Alberta Premier Danielle Smith in a characteristic pose (Photo: Alberta Newsroom Flickr).

In a terse statement this morning, the office of Danielle Smith said Alberta’s premier “was recently contacted by the Ethics Commissioner, who is undertaking an investigation into whether or not the Premier has interfered with the administration of justice in relation to a COVID prosecution.

NDP Justice Critic Irfan Sabir during the NDP’s news conference this afternoon (Photo: Screenshot of NDP video).

“The Premier welcomes this investigation, is fully cooperating with the Commissioner, and is confident this examination will confirm there has been no such interference,” the 81-word statement breezily continued.

This, of course, may or may not be true, in whole or in part. It seems unlikely Ms. Smith truly welcomes an investigation by Alberta Ethics Commissioner Marguerite Trussler or anyone else.

Nor may she be as confident as she would like us to think of how her conduct will be viewed by the government’s ethics commissioner, a lawyer and former judge. 

That said, the investigation provides an excellent opportunity for the premier and her United Conservative Party to put out the dumpster fire that her controversially sympathetic January conversation with criminally charged anti-vaxx street preacher Artur Pawlowski has become.

Which is why the Premier’s Office statement brusquely concluded: “As a result of the ongoing investigation, it would be inappropriate for the Premier to comment on this further, until the investigation is completed.”

Albert Ethics Commissioner Marguerite Trussler (Photo: Office of the Ethics Commissioner).

This UCP strategy has been aided by the Opposition NDP’s inexplicable calls for such an investigation, starting on April 4 when Justice Critic Irfan Sabir said in a news release he had asked Ms. Trussler to investigate the “protracted conversation with Artur Pawlowski prior to his trial for criminal charges for encouraging violence against police at the Coutts blockade.”

“This conversation between Danielle Smith and Artur Pawlowski shows that the Premier is using her office inappropriately to further an individual’s private interests contrary to the provisions of the Conflicts of Interest Act, and that is what I am asking the Commissioner to investigate,” Mr. Sabir said at that time.

At a news conference hastily called by the NDP yesterday to respond to the statement from the Premier’s Office, Mr. Sabir said, “it is my view that the recorded conversation between Danielle Smith and extremist Artur Pawlowski in early January provided clear evidence that Danielle Smith was going to use her power and influence as premier to influence judicial proceedings involving Pawlowski.”

This is likely true enough about Ms. Smith’s intentions.

“This investigation does not go far enough,” Mr. Sabir added. “We continue to call for a fully independent judicial investigation as well.” Arguing that only a judge could examine breaches of other legislation, he stated, “the premier’s actions are a clear violation of the rule of law and she should be held accountable for that.

Postmedia political columnist Lorne Gunter (Photo: Found on the Internet/creator not identified).

This is true as well. 

But while Mr. Sabir, a lawyer, clearly understands the law, he and the NDP are missing the boat on the politics

The NDP’s repeated calls for formal investigations – no matter how justified in a technical sense – have the effect of helping the UCP achieve its desperately goal of putting the entire controversy on ice until after the election. 

Now that the NDP has given the premier a credible excuse for doing so, all the UCP has to do is get Ms. Smith to shut the heck up – a task that may prove challenging. 

In a column published yesterday before the NDP newser, conservative Postmedia commentator Lorne Gunter accurately accused Premier Smith of “picking at a scab that was beginning to crust over.”

“Smith can’t combat her credibility problem by adding another clanger to the pile,” he wrote, but added with entirely justifiable optimism from the perspective of a UCP supporter: “It’s probably a good thing that Ethics Commissioner Marguerite Trussler is going to examine Smith’s call. If Trussler finds no ethics violation, that could put an end to the controversy.”

What the NDP needed to do was keep hammering Ms. Smith for her obvious ethical lapses, because this a political situation and not, despite the contempt for the law by the premier that it highlights, a judicial one. 

Claresholm Mayor and UCP Livingstone-Macleod candidate Chelsae Petrovic (Photo: Twitter/Chelsae Petrovic).

If the NDP can’t stop thinking like lawyers and start thinking more like politicians, the May 29 election is going to have a very unhappy conclusion for Alberta. 

That’s why we have the folk wisdom, “Nice guys finish last.”

Mr. Sabir almost seemed to grasp this yesterday when he added, “the sanctions for a breach of the conflict of interest act is limited to the Legislative Assembly, which is held by a UCP majority.”

Now all he needs to do is remember that if the election goes ahead on May 29, there is no time for a judicial or any other investigatory process to help with what should be the NDP’s goal, to wit, winning the election! 

The Premier’s Office statement also raises the question of when the ethics commissioner contacted the premier. 

