling the Edmonton police chief to complain about a traffic ticket.
Mr Madu received a new portfolio under the Kenney government, then was promoted to deputy prime minister when Ms Smith won the party leadership and became prime minister in October.
Artur Pawlowski is a controversial figure in Alberta for his high-profile and disruptive protests against the LGBTQ+ community and COVID-19 health measures.
He stood trial in February, charged with breaching a release and mischief order for allegedly inciting people to block public property at the Coutts border crossing. He is also charged under Alberta’s Critical Infrastructure Defense Act with willfully damaging or destroying critical infrastructure.
The trial is over, but the judge has not yet rendered his verdict.
The Alberta Independence Party announced it was parting ways with Mr Pawlowski late last month, saying their values no longer matched.
— With information from Colette Derworiz in Calgary