‘Clear violation’: Experts say Alberta premier must explain call with accused

Premier Danielle Smith must explain to Albertans why she discussed a criminal case with the accused before his trial, whether she still believes such calls are OK and whether she will continue to have these conversations, legal experts and political scientists say.

They say the premier’s actions are a violation of the democratic firewall separating politicians from court cases and that Smith’s strategy to stay silent and threaten to sue media ensures the controversy will be alive for the upcoming election campaign.

Smith has declined to answer questions from reporters surrounding a phone conversation in which she offered to help Calgary street pastor Artur Pawlowski in his criminal case related to the COVID-19 protest at the Canada-United States border crossing at Coutts, Alta., in early 2022.

Video of the conversation, also posted on Pawlowski’s YouTube page titled “January 26, 2023,” documents the roughly 11-minute conversation between the two. That previously-unlinked video has since been made private.

In the call, Smith discussed the disposition of other cases with Pawlowski.

She revealed to him internal government disagreements over case strategy, commiserated with him that he was being treated unfairly by the prosecutor through a late-day “document dump” and told him the charges against him were politically motivated.

“There’s no universe in which any of that information can or should be conveyed to an individual caught up in the criminal justice system by the highest elected official in government,” said law professor Eric Adams with the University of Alberta.

“(Smith) has yet to go on the record to admit that this was an error that shouldn’t happen and can’t be repeated.

“If she remains of the view that these kinds of calls with (individuals) caught up in the criminal justice system are appropriate, I remain deeply concerned about the state of the rule of law in the province.”

Law professor Steven Penney said it’s a “clear violation” for a premier to discuss court cases involving the government with those charged, as it breaches the democratic guardrail precluding politicians from having any say…