The statement’s vague use of the word “recently,” instead of stating the date on which Ms. Trussler made her call, raises the question of whether it was made before or after the premier’s radio appearance on Saturday in which she spoke openly about the conversation and made the excuse that she thought Mr. Pawlowski was calling about something else

If Ms. Smith received the call before her radio appearance, it weakens her argument she can’t talk about the scandal now.

Ms. Smith is scheduled to hold a news conference this morning, which has been billed as UCP event and not a government presser, to make “an important health-related announcement. Presumably she will have an opportunity to answer questions about her party’s candidate in Livingstone-Macleod, Claresholm Mayor Chelsae Petrovic, who while bloviating on health care opined: “Maybe the reason you had a heart attack was because you haven’t taken care of yourself. You’re extremely overweight, you haven’t managed your congestive heart failure, you haven’t managed your diabetes, and there’s no personal accountability.” 

NOTE: This story was significantly updated Monday at 11:30 p.m. with information from the NDP’s news conference and commentary about it. DJC 

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22 Comments

  1. The $64K question?

    How long will it take for Danielle Smith to put her size 12’s in her big cake hole???

    Maybe the bookies should give odds. Or maybe not.

  2. I suppose good news and bad news for Smith here, but mostly bad news. First, the good news is I suppose she will not have to go ahead with her proposed lawsuit against CBC to give her an excuse to stop talking about this. However, that didn’t really work anyways.

    Unlike the proposed lawsuit though, Smith has less control over this, which is perhaps why she and her crew decided to try get ahead of this story. While being proactive sometimes helps, I don’t feel that will make much difference in this case.

    Lastly, all of this has to be a bit dispiriting for conservatives who have made a big deal over the years over the ethics violations of other politicians in other parties. Repeatedly contacting government officials in order to try sway them in a case is not a good look and telling the person charged you will try yet again is even worse. So, this is as bad as or worse than some of Kenney’s problems – like his Sky Palace patio dining affair or a number of his MLA’s going on vacation when travel restrictions were recommended during COVID.

    While this particular violation is different from those past ones, it seems the UCP is a party with entrenched entitlement issues and its senior leadership still does not seem to care to follow the rules.

  3. The ethics commissioner is “captured”, same as AER and other Alberta government entities.

    Also, since the ethic rules and laws in Alberta are laughably inadequate they have no actual effect in the real world. If the former health minister can own a corpration that is directly regulated by his ministry, and that is not consdidered an ethics issue, then there is no hope for any good faith ethics inquiries in this province.

    1. Cool Xenu: I see where you are coming from. Surely, Danielle Smith’s knack of being imprecise, will have to catch up to her.

  4. I can’t help but wonder if Smith’s “imprecise” wording is the result of deliberate decisions, or the result of her impulsive, undisciplined thought processes. I’m inclined to think impulsive, undisciplined thought processes are to blame.

    Regardless, the ethics commissioner’s investigation won’t hurt Smith’s standing with her Base. Either Smith will be “cleared,” much as Adriana LaGrange was last year:

    http://www.ethicscommissioner.ab.ca/media/2809/lagrange.pdf

    (The Twitter version is, “I didn’t find documents that show Minister LaGrange pushed the decision to buy Covid masks from a company in her riding. Nobody involved said that she did, but nobody outright said she didn’t, either. So I guess she probably didn’t.” Feel free to check for yourself.)

    Or, Commissioner Trussler will slap Smith’s wrist, provoking much snark and high dudgeon among Smith’s Take Back Alberta supporters. Either way, Smith’s base will not oust her unless she forces them to put on face masks or get the Covid jab.

    Ms. Trussler would have to state bluntly that Smith had broken a law or regulation before she changed anybody’s mind about this mess. The Canadian Press’s Dean Bennett quotes several people who are not at all impressed with what Smith does instead of reasoning:
    https://www.nationalnewswatch.com/2023/04/05/clear-violation-experts-say-alberta-premier-must-explain-call-with-accused-2/#.ZDSD1ObMKUn

    But hey, this is Oilberduhstan. If the Supreme Boss Lady wants to spring an anti-mask, anti-vax, anti-Ottawa, anti-Confederation, law-breaking, rabble-rousing you-can’t-tell-me-what-to-do street preacher outta jail—then hey, that’s just the way Canaduh works, right? Especially when you put the emphasis on DUH.

