Story by Jonny Wakefield • Edmonton Journal
Evening was approaching when Dr. Mukarram Zaidi’s teenage sons stopped their basketball game in the front of the family’s Calgary home and told their father someone outside wished to speak with him.
Justice Minister Tyler Shandro.
Zaidi slipped on a jacket and a pair of slippers and found Alberta Health Minister Tyler Shandro on the sidewalk at the end of the driveway.
“He was crying, emotionally charged, his wife was holding him,” Zaidi testified Tuesday during the first day of Shandro’s Law Society of Alberta conduct hearing. “He said, ‘You can’t do this to us, we’re getting death threats.’”
“I said, ‘What happened?’ He said, ‘Your post. You need to delete your post.’”
Attendees at the tribunal hearing were treated to the unprecedented sight of Alberta’s sitting justice minister facing formal sanction from the province’s legal regulator.
The hearing, which is taking place over Zoom, will determine whether Shandro’s interactions with doctors and members of the public during two months of his stint as health minister violated the code of conduct governing Alberta lawyers.
Related
Law Society of Alberta to hold hearing into Shandro's conduct
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Shandro sat in a boardroom alongside his lawyer, who said Shandro was the focus of a “cyberbullying” campaign related to the UCP’s decision to end the government’s agreement with doctors. Grant Stapon argued the law society should not discipline his client for conduct he argues is unrelated to the fact Shandro is a lawyer.
Lawyers for the law society, on the other hand, said Shandro’s actions bring the profession into disrepute and discouraged members of the public from engaging in legitimate political debate.
Internet ‘meme’ at the heart of case
Shandro faces three misconduct citations under the Legal Profession Act related to incidents that occurred in February and March 2020.
In addition to confronting Zaidi, Shandro is accused of using Alberta Health Services records to access the private phone numbers of two physicians who were critical of him, as well as emailing — from his ministerial account — a member of the public who contacted Vital Partners, the health care brokerage Shandro owns with his wife.
During opening arguments, law society counsel Ken McEwan said the incidents took place against a backdrop of controversy following the Alberta government’s February 2020 decision to unilaterally end its 2012 master agreement with doctors , which governed pay schedules, codes and billing rules.
Around that time, observers began to comment on Shandro’s involvement with Vital Partners, which McEwan described as a brokerage that helps companies develop private health insurance benefit plans. McEwan said Andrea Shandro holds 50 per cent of the voting shares, with her husband controlling the remainder.
Related video: Alberta premier pressured justice minister's office on COVID charges: sources say (cbc.ca) Duration 3:59 View on Watch
Tyler Shandro’s shares in the business are believed to be held in a blind trust, McEwan said, but added the law society has not been provided evidence of this.
Zaidi, a family doctor of Pakistani origin, is active in politics and met Shandro in 2018. Zaidi sat on the board of the United Conservative Party’s Calgary West constituency association — near Shandro’s Calgary-Acadia constituency — and lived in the same neighbourhood as Shandro and his family. Zaidi said the interaction made him nervous given the way political activists are frequently treated in his home country.
Wearing a red tie with a stethoscope around his shoulders, Zaidi testified that many doctors were upset about the state of primary health care in early 2020. On March 21, 2020, — days after Alberta declared its COVID-19 public health emergency — Zaidi posted a meme on his social media pages which drew attention to what he described as a conflict of interest involving Vital Partners.
The meme includes a photo of Shandro with a cartoon thought bubble, “So every Albertan that I can kick off health care is another client we can sign up for Vital Partners! We’re going to be RICH!”
Dr. Mukarram Zaidi in his medical clinic in Calgary on Nov. 23, 2021.
Zaidi said he regularly takes strong political stances but was nonetheless “intimidated” when Shandro, his “ultimate boss,” showed up at his home. Zaidi said Andrea Shandro made a comment about how “he (Zaidi) doesn’t care about us, he just wants his money.” The encounter ended after Zaidi went inside and deleted the post, replacing it with a conciliatory message urging people not to threaten the minister and his family.
While claiming he wanted to keep the incident “low-key,” Zaidi discussed what happened a week later after being contacted by a CBC journalist. After the news broke, Premier Jason Kenney faced calls to remove Shandro as minister of health. Kenney resisted, framing the incident as someone defending a spouse who was “being attacked and even threatened and certainly defamed.”
Zaidi accused Kenney of vilifying him, saying he never attacked or threatened Andrea Shandro and that he received death threats in the wake of the premier’s comments.
During a cagey cross-examination, Stapon said Zaidi posted the meme to embarrass the government and potentially leverage fee negotiations. He accused Zaidi of leaking news of the incident to CBC through “buddies” connected to the Alberta Medical Association, and of posting the meme despite an email from the AMA president urging members not to “cyberbully” elected officials and their families.
At one point, Stapon accused the AMA of engaging in a “political advocacy program … to discredit Mr. Shandro by any means possible.”
Stapon further argued Shandro took no steps to “kick” anyone off health care, and noted that Vital Partners does not deal in primary care but rather third-party benefits like dental, glasses and massage. He also disputed that Tyler Shandro had been crying when Zaidi encountered him outside his home.
Zaidi bristled at the questions, saying they were repetitive and urging law society lawyers to intervene. He stood by his claims and said he was unaware of the AMA email regarding cyberbullying until after he posted the meme.
Minister made sexual harassment claim against medical association official: doctor
The tribunal also heard from Dr. Lauralee Dukeshire, a family doctor who relocated to Nanaimo, B.C., from Red Deer in 2021.
