Ethics Commissioner Launches Probe on Whether AB Premier Smith Interfered in Justice

Alberta Premier Danielle Smith gives an Alberta government update in Calgary on Jan. 10, 2023. (Jeff McIntosh/The Canadian Press)

Alberta’s ethics commissioner has started an investigation into whether Alberta Premier Danielle interfered with the administration of justice in a prosecution case related to COVID-19 restrictions.

“The Premier welcomes this investigation, is fully cooperating with the Commissioner, and is confident this examination will confirm there has been no such interference,” Smith’s office said in a statement April 10.

“As a result of the ongoing investigation, it would be inappropriate for the Premier to comment on this further, until the investigation is completed.”

At issue is whether the premier talked to prosecutors about COVID violation cases, and whether that amounts to interference in prosecution proceedings.

Alberta NDP has been criticizing Smith over the issue, with NDP Leader Rachel Notley saying that the governing party can’t think “they’re above the law.” Notley said while her party welcomes the ethics commissioner’s probe, a “fully independent judicial investigation” is required as well.

The announcement comes after a conversation between Smith and an Alberta pastor facing charges related to COVID-19 restrictions was leaked. During the call, pastor Artur Pawlowski asked Smith about her leadership campaign promise of seeking to drop COVID violation charges. Smith says in response that she has since learned that unlike in the United States, premiers don’t have the power of clemency.

“Once the process is under way, I can ask our prosecutors, ‘Is there a reasonable likelihood of conviction and if it is in the public interest?’ And I assure you, I have asked them that almost weekly ever since I got started here,” Smith said.

The premier has said previously that she misspoke in saying she spoke with “prosecutors” about COVID-19 cases, saying that she was referring to the attorney general and justice minister, and deputy minister of justice.

During her phone-in radio show on April 8, Smith said that she thought she was talking to Pawlowski in his capacity as the leader of of another party. At the time, Pawlowski was the leader of the Independence Party. She said that when he brought up the issue of COVID-19 cases, she said that she had tried to get amnesty for such cases, but was told by justice officials that the cases must run their course independently, and that she accepted that advice.

Marnie Cathcart and The Canadian Press contributed to this report.