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
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Federal government grants B.C.'s request to recriminalize hard drugs in public spaces
The federal government is granting British Columbia's request to recriminalize hard drugs in public spaces, nearly two weeks after the province asked to end its pilot project early over concerns of public drug use.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
MPs agree Canadian gov't should improve new disability benefit
The federal government needs to safeguard the incoming Canada Disability Benefit from clawbacks and do more to ensure it actually meets the stated aim of lifting people living with disabilities out of poverty, MPs from all parties agree.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL has suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.
Boy Scouts of America changing name for first time in 114 years, aiming for inclusivity
The Boy Scouts of America is changing its name for the first time in its 114-year history and will become Scouting America. It's a significant shift as the organization emerges from bankruptcy following a flood of sexual abuse claims and seeks to focus on inclusion.
opinion Tom Mulcair: Trudeau's handling of Poilievre's 'wacko' House turfing a clear sign of Liberal desperation
When Speaker Greg Fergus tossed out Pierre Poilievre from the House last week, "those of us who have experience as parliamentarians simply couldn't believe our eyes," writes former NDP leader Tom Mulcair in his column for CTVNews.ca
New charges for Ont. woman who previously admitted to defrauding doulas
The Brantford, Ont. woman who was previously sentenced to house arrest after admitting to deceiving doulas has been charged again in connection to a new victim.