Dukeshire confronted Shandro and Kenney at a February 2020 funding announcement at Red Deer Regional Hospital, a few days after the province ended its agreement with the AMA. She accused the politicians of refusing to sit down with doctors and called Shandro a “liar and a cheat” as he left the hospital in an elevator.
The next day, Dukeshire received a voicemail from Shandro offering to speak with her. She said she never asked to be contacted and was concerned about how Shandro got her private, unlisted number.
After consulting with the AMA, however, Dukeshire called Shandro back. She said he was initially friendly but became “defensive” when pushed on the AMA agreement.
She said at one point, Shandro claimed an official at AMA, who he named but she did not identify, “had sexually harassed his staff.” Stapon said Shandro was “surprised” to hear the claim because he had only male staff members.
Shandro’s hearing is scheduled to run through Thursday.
Minister Tyler Shandro tells hearing his family was the target of threats, harassment
Story by Paige Parsons •
Alberta's Minister of Justice Tyler Shandro told a hearing Wednesday that a tidal wave of harassment and threats against him and his family were "perpetuated" by members of the Alberta Medical Association.
Justice Minister Tyler Shandro is testifying at a Law Society of Alberta hearing in Edmonton. He faces three complaints of unprofessional conduct.© Mike Symington/CBC
The minister is in the midst of a conduct hearing before the Law Society of Alberta, where he faces three complaints of unprofessional conduct that date back to his dealings with doctors and a member of the public as health minister in 2020.
Tyler Shandro was called as his own witness and spent Wednesday afternoon being questioned by his lawyer Grant Stapon.
He said beginning in the fall of 2019 through spring 2020, decisions he'd made as health minister — such as changing drug coverage and ending a physician compensation agreement with the Alberta Medical Association (AMA) — were causing increased anxiety.
Threats escalate
He said his security advisor compiled between 900 and 1,000 pages of threats of violence, death and otherwise.
In spring 2020, he said threats directed at his wife Andrea Shandro began to flood in, including threats of physical and sexual violence.
At the time, Andrea Shandro's operation of Calgary company Vital Partners had become the subject of public scrutiny.
Among other services, Vital Partners brokers supplementary health insurance, including for some coverage delisted through legislative changes advanced by Shandro.
Ethics commissioner Marguerite Trussler had said Shandro was not in a conflict of interest because he had transferred his shares in the company to a blind trust.
Testifying Wednesday, Shandro described the suggestion there was a conflict of interest as a "conspiracy theory."
He said the threats against his wife were causing a great amount of distress, and that at one point a man showed up at her office and told people he planned to attack her.
It is in this context, the minister said, that his wife received a message from Janice Fraser on March 20, 2020.
Tyler Shandro's response to Fraser is one of the three allegations of unprofessional conduct he faces.
Earlier on Wednesday, Fraser told the hearing she was familiar with his work as a lawyer.
She was once a supporter of Shandro but had lost confidence in him.
Lost respect
Lost respect
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Fraser, who said she has worked in constituency offices and who has had involvement with various political parties including the United Conservative Party, the Progressive Conservatives, the Liberals and Green parties, got involved in supporting Tyler Shandro's nomination for the UCP in Calgary-Acadia.
"He was genuinely concerned about fairness," she said.
But Fraser said she believed, despite Trussler's ruling, that the Shandros' involvement in politics and ownership stake in Vital Partners was a conflict of interest.
She said she visited the company's website, and sent a message to Andrea Shandro through a feedback form, writing that she'd lost respect for her husband and that all Albertans would consider it a conflict of interest.
"We will not forget!" she wrote before signing off. She told the hearing she was referring to not forgetting when the next election came around.
Power imbalance
Fraser said within an hour, she received a response from Tyler Shandro in which he accused her of sending a threatening email and told her to direct any further messages to him.
"Email her again and it will be referred to protective services," he said.
Fraser said she believed the minister meant he would contact the police, and said it triggered her PTSD and that she was "petrified."
"There was an imbalance of power between myself and a minister," she said.
She said she felt like she needed to do something to respond as a measure of self-protection, so she replied to Shandro, looping in media, police, various politicians and others.
"If I had been actually threatening, [then] protocol would determine that this should go to the Alberta sergeant-at-arms for review and they should be contacting me, neither of you should be!" Fraser wrote.
"However, your response to me is more than threatening and I will be providing this to the appropriate authorities as per this email."
She added that the incident made her lose confidence in the justice system and in Shandro specifically.
"I think it's important that people realize I would never hire Tyler Shandro as a lawyer again, or have him represent me," she said.
Engaging with affected parties
During his testimony Wednesday, the minister said his wife had noticed Fraser's message because she said she knew him.
He said Fraser could have contacted him, and that he found her message "inherently threatening."
"I think she knew going to Andrea . . . would be interpreted as threatening to our family," he said.
The minister said he believes that his response to her was appropriate and told his lawyer he doesn't think he did anything wrong.
Shandro also answered questions about another of the complaints — that he'd called two central Alberta doctors on their personal cell phones after-hours. He said he didn't know the numbers were private and that he was under the impression that they wanted to speak with him.
"I think politicians are expected to engage people affected by government policy," Shandro said.
Both of those physicians, and a third doctor who says he was intimidated when Shandro showed up at his home to confront him about a meme, testified at the hearing on Tuesday.
The hearing will continue Thursday, when Shandro is expected to continue testifying. His wife is also expected to be called as a witness.
Shandro begins testimony in law society hearing; Calgary woman says she was 'petrified' when health minister responded to criticism of wife's company
What was happening at that table, however, was remarkable, and likely without precedent — a sitting Alberta justice minister, answering questions about whether his behaviour brought the legal profession into disrepute.
Tyler Shandro began testimony Wednesday afternoon in his Law Society of Alberta tribunal hearing .
