Alberta premier reverses course on promise to seek pardons for COVID-19 health violators
Alberta Premier Danielle Smith, less than three months after promising to seek pardons for COVID-19 health violators, says she will now let justice take its course while also announcing she is regularly contacting Crown prosecutors about these cases.
“The way our system of justice works is we do have an independent justice department and independent Crown prosecutors,” Smith told reporters Thursday when asked why she has not followed through on the pardon commitment.
“As we continue to see some of these cases go through - some of them get dropped, some of them fail - (prosecutors) have to consistently recalibrate, but I do want to make sure they have an independent process for assessing that.
“But I ask them on a regular basis, as new cases come out, is it in the public interest to pursue and is there a reasonable likelihood of conviction?”
The Justice Department later issued a statement that appeared to contradict Smith.
“The premier had met to discuss prosecutions at a high level with the attorney general and deputy attorney general,” said department spokesman Jason Maloney.
“The premier has never spoken with any Crown prosecutors about any particular court/legal matter they deal with.”
- Alberta premier exploring 'pardons' for COVID-19 related fines and arrests
- Alberta NDP demands Smith revoke call for advice from COVID-19 'bioweapon' doc
Smith's office did not respond to a request for clarification.
Opposition NDP justice critic Irfan Sabir labelled Smith's comments a clear case of judicial interference and called for an independent investigation.
“Danielle Smith is reaching into the Crown prosecution branch and inquiring about a specific case and questioning whether charges are in the public interest, and that certainly constitutes interference,” Sabir said.
“Smith's actions undermine the rule of law, and it is disturbing to see that she does not understand that.”
Smith became premier in October after winning the leadership of the United Conservative Party by leveraging strong member support with promises to redress perceived abuses of individual rights and freedoms during the COVID-19 pandemic.
Soon after being sworn into office, Smith announced that she would pursue pardoning non-criminal violators of health restrictions, such as pastors who ignored gathering limits at services and people fined for not wearing masks.
Smith has called the COVID-19 unvaccinated the most discriminated group she has ever seen in her lifetime.
Artur Pawlowski, a Calgary pastor jailed and fined for COVID-19 masking and gathering violations - charges later overturned on appeal - criticized Smith's remarks.
“My friends were voting for her (in the leadership race) because they wanted this prosecution and persecution of Canadians to stop in our province,” Pawlowski said in an interview.
“She promised that amnesty would come. That never happened.”
Pawlowski still faces charges related to last year's blockade in Coutts, Alta., near the United States border.
He called Smith “Kenney 2.0,” referencing to her predecessor, Jason Kenney.
“She is a flip-flopping, political pancake,” Pawlowski said. “Whatever works for her, that's what she's going to pursue.”
- Premier, sovereignty bill are barriers to progress on emerging energy: Alberta NDP
- 'We support choice': Alberta premier rejects nurses union demand for mask mandate
Kenney was effectively voted out of office last year by a branch of the UCP angry over what they called freedom-busting COVID-19 gathering, vaccine and masking rules.
Smith also won the leadership on a promise to change laws to forbid restrictions for people based on their COVID-19 vaccine status. She never introduced the bill as promised last fall, saying more study was needed.
Political scientist Duane Bratt said the confusion leaves Albertans with two unpalatable options.
“Which is worse, political interference in the judicial system or lying about interfering in the judicial system?” said Bratt, with Mount Royal University in Calgary.
Bratt said the comments appear to be a political calculation by Smith to try to appeal to the broad electorate by adhering to the rule of law on COVID-19 cases while simultaneously saying she is taking direct action - rubbing against democratic guardrails in the process - to appease her base.
“That's what happens when you try to appease two different groups. You end up appeasing none of them,” said Bratt.
Sabir said there is recent precedent under the UCP for an investigation.
Last February, a third-party report by a retired judge concluded that then-UCP justice minister Kaycee Madu tried to interfere in the administration of justice when he called up Edmonton's police chief to discuss a traffic ticket.
Madu was subsequently moved to a different portfolio under Kenney. He has since been promoted to deputy premier under Smith.
This report by The Canadian Press was first published Jan. 12, 2023.
CTVNews.ca Top Stories
Ottawa driver who appeared to be racing another vehicle on Highway 416 facing charges
The Ontario Provincial Police (OPP) says an Ottawa driver is facing charges after being caught going 187 km/h on Highway 416.
Helicopter carrying Iran's hard-line president apparently crashes in foggy, mountainous region
A helicopter carrying Iranian President Ebrahim Raisi, the country's foreign minister and other officials apparently crashed in the mountainous northwest reaches of Iran on Sunday, sparking a massive rescue operation in a fog-shrouded forest as the public was urged to pray.
Canadian immigration asks medical worker fleeing Gaza if he treated Hamas fighters
Lawyers are questioning Canada’s approach to screening visa applications for people in Gaza with extended family in Canada after one applicant, a medical worker, was asked whether he had treated members of Hamas.
4 homes lost due to wildfire near Fort Nelson, B.C.
A wildfire burning near Fort Nelson, B.C., completely destroyed four homes and damaged six more properties, according to an update from the Northern Rockies Regional Municipality.
Walmart, Costco refusing to sign grocery code of conduct 'untenable': industry minister
Industry Minister Francois-Philippe Champagne says it's 'untenable' for 'smaller players' like Walmart and Costco to delay signing on to the government- and industry-led grocery code of conduct, now that industry giant Loblaw has agreed to do so.
VIDEO Born without front legs, this dog has been inspiring the world for 3 years: Dresden farm owner
A sanctuary dedicated to animals with disabilities is celebrating the third birthday of one of its most popular residents.
'A horrible way to start the summer': 3 killed in serious boat crash on lake north of Kingston, Ont.
Three people were killed and five others were injured Saturday night following a boat crash on the Buck Bay area of Bobs Lake, north of Kingston, Ont., the Ontario Provincial Police (OPP) said.
French security forces work to regain control of airport highway in violence-scorched New Caledonia
Using armoured vehicles and backhoes to shove aside charred barricades, French security forces worked Sunday to retake control of the highway to the international airport in violence-scorched New Caledonia, shuttered because of deadly unrest wracking the French Pacific archipelago where indigenous people have long sought independence from France.
Diddy admits beating ex-girlfriend Cassie, says he's sorry, calls his actions 'inexcusable'
Sean 'Diddy' Combs admitted Sunday that he beat his ex-girlfriend in a hotel hallway in 2016 after CNN released video of the attack, saying in a video apology he was 'truly sorry' and his actions were 'inexcusable.'