Alberta Premier Danielle Smith says she will not introduce legislation to pardon people convicted of COVID-19 public health breaches because she has been advised to handle the courts.
Smith says she is following the direction of Justice Secretary Tyler Shandro and the deputy attorney general.
“Advice (to Smith) was provided that Crown prosecutors independently assess whether they are in the public interest and whether there is a reasonable likelihood of a conviction,” Smith’s office said in a statement on Tuesday.
“The premier respects this independence and the independence of the courts.”
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The premier of the United Conservative Party recently promised to seek redress for COVID-19 rule breakers by October, perhaps through amnesties and pardons, but last week he said he would instead refer cases to courts and prosecutors. Will focus on letting go.
Clemency provisions exist at the federal level and Ottawa has used them to grant remission to those convicted of simple criminal possession of cannabis.
Smith could create a similar framework for pardoning COVID-19 public health violators in Alberta, but it would require passing a bill.
The premier’s office said he had no intention of doing so.
The issue flared up last week when Smith announced she was abandoning the possibility of a pardon and instead talking to justice officials about COVID-19 cases. She said she reminded him about departmental guidelines, that all cases must be assessed based on whether they are in the public interest and there is a reasonable likelihood of conviction.
The opposition NDP said this constituted interference with the administration of justice. In the days that followed, the issue became more confused as Smith gave contradictory explanations on who he spoke to, when he spoke to them, and what was discussed or ongoing.
On Tuesday, NDP justice critic Irfan Sabir formally asked the justice minister in a letter to launch a third-party investigation.
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“Any attempt by the prime minister to remind (judicial officers) of his own (prosecution) norms or question the prosecutors’ judgment can only be seen as interference,” Sabir wrote in the letter.
Justice Department spokesman Jason Maloney responded in a statement. “The Alberta Crown Prosecution Service has confirmed that the Premier has never spoken to any Crown Prosecutor regarding any court/legal matters they deal with. Therefore no further action is required.”
Political scientist Duane Bratt said that Smith influences the conversation simply by involving himself in the debate.
He said earlier this week prosecutors dropped two charges against a woman in connection with a COVID-19 protest blockade a year ago at the Canada-United States border in Coates, Alta.
Was it (dropping the charges) the right decision? maybe. Was it due to Smith calling Crown prosecutors, to pressure the Attorney General, or to repeated public comments that the allegations were unwarranted? Bratt of Calgary’s Mount Royal University asked.
“How much signaling is going on here?
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“(Smith) is really muddying the waters.”
As premier, Smith has apologized to those charged under the restrictions and called them the most discriminatory group against the virus he has seen in his lifetime.
In October, he told reporters, “These (the allegations) were political decisions that were made and so I think they may have been political decisions offering reversals.”
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