Shandro, who is currently serving as minister of justice, is accused of breaching the society’s code of conduct by contacting doctors and other members of the public in February and March 2020, when he was minister of health.
The incidents occurred around the time the Government of Alberta made the controversial decision to end its 2012 agreement with the Alberta Medical Association (AMA).
Shandro described what he called an “extreme” response from the AMA to the move. He said the AMA’s advocacy at times “became very personal” and led him to take action, both to engage with upset doctors and protect his family from what he considered a campaign of harassment.
During direct examination by lawyer Grant Stapon, Shandro said one board member of the AMA “had created the idea that I had killed a physician.”
“Had killed a physician, you personally?” Stapon replied.
Shandro added there were 1,000 pages of threats against himself and his family in his security adviser’s file, describing one incident in which a man allegedly visited his wife’s office and threatened to attack her.
Minister responded to comment on wife’s company website
The actions under scrutiny include Shandro’s decision to confront Dr. Mukarram Zaidi outside his home over a social media post, reaching out to two Red Deer doctors on their private cellphones, and contacting a member of the public who emailed his wife to criticize what she believed to be a conflict of interest
Janice Fraser testified Wednesday she was concerned about Vital Partners Inc., a third-party health-care benefits brokerage co-founded by Andrea Shandro.
On March 20, 2020 — days after Alberta declared its COVID state of public health emergency — Fraser used a comment form on the Vital Partners website to contact the company.
“Dear Andrea,” she wrote. “You and your husband Tyler Shandro (who I used to have a tremendous amount of personal and professional respect for up until 2020) are considered to be in a conflict of interest by Albertans. We will not forget! Sincerely Janice Fraser.”
Tyler Shandro soon responded from his government email address.
“Janice,” he wrote. “Sending threatening emails to my wife is completely inappropriate and must stop. If you want to believe lies about her on social media, that’s up to you. But you can send your threatening emails to this office and this office only. Email her again and it will be referred to protective services.”
Fraser said she was “petrified” by the “threat” to call protective services because she has PTSD related to previous dealings with the justice system as a victim. She previously worked in constituency offices and has held memberships in parties including the Liberals, the Greens, the Progressive Conservatives and the UCP. Prior to the 2020 email, she respected Shandro from his time on the Criminal Injuries Review Board, and for his pro-bono work related to the Calgary ring road.
At that time, however, she was frightened and decided to go to the media to protect herself.
“I’m just a nobody really, but the minister of health had time, within an hour, to respond to me, in a pandemic,” Fraser said. “It was pretty scary.”
‘I wasn’t harassing’
Alberta’s ethics commissioner previously said Shandro’s involvement in Vital Partners did not require an investigation because his shares are in a blind trust.
Andrea Shandro later responded to Fraser to explain Vital Partners’ role in the health-care system, but concluded by accusing her of spreading “misinformation” that had resulted “in hundreds of death threats to me, my employees, my children and my husband.”
Tyler Shandro later addressed his interactions with the public in a tweet, saying he was “first and foremost a father and husband” protecting his family.
Fraser said she was taken aback by the response.
“I wasn’t harassing,” she said. “I sent a comment on a public website that invited comments. I take quite deep offence to the association of my comment with death threats.”
Fraser said her interactions with Shandro undermined her confidence in both him as a lawyer and in the legal system as a whole.
“I would never hire Tyler Shandro as a lawyer again or have him represent me in any way,” she said. “He has displayed a complete incapacity to separate personal, legal professionalism, and politics.”
During cross-examination by Shandro’s lawyer Stapon, Fraser pushed back on the suggestion that the “we will not forget” was anything other than a reference to the upcoming provincial election.
“You’d agree ‘we will not forget’ is ambiguous?” Stapon asked. “It could have a number of meanings?”
“None of them threatening,” she replied.
Fraser added that in her view, Shandro’s response to her message confirmed her suspicions about the alleged conflict of interest.
The tribunal also heard testimony from Victoria Lane, Alberta Health Service’s chief privacy officer, who then-CEO Verna Yiu tasked with determining whether AHS breached privacy laws when it provided Shandro with the personal phone numbers of Red Deer physicians Dr. John Julyan-Gudgeon and Dr. Lauralee Dukeshire.
Lane said AHS should not have provided the numbers, which came after Shandro asked AHS vice-president communications Colleen Turner for help identifying two people who confronted him at a funding announcement at Red Deer Regional Hospital.
Lane said AHS should have sought the doctors’ permission to share their contact information or provided publicly available details. “That was a failing as an organization,” she said.
She also revealed Ivan Bernardo, Shandro’s personal legal counsel at the time, had contacted her asking for the numbers to review her findings. Lane refused.
During cross examination, Stapon noted that AHS, not Shandro, was responsible for any privacy breach, suggesting he was simply being an attentive elected official reaching out to individuals who raised concerns.
Shandro’s testimony is expected to continue Thursday.
jwakefield@postmedia.com
twitter.com/jonnywakefield
As settings go, it was unremarkable — a cluttered conference table in an otherwise nondescript Alberta law office.
Tyler Shandro at the McDougall Centre in Calgary on Feb. 20, 2020,
Tyler Shandro at the McDougall Centre in Calgary on Feb. 20, 2020,
when he was health minister.
Story by Jonny Wakefield • Edmonton Journal
What was happening at that table, however, was remarkable, and likely without precedent — a sitting Alberta justice minister, answering questions about whether his behaviour brought the legal profession into disrepute.
Tyler Shandro began testimony Wednesday afternoon in his Law Society of Alberta tribunal hearing .
