Artur Pawlowski speaks outside of the courthouse in Lethbridge, Alta. on May 2, after he was found guilty on charges related to the 2022 protest blockade at the Coutts border crossing.Ian Martens/The Globe and Mail
Alberta’s New Democratic Party is calling for a special prosecutor to investigate Premier Danielle Smith’s interference in the justice system, resurfacing a major controversy that dogged the United Conservative Party during last month’s election campaign and now follows the government into its second term.
Justice Minister Mickey Amery, appointed to Ms. Smith’s cabinet last Friday, and acting deputy minister of justice Susanne Stushnoff received a letter from NDP MLA Irfan Sabir requesting a prosecutor from out of province be assigned to oversee an independent investigation into Ms. Smith. The request comes on the heels of a scathing report from Alberta’s Ethics Commissioner, Marguerite Trussler, who concluded the Premier violated ethics regulations.
In the 17-page ruling, released during the election period, Ms. Trussler determined the Premier made an “improper attempt” to influence Tyler Shandro, when he was her justice minister, to get involved in the criminal case of a street preacher Artur Pawlowski, charged for his role in the Coutts, Alta., border blockade. Mr. Pawlowski has since been convicted of criminal mischief.
Mr. Sabir, who practised law before entering politics, said the NDP believes Ms. Smith’s actions may constitute Criminal Code violations based on consultations with legal experts – specifically Section 139 for obstruction of justice. He said the scope of the ethics investigation was limited and a probe led by a special prosecutor would look into the full extent of Ms. Smith’s judicial interference.
“No one is above the law,” Mr. Sabir said in an interview. “Albertans deserve to know whether their Premier committed a crime and, if that’s the case, there should be consequences.”
Mr. Amery, in a statement, said the “matter is closed” following the ethics investigation. He said Ms. Smith is implementing Ms. Trussler’s only recommendation: that all new members of the legislature receive training on the basics of Canadian government. He also pointed to another finding in the report that stated Ms. Trussler did not find evidence that Ms. Smith or her staff spoke directly to Crown prosecutors, as alleged in CBC reports.
Edmonton criminal defence lawyer Ellen Sutherland said the actions of the Premier do not “entirely fall” into the purview of Section 129 of the Criminal Code, which is obstruction of a peace officer, or Section 139.
“The former section relates to individuals who attempt to resist arrest or prevent an officer from doing their job, where the latter relates to the obstruction of sureties, jurors or other people who would otherwise give evidence,” Ms. Sutherland said.
“Usually, Section 139 is utilized where witnesses are being threatened by accused persons or another party to not attend trial or give evidence. I think it is clear that neither of these situations occurred in this incident with Mr. Pawlowski.”
She said the Premier’s actions appear to be an inappropriate use of power and position, and she is hopeful that the Ethics Commissioner will revisit the possibility of recommending sanctions, having reserved the right to do so when the legislature resumes.
“Even if there is no criminal avenue to explore, the perversion of our democratic systems is absolutely something that should be strongly denounced,” she said.
The Office of the Ethics Commissioner said in a statement that Ms. Trussler has not yet determined if she will make further recommendations. If she does, they will be sent to the legislative assembly, which will then determine the course of action.
A special investigation has been conducted into a member of the UCP before. Retired justice Adèle Kent examined the actions of Kaycee Madu who, when he was justice minister under former premier Jason Kenney, phoned Edmonton police Chief Dale McFee after receiving a distracted-driving ticket in March, 2021.
Ms. Kent concluded, after a month-long investigation ending in February, 2022, that Mr. Madu unsuccessfully attempted to interfere with the administration of justice. Mr. Kenney then shuffled him from the justice portfolio to oversee the labour ministry. He was appointed Ms. Smith’s deputy premier when she took power last October but he failed to win re-election in May.