Auditor general denies that Alberta gov't using lawyer for investigation is normal

Alberta's auditor general is contradicting the provincial government's assertion that it is normal to have lawyers involved in its investigations.

On Wednesday, some health ministry and Alberta Health Services (AHS) staff members received an email — which CBC News obtained — that told them to direct members of the office of the auditor general to the government's legal counsel if they are contacted as part of the investigation into the government's health-care procurement practices.

The email included an example of how staff can respond to a request from the auditor general's office. The sample email's wording suggested the lawyer will act as a point person to coordinate interviews.

"We were not aware of, nor did we endorse, that proposed action. This is not a standard practice our office typically encounters in the course of its work," Cheryl Schneider, spokesperson for the office of auditor general, told CBC News in an email Friday.

Multiple investigations have started since former AHS CEO Athana Mentzelopoulos launched a $1.7-million lawsuit against her ex-employer and Health Minister Adriana LaGrange.

Mentzelopoulos alleges that she was wrongfully dismissed after launching an internal investigation and forensic audit into health-care contracts, and reassessing deals with private surgical companies she felt were overpriced and had links to government officials.

The government and AHS have said Mentzelopoulos was fired because she failed at her job and worked to stop mandated health-care reform. 

No allegations have yet been proven in court.

Auditor General Doug Wylie publicly announced his investigation in February, before Mentzelopoulos filed her lawsuit. At the time, he said the relevant parties were informed about the probe on Jan. 31.

Wylie's investigation focuses on the government's procurement practices for chartered surgical facilities, medication — ibuprofen or acetaminophen — and COVID-19 personal protection equipment. It will also examine the effectiveness of management and control processes, including governance and oversight.

The Alberta government was previously criticized for its PPE purchasing early in the pandemic, and a $70-million deal to buy children's pain medication from Turkey-based Atabay Pharmaceuticals, which involved MH Care, an Edmonton-based medical supplier. The deal, made during a North American shortage in 2022, has not yet been fulfilled.

The Alberta government, including Premier Danielle Smith, has previously stated that it takes seriously Mentzelopoulos' allegations of political interference and conflicts of interest, and that it will be transparent with Wylie's team because it wants to address any wrongdoing.

Justice Minister Mickey Amery reiterated the government's stance during Thursday's question period.

The Opposition NDP, which for months has accused the governing United Conservative Party of a cover-up, pressed about the email sent to health staffers, claiming it amounted to a gag order.