Shandro, who is currently serving as minister of justice, is accused of breaching the society’s code of conduct by contacting doctors and other members of the public in February and March 2020, when he was minister of health.
The incidents occurred around the time the Government of Alberta made the controversial decision to end its 2012 agreement with the Alberta Medical Association (AMA).
Shandro described what he called an “extreme” response from the AMA to the move. He said the AMA’s advocacy at times “became very personal” and led him to take action, both to engage with upset doctors and protect his family from what he considered a campaign of harassment.
During direct examination by lawyer Grant Stapon, Shandro said one board member of the AMA “had created the idea that I had killed a physician.”
“Had killed a physician, you personally?” Stapon replied.
Shandro added there were 1,000 pages of threats against himself and his family in his security adviser’s file, describing one incident in which a man allegedly visited his wife’s office and threatened to attack her.
Minister responded to comment on wife’s company website
The actions under scrutiny include Shandro’s decision to confront Dr. Mukarram Zaidi outside his home over a social media post, reaching out to two Red Deer doctors on their private cellphones, and contacting a member of the public who emailed his wife to criticize what she believed to be a conflict of interest
Janice Fraser testified Wednesday she was concerned about Vital Partners Inc., a third-party health-care benefits brokerage co-founded by Andrea Shandro.
On March 20, 2020 — days after Alberta declared its COVID state of public health emergency — Fraser used a comment form on the Vital Partners website to contact the company.
“Dear Andrea,” she wrote. “You and your husband Tyler Shandro (who I used to have a tremendous amount of personal and professional respect for up until 2020) are considered to be in a conflict of interest by Albertans. We will not forget! Sincerely Janice Fraser.”
Tyler Shandro soon responded from his government email address.
“Janice,” he wrote. “Sending threatening emails to my wife is completely inappropriate and must stop. If you want to believe lies about her on social media, that’s up to you. But you can send your threatening emails to this office and this office only. Email her again and it will be referred to protective services.”
Fraser said she was “petrified” by the “threat” to call protective services because she has PTSD related to previous dealings with the justice system as a victim. She previously worked in constituency offices and has held memberships in parties including the Liberals, the Greens, the Progressive Conservatives and the UCP. Prior to the 2020 email, she respected Shandro from his time on the Criminal Injuries Review Board, and for his pro-bono work related to the Calgary ring road.
At that time, however, she was frightened and decided to go to the media to protect herself.
“I’m just a nobody really, but the minister of health had time, within an hour, to respond to me, in a pandemic,” Fraser said. “It was pretty scary.”
‘I wasn’t harassing’
Alberta’s ethics commissioner previously said Shandro’s involvement in Vital Partners did not require an investigation because his shares are in a blind trust.
Andrea Shandro later responded to Fraser to explain Vital Partners’ role in the health-care system, but concluded by accusing her of spreading “misinformation” that had resulted “in hundreds of death threats to me, my employees, my children and my husband.”
Tyler Shandro later addressed his interactions with the public in a tweet, saying he was “first and foremost a father and husband” protecting his family.
Fraser said she was taken aback by the response.
“I wasn’t harassing,” she said. “I sent a comment on a public website that invited comments. I take quite deep offence to the association of my comment with death threats.”
Fraser said her interactions with Shandro undermined her confidence in both him as a lawyer and in the legal system as a whole.
“I would never hire Tyler Shandro as a lawyer again or have him represent me in any way,” she said. “He has displayed a complete incapacity to separate personal, legal professionalism, and politics.”
During cross-examination by Shandro’s lawyer Stapon, Fraser pushed back on the suggestion that the “we will not forget” was anything other than a reference to the upcoming provincial election.
“You’d agree ‘we will not forget’ is ambiguous?” Stapon asked. “It could have a number of meanings?”
“None of them threatening,” she replied.
Fraser added that in her view, Shandro’s response to her message confirmed her suspicions about the alleged conflict of interest.
The tribunal also heard testimony from Victoria Lane, Alberta Health Service’s chief privacy officer, who then-CEO Verna Yiu tasked with determining whether AHS breached privacy laws when it provided Shandro with the personal phone numbers of Red Deer physicians Dr. John Julyan-Gudgeon and Dr. Lauralee Dukeshire.
Lane said AHS should not have provided the numbers, which came after Shandro asked AHS vice-president communications Colleen Turner for help identifying two people who confronted him at a funding announcement at Red Deer Regional Hospital.
Lane said AHS should have sought the doctors’ permission to share their contact information or provided publicly available details. “That was a failing as an organization,” she said.
She also revealed Ivan Bernardo, Shandro’s personal legal counsel at the time, had contacted her asking for the numbers to review her findings. Lane refused.
During cross examination, Stapon noted that AHS, not Shandro, was responsible for any privacy breach, suggesting he was simply being an attentive elected official reaching out to individuals who raised concerns.
Shandro’s testimony is expected to continue Thursday.
jwakefield@postmedia.com
twitter.com/jonnywakefield
Premier pressured justice minister's office to get rid of COVID charges, sources say
Wed, January 25, 2023
Alberta Premier Danielle Smith looks on as Justice Minister Tyler Shandro talks during a November announcement. Smith's contact with his office over COVID-related court cases has been called inappropriate by sources familiar with the matters.
"All communications between the Premier, her staff, the Minister of Justice and Ministry of Justice public servants have been appropriate and made through the proper channels."
In a subsequent statement Wednesday afternoon, Smith called for CBC to retract its story from last week in which sources said the premier's office had emailed Crown prosecutors about Coutts-related cases. She called that story "outrageous" and "defamatory," adding that CBC had not seen the emails in question.
Smith has said publicly she asked the attorney general and his deputy minister to consider whether COVID-related cases were in the public interest to pursue and whether there was a reasonable chance of conviction before proceeding.
