Immunity for Alberta attorney general necessary to ward off ‘political activism,’ attorney general says
CBC
Alberta’s justice minister, who is also the attorney general, says new rules that would grant anyone who’s in his job general immunity from law society sanctions are necessary to ward off “political activism, or complaints, or other interference.”
“I think that there is a very distinctive role that the attorney general plays in this province, and it must be upheld without influence from external factors,” Mickey Amery told reporters Monday.
Last Thursday, Amery introduced Bill 14, legislation that includes multiple significant changes to the political and legal landscape in Alberta.
Among those changes are amendments to the Legal Profession Act, which governs lawyers of the Law Society of Alberta.
It would make Alberta’s attorney general immune from sanctions while carrying out the “duties and functions” of the position.
The attorney general serves as the chief legal adviser to the government and is responsible for overseeing the province’s prosecution services. For years, the same person has been justice minister and attorney general, and it’s the same case in other jurisdictions.
Amery was asked Monday if an incident involving former provincial justice minister Kaycee Madu, who was reprimanded by the law society in February, was considered in drafting the change. The regulator found Madu guilty of misconduct last year for phoning Edmonton’s police chief after receiving a traffic ticket in 2021 while he served as attorney general.
“Well, first and foremost, the amendments specifically state ‘official duties’ of the attorney general,” Amery said.
“And I think that's an important takeaway here, because it signals that the amendments are intended to shield the attorney generals, both past and present and future, from political activism or complaints or other interference for that office.”
Madu is appealing the law society decision. It’s set to be heard in February.
In an email, a spokesperson for Amery said Bill 14 would only apply to actions as part of the attorney general’s official duties and to those that have not already been sanctioned.
They did not respond to a question requesting more information around what “political activism” Amery was addressing specifically.
Madu’s successor as minister of justice, Tyler Shandro, also faced a law society proceeding, though that came from incidents during his time as health minister. He was found not guilty of unprofessional conduct, in part because hearing panellists concluded he wasn’t acting as a lawyer during the incidents.
A third Alberta justice minister, Jonathan Denis, was also sanctioned for professional misconduct citations after he left government.
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