Alberta Premier Daniel Smith says he’s no longer seeking amnesty for violators of COVID-19 health rules because Canada doesn’t work that way.
“Because we’ve been so influenced by the (United) States, I think some people think the prime minister has the same power as pardoning or offering clemency in the states,” Smith told Sean Newman’s podcast on Monday.
“I haven’t noticed that being the case in Canada. We just have a different criminal justice system and a different legal system, and once things are referred for prosecution, the politicians have to go.”
However, law professor Lorian Hardcastle says there is a way.
Read more: Smith backs off on ‘inaccurate language’ used in prosecution of COVID violations
Read this: Brendan Fraser gives an emotional, tearful speech at the Critics Choice Awards
Hardcastle says pardon provisions exist at the federal level and Ottawa has used them to offer exemptions to those convicted of simple criminal possession of cannabis.
Story continues below the ad
Hardcastle says such a framework for public health violations of COVID-19 would be unusual at the provincial level, but could be done if the Smith government passes a bill to create the framework.
“She can legislate and do that,” said Hardcastle, a fellow at the University of Calgary’s Faculty of Law who specializes in health law and policy.
2:09 Alberta NDP calls for investigation into judicial interference after Premier Smith’s comments
“But I think given her other political priorities, I’m not sure she would do that, especially given the heat she’s taken in recent days for some of her comments about intervening in other ways in these cases.”
Smith’s office, asked if the premier would consider such a bill, said in a one-line statement: “The Alberta government is not considering such legislation.”
Smith has come under fire for her COVID-19 prosecution and pardon after announcing last week that she was no longer seeking amnesties, but instead was talking to prosecutors about how they handle cases involving violations of public health orders for COVID- 19.
Story continues below the ad
Read more: Alberta NDP: ‘There’s a lot of lying going on’ about premier’s role in COVID-19 crackdown
Read this: Police in India have charged two men in the death of a family who froze to death while crossing into the US
“It’s a bit disappointing, there’s no arguing that once the wheels of justice have turned in certain cases, there’s really nothing else a politician can do but watch it play out,” Smith told Newman.
“That is decision-making that we should leave to Crown prosecutors.”
Smith has provided multiple — and at times conflicting — accounts of who she spoke to and what was discussed regarding the prosecutions.
Popular
-
Brendan Fraser gives an emotional, tearful speech at the Critics Choice Awards
-
Vancouver Canucks fan favorite Wayne ‘Gino’ Ojik dies at 52
Just before Christmas, she told Rebel News that she was meeting with prosecutors and urging them to consider what she believed to be society no longer on the side of prosecuting such cases. She said she also asked prosecutors to consider cases that fail in court.
1:40 PM Smith draws criticism comparing Ottawa’s treatment of Alberta to Indigenous experience
Last week, in a scramble with reporters, Smith reiterated that she was talking to prosecutors, but did not mention that she had asked them to consider factors unique to COVID-19 cases.
Story continues below the ad
Instead, she said she merely reminded prosecutors of the basic guidelines for prosecuting any case: It must be in the public interest and have a reasonable chance of conviction.
The opposition NDP has called for an independent investigation into whether Smith interfered with the administration of justice by trying to influence prosecutors.
“(Smith) is either lying now or she was lying then. Obviously lying happens. There’s a lot of lying going on,” said NDP Leader Rachel Notley.
Read more: Alberta premier backtracks on promise to seek amnesty for COVID-19 health offenders
Read the following: Co-pilot of fatal Nepal plane crash tragically lost her pilot husband in 2006 air crash.
In response, Smith said in a statement Friday that “my language may have been inaccurate.”
In that statement, Smith also said she did not meet with prosecutors — a claim confirmed by the Justice Department — but with Justice Secretary Tyler Shandro and the deputy attorney general to discuss “options” on the pending cases.
A day later, on his Corus radio show, Smith did not mention that he was looking into options, but said that the meeting with Schandro and the deputy attorney general was intended to remind them that cases must be in the public interest and that have a reasonable chance of conviction.
“I have never called a Crown attorney. You are not allowed to do that as a politician. Everybody knows that,” Smith told his radio listeners.
Story continues below the ad
2:14 Alberta premier vows to fight federal ‘just transition’ bill for oil and gas workers
Smith also said twice in previous statements that her involvement in the cases continued and that she continued to ask questions as cases arose.
On Newman’s podcast, she suggested that’s no longer the case: “I’m watching all of this with great interest and looking to see what those verdicts are. But I have to let this process play out.
Smith has been a staunch defender of protesters against the health restrictions of COVID-19.
She became prime minister in October after winning the leadership of the United Conservative Party and pledging to fix perceived abuses of personal rights and freedoms during the pandemic.
Read more: Premier, sovereignty bill roadblock to progress on emerging energy: Alberta NDP
Read the following: CJ Harris, singer and former ‘American Idol’ contestant, dies at 31
Story continues below the ad
As prime minister, Smith apologized to those accused of the restrictions and called those unvaccinated against the virus the most discriminated against group she had seen in her lifetime.
Asked by reporters in late October about offering amnesty to those prosecuted for violating the COVID-19 rules, Smith said she would continue.
“The things that come to mind are people who have been arrested as pastors and people who have been fined for not wearing masks,” Smith said at the time.
“I will look at the range of outstanding fines and get legal advice on which ones we can cancel and grant amnesty.
“My view is that these are policy decisions that have been made and so I think they could be policy decisions to offer a reversal, but I want to get legal advice on that first.”
© 2023 Global News, a division of Corus Entertainment Inc.
Add Comment