However, sources confirmed some of these conversations went beyond those considerations and veered into pressure.
"They're constantly pushing," a source said, adding that the minister's office has been resisting.
"I would interpret that as pressure."
The justice minister's office denies the premier issued direction.
"While Premier Smith requested briefings and they were provided, at no point in time was there any direction provided to the Attorney General by the Premier or her office. The Alberta Crown Prosecution Service acts independently and at no time has any political decision affected ongoing prosecutions," Ethan Lecavalier-Kidney, the minister's press secretary, said in a statement.
Relationship under scrutiny
The relationship between the minister's office and the premier's office over the approach to COVID-related court cases has been subject of recent public scrutiny.
An interview between Ezra Levant, who runs the right-wing media company Rebel News, and Pawlowski suggests there were efforts behind the scenes to get the government to help make the pastor's charges disappear.
Last December, on the morning of what was supposed to be his trial on offences connected to breaching public health orders in Calgary, Pawlowski's charges were stayed.
"Do you think someone called [the prosecutor] off? Do you think some big boss phoned her up that morning and said 'Hey prosecutor, you're throwing in the towel'?" Levant asked Pawlowski in an interview posted to Rebel's website on Dec. 20.
Pawlowski — who goes to trial on the Coutts-related charges next Thursday — responded.
"We have been working in the background on the political level, trying to talk to the UCP government to call their dogs off because this is pure vendetta," he told Levant.
"Maybe someone smarter than the Minister Shandro said 'Hey, this is not in our interest to wage the war against the ministers and pastors.'"
Artur Pawlowski/Facebook
Pawlowski's lawyers declined to comment on Wednesday.
"As this is a live situation that could conceivably impact trial next week, we are not in a position to comment on this situation right now," said Sarah Miller in an email to CBC News.
Levant has been instrumental in fundraising for Pawlowski's legal fees and publicly campaigning to get the pastor's Coutts-related charges dropped ahead of his Feb. 2 trial.
Smith herself was on the receiving end of a pressure campaign involving Levant earlier in the fall.
In October, following an in-person meeting, Levant advocated for the premier to drop COVID-related charges. He outlined what he thought she should do in a lengthy email to Smith's office. Levant confirmed the contents of the email and the meeting with the premier.
"The Premier was interested in any information that I could provide her about the situation on the ground and the mechanisms available to her to provide leadership on these issues," reads part of the email, obtained by CBC News.
It argued why some charges should be stayed or withdrawn and why the attorney general should intervene — specifically mentioning Pawlowski in the correspondence. CBC News learned the email was then forwarded from the premier's office to Shandro's office.
REBEL MEDIA'S EZRA LEVANT
"I expect that with the proper guidance and direction from the Premier's office, the prosecutions related to the Coutts protest (the non-violent cases, without firearms), other anti-lockdown protests, or offences under the Public Health Act … can all be withdrawn, stayed or otherwise discontinued," it reads.
In response to a request for comment Wednesday, Levant posted the letter on his website.
"I'm very proud of that letter, and I stand by every word of it," said Levant.
He said he has been public in his calls for pressure to be put on the attorney general to withdraw charges connected to the pandemic.
"I have no idea what Smith did or didn't do with the letter I wrote to her."
CBC News recently reported, based on sources, that a staff member in the premier's office had emailed Crown prosecutors several times last fall about ongoing cases related to Coutts border blockade charges. CBC News has not viewed those emails.
The premier said she had no knowledge of the matters and launched an email search, which her office said yielded no evidence of email contact.
The government later added that deleted emails would only be retained for 30 days, which would reach back to Dec. 22.
Two weeks ago, Smith backed down from a promise to seek official pardons for COVID-19 health violators, saying premiers don't have that power.
The premier spent several days clarifying conflicting comments on her contact with Crown prosecutors about these cases. She initially stated she had talked directly to prosecutors before then saying she had only spoken with her justice minister.
Smith said she wanted prosecutors to consider the reasonable likelihood of conviction and public interest but also that COVID charges are unique.
Wed, January 25, 2023
Alberta Premier Danielle Smith looks on as Justice Minister Tyler Shandro talks during a November announcement. Smith's contact with his office over COVID-related court cases has been called inappropriate by sources familiar with the matters.
(Jason Franson/The Canadian Press - image credit)
Alberta Premier Danielle Smith pressured the attorney general and his office to intervene in COVID-related court cases, according to multiple sources familiar with the interactions.
Exchanges between the premier's office and Justice Minister Tyler Shandro's office over several months included what sources characterized as attempts to influence cases.
"I would classify it as inappropriate," one source close to the situation said. CBC News has agreed not to name them because of potential professional repercussions.
Smith would ask for updates on cases or inquire whether it would be possible to abandon them, they said.
This specifically included the prosecution of Artur Pawlowski, a pastor charged with two counts of criminal mischief and a charge under Alberta's Critical Infrastructure Defence Act related to the Coutts border blockade.
Another source with knowledge of the situation confirmed Smith committed to taking that case to Shandro with the intent to make the charges go away.
CBC News has agreed not to name the sources, as they were not authorized to discuss these matters and out of concern they could lose their jobs.
Communications appropriate: premier's office
The premier's office says Smith's public statements explained her exploration of legal options to grant amnesty for pandemic charges.
"After taking office, the Premier and her staff had several discussions with the Minister of Justice and Justice department public servants, requesting an explanation of what policy options were available for this purpose. After receiving detailed legal advice and recommendations from the Minister not to proceed with pursuing options for granting amnesty, the Premier followed that legal advice," the premier's office said in a statement.
