Alberta Premier Responds to Allegation That Staffer Contacted Prosecutors About Group Charged at Coutts Blockade

Alberta Premier Danielle Smith gives a government update in Calgary on Jan. 10, 2023. Jeff McIntosh/The Canadian Press

Following a news report that said a staffer for Alberta Premier Danielle Smith had emailed the Alberta Crown Prosecution Service in regard to the case of a group charged with firearms possession at the Coutts border blockade last winter, the premier’s office issued a statement saying it is “a serious allegation” and will take appropriate action if it is proven true.

CBC News reported on Jan. 19 that emails sent by Smith’s staffer challenged the Crown prosecutors’ assessment of the case, in which 13 individuals were accused of possessing a weapon, while four were also accused of conspiracy to commit murder. CBC cited sources whose identities were kept anonymous for fear that they would lose their jobs.

In a statement to CBC, the premier said she has not been in contact with Crown prosecutors and has no knowledge of anyone on her staff doing so.

“This is a serious allegation,” the statement reads. “If a staff member has been in touch with a Crown Prosecutor, appropriate action will be taken.”

‘Is it in the Public Interest?’

The statement came after Smith clarified previous comments she had made at different times to prosecutors on their approach to cases related to the protests against the federal COVID-19 vaccination mandates and other restrictions. Her comments were interpreted as interfering with the judicial system and caused an uproar from the opposition.

In a December 2022 interview with Rebel News, the premier said that regarding the Coutts case, questions she “can ask and have asked and continue to ask is: ‘Is it in the public interest’” and whether there would be a conviction.

“I’ve put it to the prosecutors, and I have asked them to do a review of the [COVID-19] cases with those two things in mind and I’m hopeful that we’ll see a true turning of the page,” Smith said.

Speaking to reporters on Jan. 12 in Edmonton, the premier also said she had contacted Crown prosecutors, CBC reported.

“We do have an independent justice department and independent Crown prosecutors, and I have asked them to consider all charges under the lens of ‘is it in the public interest to pursue?’” she said.

Comments Smith made on her radio show earlier this month were also questioned. The premier said she had urged Justice Minister Tyler Shandro and his deputy attorney general to consider whether the cases were in the public interest and whether there was a reasonable chance of conviction before proceeding, reported CTV News.

On her radio show on Jan. 14, Smith said she “may have used some imprecise language,” but she was referring to the Justice Department in her Jan. 12 comments.

The Justice Department issued a statement earlier this month supporting the premier’s clarification.

“The Alberta Crown Prosecution Service has confirmed that the premier has never spoken with any Crown prosecutors about any court/legal matters that they deal with. No further action is therefore required,” said Justice Department spokesperson Jason Maloney.

A spokesperson for the Alberta Crown Prosecution Service also confirmed to Global News that “neither the assistant deputy minister of the Alberta Crown Prosecution Service nor the Crown prosecutor involved in the Coutts files have any recollection of receiving any emails from the premier’s office.”

“Such communication would be exceptionally rare and as such, would stand out,” said spokesperson Michelle Davio. “However, without seeing the emails in question, no further comment can be provided.”

Questions From the Opposition

Member of Alberta’s opposition NDP MLA Rakhi Pancholi said at a press conference on Jan. 20 that the CBC’s Jan. 19 report highlighted “extremely serious allegations,” reported Global News.

“These reports follow a series of reversals, contradictions,” she said, adding that even if Smith was only speaking with Shandro and the deputy attorney general about plans for prosecutions related to last year’s protests, she believes it may still constitute “political interference” in the justice system.

In a Jan. 20 Twitter statement, Pancholi reiterated her call for Shandro to launch an independent investigation into the issue. She previously endorsed fellow NDP MLA and justice critic Irfan Sabir’s call for an independent investigation into whether Smith had interfered with the provincial justice system.

Coutts Border Protest

During the height of the Freedom Convoy protest in Ottawa last winter, protesters set up road blockades at Alberta’s Coutts border crossing for over two weeks in solidarity with those gathering at the national capital, calling on the federal government to end the COVID-19 vaccine mandates and restrictions.

The protest ended shortly after the RCMP arrested the group that was charged with possessing firearms. The protest organizers said they were not affiliated with the group.

The Canadian Press contributed to this report.