An official in Alberta Premier Daniel Smith’s office sent a series of emails to the Alberta prosecutor’s office challenging the prosecutors’ assessment and guidance on cases stemming from the border blockades and Coutts protests, CBC News has learned.
The emails were sent last fall, according to sources the CBC agreed not to identify because they fear they could lose their jobs.
Soon after Smith was elected leader of the United Conservative Party and sworn in as prime minister, her cabinet requested a briefing on the cases. Subsequent emails criticized prosecutors’ assessment of the charges and dismissed the characterization of the protest.
“It’s so wrong on so many levels – it’s a pure interference with the independence of the crown,” said a source familiar with the correspondence.
The revelation comes just days after Smith herself recused herself from commenting on two cases where she said she had contacted Crown prosecutors, later clarifying that she had “at no time” communicated directly with prosecutors.
The prime minister’s office did not respond to CBC’s request for comment.
Last winter, more than a dozen people were charged after a blockade of the Canada-US border to protest COVID-related restrictions and vaccine mandates. Four sets of cases — ranging from weapons and mischief charges to conspiracy to commit murder — are currently making their way through the Lethbridge courts.
The Crown Office will not comment on emails
CBC News asked Kim Goddard, assistant deputy minister of justice, about the correspondence. Alberta Attorney General’s Office spokeswoman Michelle Davio did not give a yes or no answer when asked repeatedly whether the assistant deputy minister (ADM) had reviewed the emails.
The same question was put to prosecutor Stephen Johnston, the deputy head of the specialist prosecution and crown assigned to all cases involving Coutts.
Davio wrote in an email that Goddard “doesn’t recall” reviewing the emails, but said “it’s hard to say with 100 percent confidence that neither Kim [Goddard] nor Steve [Johnston] have seen the emails you described but didn’t provide.”
“As the Alberta Attorney’s Office (ACPS) has not received the emails, we are unable to comment,” Davio wrote.
Report any communication from political staff: internal email to prosecutors
CBC News obtained a copy of an internal email sent last Friday by Goddard to Alberta prosecutors after Smith made comments about being in contact with prosecutors, which her office later clarified as premier using “inaccurate” language. Smith added that she had only spoken to the attorney general and his deputy.
In the email, Goddard assured prosecutors that she was committed to following the ACPS code of conduct, which dictates that prosecutorial judgment must be free from undue pressure or influence.
“On the rare occasion that information was requested for a specific prosecution, the proper processes were followed,” Goddard said.
The ADM said it would only provide information to the attorney general or deputy attorney general.
“I will not brief other elected officials or political officials on details involving individual cases,” Goddard wrote.
“If any elected official or political official ever contacts you to discuss any of your cases, it is imperative that you immediately report such communication to your attorney general or me.”
Tension and public interest
There has been tension between the Justice Department and the Prime Minister’s Office when it comes to court cases, multiple sources familiar with the matter told CBC News.
They explained that Justice Minister Tyler Schandro and his staff were not involved in the emails sent to ACPS lawyers — and the department has been trying to strengthen the independence of prosecutorial decisions for months.
Last Friday, Smith categorically stated that she had not been in contact with Crown prosecutors. This followed two previous occasions in which the prime minister said she had requested a review of cases related to COVID and asked prosecutors whether certain cases were worth pursuing.
Emails originating from Premier Daniel Smith’s office went to the Alberta prosecutor’s office regarding the allegations of blocking Coutts, sources told CBC News. (Jeff McIntosh/The Canadian Press)
In a December interview with Rebel News, Smith questioned whether prosecuting the cases was in the public interest and whether there was a reasonable likelihood of a conviction.
“I put it to the prosecutors and asked them to review the cases with those two things in mind. And I hope we’ll see a real turning of the page,” she said.
“So do you still pursue one when the public is stirred up? That is the great question with which the Crown must come to terms.’
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