Alberta Premier Danielle Smith pressured the attorney general and his office to intervene in COVID-related court cases, according to multiple sources familiar with the interactions.
Exchanges between the premier's office and Justice Minister Tyler Shandro's office over several months included what sources characterized as attempts to influence cases.
"I would classify it as inappropriate," one source close to the situation said. CBC News has agreed not to name them because of potential professional repercussions.
Smith would ask for updates on cases or inquire whether it would be possible to abandon them, they said.
This specifically included the prosecution of Artur Pawlowski, a pastor charged with two counts of criminal mischief and a charge under Alberta's Critical Infrastructure Defence Act related to the Coutts border blockade.
Another source with knowledge of the situation confirmed Smith committed to taking that case to Shandro with the intent to make the charges go away.
CBC News has agreed not to name the sources, as they were not authorized to discuss these matters and out of concern they could lose their jobs.
Communications appropriate: premier's office
The premier's office says Smith's public statements explained her exploration of legal options to grant amnesty for pandemic charges.
"After taking office, the Premier and her staff had several discussions with the Minister of Justice and Justice department public servants, requesting an explanation of what policy options were available for this purpose. After receiving detailed legal advice and recommendations from the Minister not to proceed with pursuing options for granting amnesty, the Premier followed that legal advice," the premier's office said in a statement.
"All communications between the Premier, her staff, the Minister of Justice and Ministry of Justice public servants have been appropriate and made through the proper channels."
In a subsequent statement Wednesday afternoon, Smith called for CBC to retract its story from last week in which sources said the premier's office had emailed Crown prosecutors about Coutts-related cases. She called that story "outrageous" and "defamatory," adding that CBC had not seen the emails in question.
Smith has said publicly she asked the attorney general and his deputy minister to consider whether COVID-related cases were in the public interest to pursue and whether there was a reasonable chance of conviction before proceeding.
However, sources confirmed some of these conversations went beyond those considerations and veered into pressure.
"They're constantly pushing," a source said, adding that the minister's office has been resisting.
"I would interpret that as pressure."
The justice minister's office denies the premier issued direction.
"While Premier Smith requested briefings and they were provided, at no point in time was there any direction provided to the Attorney General by the Premier or her office. The Alberta Crown Prosecution Service acts independently and at no time has any political decision affected ongoing prosecutions," Ethan Lecavalier-Kidney, the minister's press secretary, said in a statement.
Relationship under scrutiny
The relationship between the minister's office and the premier's office over the approach to COVID-related court cases has been subject of recent public scrutiny.
An interview between Ezra Levant, who runs the right-wing media company Rebel News, and Pawlowski suggests there were efforts behind the scenes to get the government to help make the pastor's charges disappear.
Last December, on the morning of what was supposed to be his trial on offences connected to breaching public health orders in Calgary, Pawlowski's charges were stayed.
"Do you think someone called [the prosecutor] off? Do you think some big boss phoned her up that morning and said 'Hey prosecutor, you're throwing in the towel'?" Levant asked Pawlowski in an interview posted to Rebel's website on Dec. 20.
Pawlowski — who goes to trial on the Coutts-related charges next Thursday — responded.
"We have been working in the background on the political level, trying to talk to the UCP government to call their dogs off because this is pure vendetta," he told Levant.
"Maybe someone smarter than the Minister Shandro said 'Hey, this is not in our interest to wage the war against the ministers and pastors.'"
Artur Pawlowski/Facebook
Pawlowski's lawyers declined to comment on Wednesday.
"As this is a live situation that could conceivably impact trial next week, we are not in a position to comment on this situation right now," said Sarah Miller in an email to CBC News.
Levant has been instrumental in fundraising for Pawlowski's legal fees and publicly campaigning to get the pastor's Coutts-related charges dropped ahead of his Feb. 2 trial.
Smith herself was on the receiving end of a pressure campaign involving Levant earlier in the fall.
In October, following an in-person meeting, Levant advocated for the premier to drop COVID-related charges. He outlined what he thought she should do in a lengthy email to Smith's office. Levant confirmed the contents of the email and the meeting with the premier.
"The Premier was interested in any information that I could provide her about the situation on the ground and the mechanisms available to her to provide leadership on these issues," reads part of the email, obtained by CBC News.
It argued why some charges should be stayed or withdrawn and why the attorney general should intervene — specifically mentioning Pawlowski in the correspondence. CBC News learned the email was then forwarded from the premier's office to Shandro's office.
REBEL MEDIA'S EZRA LEVANT
"I expect that with the proper guidance and direction from the Premier's office, the prosecutions related to the Coutts protest (the non-violent cases, without firearms), other anti-lockdown protests, or offences under the Public Health Act … can all be withdrawn, stayed or otherwise discontinued," it reads.
In response to a request for comment Wednesday, Levant posted the letter on his website.
"I'm very proud of that letter, and I stand by every word of it," said Levant.
He said he has been public in his calls for pressure to be put on the attorney general to withdraw charges connected to the pandemic.
"I have no idea what Smith did or didn't do with the letter I wrote to her."
CBC News recently reported, based on sources, that a staff member in the premier's office had emailed Crown prosecutors several times last fall about ongoing cases related to Coutts border blockade charges. CBC News has not viewed those emails.
The premier said she had no knowledge of the matters and launched an email search, which her office said yielded no evidence of email contact.
The government later added that deleted emails would only be retained for 30 days, which would reach back to Dec. 22.
Two weeks ago, Smith backed down from a promise to seek official pardons for COVID-19 health violators, saying premiers don't have that power.
The premier spent several days clarifying conflicting comments on her contact with Crown prosecutors about these cases. She initially stated she had talked directly to prosecutors before then saying she had only spoken with her justice minister.