  5. David, the tone of you recent articles express outrage at the political machinations of the UCP, and in particular Danielle Smith. I acknowledge your concerns and I agree with you.
    Upon looking at the polls, for whatever they are worth, I too am amazed that many many people are planning to vote UCP, should there be an election in May, 2023.
    I have come to the conclusion that those who support the UCP will not change their votes, and nothing anyone does, however untoward, will change their minds.
    Kenney got in promising jobs – no jobs were created other than the war room. Unkept promises mean nothing to conservatives, it is ideology full stop. The UCP are exactly like their Republican American cousins, in spite of what they affirm.
    See what is happening in the USA? That place is what Smith and her supporters want here – violence, school shootings, no rights for women, no rights for anyone who is not white, no unions, no public services, no social security, a police state, rampant poverty, desperate people, destroy Canada, hurt Canadians, a complete theocratic autocracy – even worse than Afghanistan! De Santis is even trying to severely punish Disney because they support equality! The business of Disney has been a boon for Florida, but in De Santis’ mind they must be put in their place if they do not do what he wants. Smith and co will be no different in dictating how Albertans will live their lives.
    The aforementioned is not the Canada I would like to see, but the Ring of Fire, ergo the conservatives, is the reich-minded thinking of the UCP. Still, until there is blood in the streets, with Smith’s looming ascendency to the throne of the country of Alberta, the average Albertan is completely apathetic and will not lift a finger to alter the fact that this province is headed toward complete chaos, a place from which the con governments across most provinces will work together to destroy Canada, headed by none other than Danielle Smith.
    Even though many shady, questionable, unethical, dishonest initiatives have been undertaken by the UCP, and some of the shenanigans have even been covered in main stream media, there are no protests, nothing, not a sound from the populace.
    So let’s tally up the scorecard. The UCP have business, media, big oil, the wealthy, the unhinged of every kind, the devout, those who tout family first, the seniors, farmers, ranchers, teachers, journalists, nurses, doctors, certainly dentists, lawyers, and so on all supporting their fascist capitalist agenda. What are the chances that they will not destroy the NDP in the election?
    Given the fact that autocracy, demagoguery, and fascism is enjoying current renewal globally, why shouldn’t Alberta follow suit?
    May you live in interesting times, or enjoy your front row seat to the freak show.

    1. Goethe Was Right: Quite frankly, it doesn’t matter what the polls say. Danielle Smith sticks her appendage in her mouth, and so often. When one foot leaves her mouth, she does a weak retraction, then the other foot quickly goes in her mouth. That’s an issue, as is how Danielle Smith behaves. In two provincial elections in Alberta, Danielle Smith ensured the Wildrose, then herself would get defeated. Danielle Smith will get defeated again, because she doesn’t learn from the past mistakes she has made, while in politics.

    2. I don’t know many teachers or nurses who are pro-UCP, the curriculum debacle and giving the teachers’ pensions to AIMCO poisoned that well. I have 4 former and current educators in the family who have had a bone to pick with the Albertacons since Klein. Nurses have their own reasons not to vote UCP.
      As for doctors, who would vote UCP after the blue ribbon report, UCP legislating themselves the right to tear up the agreement with doctors, Shamwow screaming at a doctor for daring to insinuate he and his wife might have a health-care-industry conflict of interest, making rural general practice unsustainable THEN telling new grads their licenses would only be valid to practice in specific (READ: vacated rural) jurisdictions, and kacking up anything and everything to do with COVID…? Probably just the ones that own the private surgical facilities that stand get a lot more business as we brain-drain our hospitals… and maybe those who still have their heads firmly planted in their a**es after 4 years of this BS.

      1. According to Goethe here the UCP Has the backing of every demographic in alberta, probably the most unhinged thing I’ve seen suggested on this blog in a long time. Sure look at is urban / rural you miss the exurban voters and the rural diaspora (who largely leave for cultural reasons) claim that health care workers support the UCP and it would appear you’ve slept through the last three years. Scotiabank even found it necessary to denounce the UCP so I wouldn’t say they’ve universally captured the business class either. The UCP doesn’t even have support of all the people that voted UCP last time. I really, really don’t think you’re considering this rationally.

  6. “Lying is a stupid thing
    But it makes the electorate sing.
    Bound by one desire
    To last till royalties are higher.

    She fell in with a buncha TBA liars
    The UCP is down
    The NDP, higher
    And it burns, burns, burns
    Alberta fire. Alberta fire.

  7. And this is the reason why TBA loves Danielle Smith: she says and does crazy things. But the reason why TBA hates her is that she doesn’t double-down hard enough or uses threats to her (and TBA’s) advantage. At the moment, the tagline for TBA’s events is about representation or action. Clearly, if they can’t get the representation they want, then the action will follow. What that means is anyone’s guess, but one thing is certain: given the rise in the uncertainly over backing someone as politically unstable as Smith, TBA may just decide to oust her from the premiership and pick a new leader.

    Why not? Brian Jean is their premier-in-waiting. All he has to do if organize the revolt in caucus and he and TBA are firmly in the Premier’s Office.

    What does this mean for the upcoming election? There may not be one right away.

    If Smith had her druthers, she would drop the writ next week and get this job done. But I suspect she dithers too much. This is like her first election bid years ago with the WRP and that was a complete disaster. In the end, TBA may decide she doesn’t have the Royal Jelly for the task at hand.

