Alberta Premier Smith discussed COVID charges with prosecutors ‘almost weekly,’ she says in recording

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Smith’s office said this is another instance of the premier using ‘imprecise language’ when saying she spoke to Crown prosecutors about COVID-related court cases

Published Mar 29, 2023  •  Last updated 47 minutes ago  •  5 minute read

Alberta Premier Danielle Smith. Photo by Darren Makowichuk/Postmedia Article content

Despite a recording showing Alberta Premier Danielle Smith told a street pastor facing charges related to last year’s border blockade she speaks with Crown prosecutors about COVID-related cases “almost weekly,” Smith’s office is once again saying she didn’t mean to say that.

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In the conversation, shared in a video posted to the Artur Pawlowski TV YouTube account as an unlisted post, later made private, the premier promised to discuss his case internally and claimed she spoke regularly with prosecutors about such cases.

“Once the process is underway, I can ask our prosecutors, ‘Is there a reasonable likelihood of conviction, and is it in the public interest?’ And, I assure you I have done that almost weekly ever since I started here,” said Smith, who also expressed sympathy for Pawlowski.

Pawlowski has been charged with breaching a release order and mischief for inciting people to block public property at the border crossing at Coutts, but a verdict has not yet been reached. He was the leader of the Independence Party of Alberta, but the party’s board announced Tuesday it had removed him.

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During the call, Smith said she was frustrated with COVID-related charges. “It was a political decision that initiated this, but it can’t be a political decision to end it,” she said.

She added that her office’s executive director, Rob Anderson, was leading correspondence with the Justice Ministry, “pushing this along.”

Another instance of ‘imprecise language’: premier’s office

In a subsequent statement to Postmedia Wednesday, the premier’s press secretary Becca Polak said “there is absolutely no new information contained in the video,” but did not directly answer questions posed by Postmedia.

While Smith has publicly stated she asked Crown prosecutors “on a regular basis” about COVID-related court cases, she has subsequently walked that back, saying she used “imprecise language,” and had instead spoken with Justice Minister Tyler Shandro and his deputy attorney general.

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Polak said Wednesday the same explanation applies to her comments made to Pawlowski.

The video comes after Smith confirmed in February she spoke with Pawlowski, saying at the time she had talked to everyone who had concerns about pandemic public health restriction enforcement orders.

Before CBC News first reported on the contents of the video Wednesday, Smith took aim at the public broadcaster in a statement, calling its story part of a “campaign of defamatory attacks” against her and her office staff. She has previously said that she has been advised by the Justice Ministry not to pursue granting legal amnesty to those charged with non-violent COVID-related charges.

“I have followed that advice. At no time have I spoken with anyone from the Alberta Crown Prosecution Service, nor to my knowledge have any of my office’s staff. Allegations to the contrary are defamatory and will be dealt with accordingly,” Smith said.

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Smith sticks to her story on prosecutors, denies seeking amnesty for controversial pastor

Review shows ‘no evidence’ of emails between Crown prosecutors and premier’s office

Anderson, in a series of tweets Wednesday, also called CBC’s reporting defamatory, and said he had not contacted the Crown prosecution service on the matter, nor did he recall speaking with anyone charged with ongoing COVID-related offences.

Chuck Thompson, head of public affairs for CBC, sent Postmedia a statement in response.

“We reported factually on a conversation everyone can read about or listen to themselves on our site. Our journalism speaks for itself,” he wrote.

Smith has repeatedly said that neither she nor her staff have ever communicated with Crown prosecutors, and that she has only had discussions with the attorney general and deputy attorney general about outstanding COVID-related cases.

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“They advised me the Crown prosecutors would independently make their decisions on whether or not to carry on with COVID-related cases based on their assessment of whether there was a reasonable chance of conviction and whether it was in the public interest,” said Smith in January.

“I respect that independent process.”

The Alberta Crown Prosecution Service has previously told Postmedia the Crown prosecutor involved in the Coutts files did not have any recollection of receiving any emails from the premier’s office.

Premier critiques ‘tactics’ of Crown prosecutors

During her UCP leadership campaign, Smith promised to have charges related to COVID-19 violations dropped, but since taking office said she has learned she doesn’t have that clemency power.

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At one point during the phone call, Pawlowski raised concerns that the Crown prosecutor in his case had dumped more than 1,000 pages of documents and hundreds of hours of testimony, forcing Pawlowski to hire an expensive legal team to comb through it all. Smith dismissed Pawlowski’s suggestion Shandro was behind the move.

“But, I have also raised it with the deputy minister, and let him know my dissatisfaction with the tactics. So, can you just leave this with me and I will make that request one more time?”

‘Deeply inappropriate’

At a news conference Wednesday, NDP Opposition justice critic Irfan Sabir said the recorded conversation raises further questions about interference in the justice system by the premier or her office, and reiterated his party’s call for an independent investigation.

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“It is deeply inappropriate for the premier to be having this conversation with someone facing criminal charges,” said Sabir.

The NDP first called on Shandro to call an independent investigation in January, and Wednesday said neither Shandro nor Smith were fit to serve in their roles.

“If he had done the right thing and launched an investigation, Albertans would already know the truth one way or another,” said Sabir.

Sabir said it’s up to Crown prosecutors to independently decide if individual cases are in the public interest and likely to result in a conviction.

“That’s for the Crown to determine in each and every single case, free of any interference from any politician,” he said.

CBC News published reports in January citing unnamed sources alleging someone in Smith’s office had contacted prosecutors via email in an effort to influence cases.

Smith called those reports false and sought a retraction and apology from the public broadcaster, but the CBC has said it stands by that reporting.

Smith did order an email review from the Public Service Commission and internal IT experts, saying it found no evidence of email contact between the premier’s office and Crown prosecutors.

Postmedia asked Pawlowski’s lawyer, Sarah Miller, if the conversation might affect his case. Miller said she had no comment.

lijohnson@postmedia.com

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