Smith said she wanted prosecutors to consider the reasonable likelihood of conviction and public interest but also that COVID charges are unique.
Premier's office calls for apology, retraction of CBC story alleging contact with Crown prosecutors
Story by Matthew Black , Lisa Johnson • Edmonton Journal
Premier Danielle Smith
Alberta Premier Danielle Smith is calling on CBC News to retract and apologize for a story that cites unnamed sources alleging her office emailed Crown prosecutors regarding the handling of cases tied to last year’s Coutts border blockade.
In a statement Wednesday, Smith’s office referred to CBC’s reporting in a story published Jan. 19 as “defamatory” and containing “baseless allegations.”
“The premier calls on the CBC to retract its outrageous story, and further, that the CBC and the Official Opposition apologize to the premier, premier’s office staff, Alberta Crown prosecutors and those in the Alberta public service for the damage caused to their reputations and that of Alberta’s justice system,” the statement reads.
Smith goes on to note the CBC has amended its story to clarify that it had not seen any emails between her office and prosecutors.
“The CBC’s allegations and insinuations to the contrary are, once again, baseless.”
According to its journalistic standards and practices , CBC’s stories are required to be based on “information we have verified” and use “first-hand, identifiable sources” whenever possible while acknowledging the need for anonymity in some cases.
“If we do not properly protect our confidential sources, potential sources will not trust us. This compromises our ability to expose abuses of power.”
Chuck Thompson, head of public affairs for CBC, said that the organization stands by its reporting, saying the allegations are attributed to “trusted sources.”
“As is our practice, we gave the premier and her office an opportunity to react and we included that response prominently in the story.”
Earlier Wednesday, CBC reported in another story that the premier pressured the province’s attorney general and his office to intervene in court cases related to COVID-19 and public health measures, citing multiple unnamed sources.
The latest report claims the cases included that of Artur Pawlowski, a pastor charged with criminal offences and violations under the Public Health Act.
In its statement, the premier’s office references her prior stated intent of seeking amnesty for those charged with non-violent, non-firearms offences related to the pandemic.
It further claims that Smith and her staff had “several discussions” with Justice Minister Tyler Shandro and ministry officials “requesting an explanation of what policy options were available for this purpose.”
“After receiving a detailed legal opinion from the minister to not proceed with pursuing options for granting amnesty, the premier followed that legal advice. All communications between the premier, her staff, the minister of justice and Ministry of Justice public servants have been appropriate and made through the proper channels,” it states.
IT review found no evidence of emails
The latest report follows the release of what Alberta Justice referred to as a “comprehensive” review of almost one million incoming, outgoing and deleted emails from approximately 900 government email accounts belonging to prosecutors, their staff and staff from the premier’s office.
The review found no emails between the premier’s office and what the government described as “relevant” prosecutors.
The department noted that it has “no ability” to search personal email accounts, although any message sent from a personal email to a government address would have been captured in the search.
While the government’s Monday news release said the review covered four months’ worth of emails, CBC’s latest report said the government later added that deleted emails would only be retained for 30 days, which would reach back to Dec. 22.
Smith has changed her story regarding interactions with prosecutors over the past weeks.
Late last year, Smith said she asks provincial Crown prosecutors on a regular basis to consider whether such charges are in the public interest and whether they are likely to see a conviction.
But, her office walked that claim back soon after, claiming Smith had only spoken with Shandro and deputy attorney general Frank Bosscha, asking them to examine their options on outstanding COVID-related cases.
During a prior radio broadcast, Smith went beyond that, saying she urged Shandro and his deputy attorney general to consider whether the cases were in the public interest and whether there was a reasonable chance of conviction before proceeding.
Smith’s shifting stories raise concerns: NDP
New Democrat MLA Rakhi Pancholi renewed the Opposition’s calls Wednesday for a full, independent investigation by a third party and for the premier to take questions from reporters in person.
Pancholi said too many questions about the premier’s conduct and the government’s IT review of emails remain unanswered.
“This is an unmitigated mess from the premier, and what she’s doing is continuing the chaos and undermining Albertans’ trust and confidence in the administration of justice,” said Pancholi.
In response to the premier’s suggestion the Official Opposition is using the CBC story to smear the reputations of the premier, her office staff, Crown prosecutors and the public service, Pancholi pointed to Smith’s own statements.
“It is the premier herself who has stated multiple times on the record that she has contacted prosecutors and the attorney general related to cases that are before the courts or that are currently being charged,” she said, adding individuals who claim to have knowledge of interference should be able to give evidence, and should not be forced to speak anonymously to media outlets and fear retaliation.
mblack@postmedia.com
lijohnson@postmedia.com
Story by Matthew Black , Lisa Johnson • Edmonton Journal
Premier Danielle Smith
Alberta Premier Danielle Smith is calling on CBC News to retract and apologize for a story that cites unnamed sources alleging her office emailed Crown prosecutors regarding the handling of cases tied to last year’s Coutts border blockade.
In a statement Wednesday, Smith’s office referred to CBC’s reporting in a story published Jan. 19 as “defamatory” and containing “baseless allegations.”
“The premier calls on the CBC to retract its outrageous story, and further, that the CBC and the Official Opposition apologize to the premier, premier’s office staff, Alberta Crown prosecutors and those in the Alberta public service for the damage caused to their reputations and that of Alberta’s justice system,” the statement reads.
Smith goes on to note the CBC has amended its story to clarify that it had not seen any emails between her office and prosecutors.
“The CBC’s allegations and insinuations to the contrary are, once again, baseless.”