  8. The whole NDP messaging of late has taken on an air of schoolyard tattlers. It goes back to that day Premier Kenney was caught holding an outdoor cabinet meeting high atop the Sky Palace patio couple years back. The NDP was all like OMG! KENNY IS BREAKING THE RULES! THEY’RE NOT WEARING MASKS! THEY’RE NOT TWO METERS APART! I took a stroll along Jasper Avenue that day and the outdoor cafes and bars were full of patrons and they weren’t sitting two meters apart. In politics as in life nobody like a rat.

    1. Right and the UCP hasn’t been running adds blaming Rachel Notley yet again for the global drop in oil prices during her tenure as premier. You heard of politics ? The NDP has a lot to remind people of in the last four years, we’ve been living under one of the most unhinged governments in the history of this province, if the UCP doesn’t want people talking about those things they should have thought about it BEFORE THEY DID THEM.

      Go whine somewhere else.

  9. Bless the Alberta NDP, they never miss an opportunity to miss an opportunity. In the world of politics you can either be the hammer or the nail. Without fail, the NDP chooses to be the nail. Who is advising the NDP?

  10. What is most crucial about this matter is the timing of all of it. The ethics commissioner Marguerite Trussler, who btw was appointed by the UCP in 2014, waited until April to begin an investigation. Why was this not started in January, when the outcome could be finished before the May election? The outcome of the investigation will now be completely meaningless when it’s released after May. Trussler should be under an ethics investigation herself.

  11. Art Pawlowski is the tip of the Coutts iceberg. Are there covert recordings of chit-chats with the premier by other Coutts blockade participants charged with criminal mischief over $5000? Now is the time to bring them forward, if they exist.

    It’s hard to believe that only one had a discussion of his case. As we know, another person charged with “MO5” is with TBA, which is holding the premier’s feet to their brand of hellfire. Why would Art Pawlowski get all the attention, when at least one is in closer proximity to the premier and UCP constituency associations? Is our attention being diverted again?

  12. “the sanctions for a breach of the conflict of interest act is limited to the Legislative Assembly, which is held by a UCP majority.”

    Based on the CBC story I read yesterday, the outcome of Ms. Trussler’s investigation is unlikely to come out before the upcoming election. If that is the case, this likely a non-story: as Irfan Sabir suggested, a re-elected UCP Premier Smith will give herself a slap on the wrist for any transgression the Ethics Commissioner identifies. If the NDP wins the election, their response could be really interesting, but it would likely be moot since the UCP would have likely dumped the leader that cost them the election.

    1. You got it! Exactly. It doesn’t matter much, if the ethics investigation is not complete until after the election. It is an important issue, so Ms. Trussler will probably not be too hasty in coming to her conclusions.

      Interestingly, I also feel if our Ethics Commissioner is consistent with past behaviour the report will be one that whomever the government is then may like. So if Smith loses, I expect it will be harsher, but by that point her party will have already dealt with her anyways.

  13. Chelsae has found her calling.
    The UCP party of blunder and backtrack.
    Frontline nurse who married into business and ranching , and social media-d into politics (read elite not grassroots) finally speaks and with the usual fundamentalist conservative lack of experience and compassion. I really hope someone asks about her opinion on severe injuries while under the influence or addictions , examples closer to home.
    Every study ever says income is the greatest influence on health outcomes is; not moral integrity or “personal responsibility”.
    I’m sure if I was still relatively young and married rich most of my health problems would disappear too.
    TBA backing the right horse here.

  14. Having recently returned from a jaunt into the wilds of rural Alberta, I decided to amuse myself and attend one of TBA’s organizing meetings. Accompanied by my favourite mole, I sat through David Parker’s hour long address to he Rebel Alliance, it became clear to me that Parker’s effort at a populist uprising isn’t much more than a personal vendetta against every CON who has ever wronged him, including Jason Kenny.

    Parker speech, which can be more accurately described as an airing of his personal grievances against everyone he has ever supported politically, (All CONs) played out more like a laundry list of disappointments and outright betrayals. It should be noted, and Parker has no problem admitting it, that he sought out and expected positions of authority equal to his influence. Of course, it appears that no one took his seriously enough to actually give him any position; so Parker engineered TBA’s assault and overthrow of various UCP boards. He wants power and he’s ready to do anything to get it.

    He described Danielle Smith as “intelligent” and “capable”, however, surrounded by those who are “untrustworthy”. He impressed upon the gathering that TBA must press hard and demand that Smith and the UCP MLAs must be unquestioningly obedient to their cause. When faced with the prospect of a return of the NDP to government, Parker could not have been clearer … under no circumstances will that EVER happen, again! Parker pressed the point further … “There will never be a Premier Rachel Notley.”

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