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Alberta premier's office contacted Crown prosecution about Coutts cases: sources

Alberta premier's office contacted Crown prosecution about Coutts cases: sources

CBC
Friday, January 20, 2023 12:40:02 AM UTC

A staffer in Alberta Premier Danielle Smith's office sent a series of emails to the Alberta Crown Prosecution Service, challenging prosecutors' assessment and direction on cases stemming from the Coutts border blockades and protests, CBC News has learned. 

The emails were sent last fall, according to sources who CBC has 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 premier, her office asked for a briefing on the cases. Subsequent emails critiqued the prosecutors' assessment of the charges and pushed back on the characterizations of the protest.

"This is so improper on so many levels — it's pure interference with Crown independence," said one source with knowledge of the correspondence.

The revelation comes just days after Smith herself backtracked from comments about two instances when she said she had contacted Crown prosecutors, subsequently clarifying that "at no time" had she communicated directly with prosecutors.

The premier's office did not respond to CBC's request for comment.

Last winter, more than a dozen people were charged following a blockade at the Canada-U.S. border in protest of COVID-related restrictions and vaccine mandates. Four sets of cases — ranging from weapons and mischief charges to conspiracy to commit murder offences — are currently making their way through the courts in Lethbridge.

CBC News asked Kim Goddard, the assistant deputy minister of the justice department, about the correspondence. Alberta Crown Prosecution Service spokesperson Michelle Davio would not provide a "yes" or "no" answer when asked repeatedly if the assistant deputy minister (ADM) had viewed the emails. 

The same question was asked of prosecutor Steven Johnston, the deputy chief of specialized prosecutions and the Crown assigned to all Coutts-related cases.

Davio wrote in an email that Goddard did "not recall" viewing the emails but said "it is difficult to say with 100 per cent confidence that neither Kim [Goddard] nor Steve [Johnston] have seen the emails that you have described but not provided." 

"As the Alberta Crown Prosecution Service (ACPS) has not been provided with the emails, we are unable to provide a comment," wrote Davio.

CBC News has 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 the premier using "imprecise" language. Smith added she'd only spoken with the attorney general and his deputy.

In the email, Goddard reassured prosecutors that she is committed to following the ACPS's code of conduct, which dictates that prosecutorial discretion must be free from improper pressures or influences.

"In the rare occasions that information about a particular prosecution has been requested, the proper processes have been followed," said Goddard.

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