Alberta's ethics commissioner investigating whether premier interfered with administration of justice

Editor's Note:This articlefollows a Jan. 19, 2023 story that has been updated. As detailed in the Editor's Note accompanying that story, CBC could not substantiate the content of emails referenced here or confirm their existence. Readthe full Editor's Note here.

Alberta's ethics commissioner is launching an investigation into whether Premier Danielle Smith interfered with the administration of justice tied to COVID-19 prosecutions, the premier's office says.

In a statement sent to media Monday, a spokesperson with the premier's office said Smith welcomes the investigation.

Smith "is fully co-operating with the commissioner, and is confident this examination will confirm there has been no such interference," wrote Rebecca Polak in an email.

The Opposition NDP hasbeen calling for an independent investigation since a video was released of a phone call Smith had with Calgary street pastor Artur Pawlowski. During the call,they discussed his criminal case just weeks before his trial in Lethbridgeon Feb. 2on pandemic-related charges was set to begin.

The leakedphone conversation between Smith and Pawlowski happened in early January. On the call, Smith tellsPawlowski she was discussing COVID-19 charges with justice officials "almost weekly."

On her weekly phone-in radio show Your Province Your Premier, on Saturday,Smith delivered a new version of why she contacted Pawlowski, sayingshe took the call as she thought it would be in the context of his role as the leader ofthe Alberta Independence Party.

Pawlowski faces charges of criminal mischief and an offence under Alberta's Critical Infrastructure Defence Act related to last year'sCouttsborder blockade over pandemic measures, and ajudge is set to deliver a verdict in early May.

WATCH | Smith says she welcomes investigation:

Alberta premier says ethics commissioner is investigating her

1 year ago

Duration 2:01

Alberta Premier Danielle Smith says the ethics commissioner is investigating her over allegations she tried to interfere with the courts handling of a pastors charges related to a COVID-19 restriction blockade.

In a letter sent to the ethics commissioner on March 31,NDP justice critic Irfan Sabirwrote that the video formed the basis of his complaint, adding he was raising a potential violation of Section 3 of the Conflicts of Interest Act.

A member breachesthe act if they use their office or powers to "influenceor to seek to influence a decision to be made by or on behalf of the Crown to further a private interest of the member, a person directly associated with the member or the member's minor child, or to improperly further another person's private interest," the act reads.

During a mediaevent Monday afternoon, Sabir said the NDP welcomes the investigation.

"But I want to stress this investigation does not go far enough. We continue to call for a fully independent judicial investigation as well," Sabir said.

Smith threatenedlegal action against the CBCif the corporation didn't retract and apologize for stories tied tocriminal cases related to last year's Couttsblockade.

Asked for comment last week, CBC's head of public affairs, Chuck Thompson, saidin an email, "As we've said all along, we stand by our journalism on this story and, if necessary, will defend it in court."

Of the 85 requests for investigations sent to Alberta Ethics CommissionerMarguerite Trusslerin 2021-2022, she only conducted one probe, according to the commissioner's lastannual report.

That investigationclearedEducation Minister Adriana LaGrange of inappropriate conduct tied to a $150,000 contract for students' reusable masks granted by her ministry to a company in her Red Deer riding.

Some of Trussler's investigations have been completed within a month, but more commonly, the commissioner has taken between three and eight months. That means it's probable this investigation will wrap after the Alberta election on May 29.

Trussler's office did not immediately respond to a request for comment from CBC News.

However, under theConflictsofInterestAct, neither the commissionernor any of thestaffcan disclose if an investigation is being conducted by the office.

Of the 12 complaints against MLAs that Trussler has investigated since taking office in 2014, the ethics commissioner has only found two politicians in breach of the act.