According to its journalistic standards and practices , CBC’s stories are required to be based on “information we have verified” and use “first-hand, identifiable sources” whenever possible while acknowledging the need for anonymity in some cases.
“If we do not properly protect our confidential sources, potential sources will not trust us. This compromises our ability to expose abuses of power.”
Chuck Thompson, head of public affairs for CBC, said that the organization stands by its reporting, saying the allegations are attributed to “trusted sources.”
“As is our practice, we gave the premier and her office an opportunity to react and we included that response prominently in the story.”
Earlier Wednesday, CBC reported in another story that the premier pressured the province’s attorney general and his office to intervene in court cases related to COVID-19 and public health measures, citing multiple unnamed sources.
The latest report claims the cases included that of Artur Pawlowski, a pastor charged with criminal offences and violations under the Public Health Act.
In its statement, the premier’s office references her prior stated intent of seeking amnesty for those charged with non-violent, non-firearms offences related to the pandemic.
It further claims that Smith and her staff had “several discussions” with Justice Minister Tyler Shandro and ministry officials “requesting an explanation of what policy options were available for this purpose.”
“After receiving a detailed legal opinion from the minister to not proceed with pursuing options for granting amnesty, the premier followed that legal advice. All communications between the premier, her staff, the minister of justice and Ministry of Justice public servants have been appropriate and made through the proper channels,” it states.
IT review found no evidence of emails
The latest report follows the release of what Alberta Justice referred to as a “comprehensive” review of almost one million incoming, outgoing and deleted emails from approximately 900 government email accounts belonging to prosecutors, their staff and staff from the premier’s office.
The review found no emails between the premier’s office and what the government described as “relevant” prosecutors.
The department noted that it has “no ability” to search personal email accounts, although any message sent from a personal email to a government address would have been captured in the search.
While the government’s Monday news release said the review covered four months’ worth of emails, CBC’s latest report said the government later added that deleted emails would only be retained for 30 days, which would reach back to Dec. 22.
Smith has changed her story regarding interactions with prosecutors over the past weeks.
Late last year, Smith said she asks provincial Crown prosecutors on a regular basis to consider whether such charges are in the public interest and whether they are likely to see a conviction.
But, her office walked that claim back soon after, claiming Smith had only spoken with Shandro and deputy attorney general Frank Bosscha, asking them to examine their options on outstanding COVID-related cases.
During a prior radio broadcast, Smith went beyond that, saying she urged Shandro and his deputy attorney general to consider whether the cases were in the public interest and whether there was a reasonable chance of conviction before proceeding.
Smith’s shifting stories raise concerns: NDP
New Democrat MLA Rakhi Pancholi renewed the Opposition’s calls Wednesday for a full, independent investigation by a third party and for the premier to take questions from reporters in person.
Pancholi said too many questions about the premier’s conduct and the government’s IT review of emails remain unanswered.
“This is an unmitigated mess from the premier, and what she’s doing is continuing the chaos and undermining Albertans’ trust and confidence in the administration of justice,” said Pancholi.
In response to the premier’s suggestion the Official Opposition is using the CBC story to smear the reputations of the premier, her office staff, Crown prosecutors and the public service, Pancholi pointed to Smith’s own statements.
“It is the premier herself who has stated multiple times on the record that she has contacted prosecutors and the attorney general related to cases that are before the courts or that are currently being charged,” she said, adding individuals who claim to have knowledge of interference should be able to give evidence, and should not be forced to speak anonymously to media outlets and fear retaliation.
mblack@postmedia.com
lijohnson@postmedia.com
Edmonton Journal
Wednesday's letters: Smith started interference controversy herself
Does our premier have no shame? How many times do Albertans have to be confronted yet again with the premier backing down and/or clarifying positions she has personally trumpeted because of the controversy unleashed due to their thoughtlessness, personal bias or perceived political interference?
Alberta Premier Danielle Smith speaks with media at McDougall Centre in Calgary on Tuesday, January 10, 2023.
The recent controversy over potential interference with prosecutorial processes was brought on by no one else than by the premier herself. Subsequent discourse had been maneuvered to look for possible emails to capture the culpable. Yet much overlooked in this drama is the common practice within government, especially when dealing with sensitive issues, to use phone calls or side conversations to deal with sticky business — no paper, no emails, no recordings.
These conversations in provincial government are not recorded, so public accountability is easily deniable. The premier uttered the words that sparked the controversy. Was she so full of herself and so keen with bravado that she states unequivocally her acting at a time when action was called for, only to renege when confronted with the consequences for taking ownership for such personal attribution? I am tired of being taken for a naïve Albertan.
Ken Crutchfield, St. Albert
Wednesday's letters: Smith started interference controversy herself
Does our premier have no shame? How many times do Albertans have to be confronted yet again with the premier backing down and/or clarifying positions she has personally trumpeted because of the controversy unleashed due to their thoughtlessness, personal bias or perceived political interference?
Alberta Premier Danielle Smith speaks with media at McDougall Centre in Calgary on Tuesday, January 10, 2023.
The recent controversy over potential interference with prosecutorial processes was brought on by no one else than by the premier herself. Subsequent discourse had been maneuvered to look for possible emails to capture the culpable. Yet much overlooked in this drama is the common practice within government, especially when dealing with sensitive issues, to use phone calls or side conversations to deal with sticky business — no paper, no emails, no recordings.
These conversations in provincial government are not recorded, so public accountability is easily deniable. The premier uttered the words that sparked the controversy. Was she so full of herself and so keen with bravado that she states unequivocally her acting at a time when action was called for, only to renege when confronted with the consequences for taking ownership for such personal attribution? I am tired of being taken for a naïve Albertan.
Ken Crutchfield, St. Albert
