Alberta NDP releases video of Premier Danielle Smith admitting to contacting prosecutors

The Alberta NDP released a video Wednesday where Premier Danielle Smith is heard on a call saying she has spoken to prosecutors “almost weekly” about COVID-19 charges.

Smith has since confirmed she was speaking with controversial Calgary pastor Artur Pawlowski, who is facing a criminal mischief charge related to a speech he gave at the Coutts border blockade.

Pawlowski is also charged under the Alberta Critical Infrastructure Defence Act with willfully damaging or destroying essential infrastructure.

The blockade that began in late January 2022 paralyzed Alberta’s main U.S. border crossing for more than two weeks.

In the conversation that took place in late January, Pawlowski asks Smith about some type of clemency toward his case.

“I am still on house arrest, facing 10-and-a-half years of imprisonment for my speech,” Pawlowski said.

“And, of course, that’s very concerning to me because I came to a conclusion that I don’t think I have an option except to start swinging your way because of the promises that were never fulfilled.”

Premier Smith says she was hesitant to go public with her support of Pawlowski and others because that got Prime Justin Trudeau in trouble in the Jody Wilson-Raybould situation.

“What we discovered in how our justice system works, is they don’t really have the power of clemency the way a U.S. president or a governor in the United States. That’s not quite the way our system works,” Smith can be heard telling Pawlowski on the call.

“Once the process is underway, I can ask our prosecutors is there a reasonable likelihood of conviction and is it in the public’s interest.

“I can assure you, I have asked them (prosecutors) that almost weekly ever since I got started here.”

NEW:

In a leaked video chat with Artur Pawlowski, Premier Danielle Smith says “I can assure you, I have asked them (prosecutors) that almost weekly ever since I got started here” about COVID prosecutions. #yeg #yyc #ableg pic.twitter.com/Ypy2ywinBM

— Courtney Theriault (@cspotweet) March 29, 2023

Premier Smith says she was hesitant to go public with her support of Pawlowski and others because that’s what got PMJT in trouble in JWR situation.

She adds that she assumed that Premiers had clemency powers like U.S Governors. pic.twitter.com/D4DT8WFe4Q

— Courtney Theriault (@cspotweet) March 29, 2023

Pawlowski is heard in the video asking Smith to meet with her publicly to discuss the political “witch hunt” he has faced, to which Smith says “I doubt very much that this is being driven by the Minister.”

“I have also raised this with the deputy minister to let him know my dissatisfaction with the tactics,” Smith answers. “So can you just leave this with me and I’ll make that request one more time? My principal policy advisor Rob Anderson has been doing most of my work with Justice in pushing this along.

“There was a case where they did something along the same lines as a document dump. And then they just abandoned the case. They didn’t prosecute it the next day.”

She adds that “once the ball is rolling,” prosecutors have to be independent and that she can only ask them two questions once cases are underway.

However, Premier Smith then also says she doesn’t think it’s politically driven now.

Adds that once the ball is rolling, that prosecutors have to be independent and that she can only ask them two questions once cases are underway. #yeg #yyc #ableg pic.twitter.com/cZZcqgDEIK

— Courtney Theriault (@cspotweet) March 29, 2023

While talking with Pawlowski, Smith said she was very “sympathetic” to his situation.

“Everybody has moved on from COVID, and we’re dealing with a bunch of charges,” she said.

“It was a political decision that initiated this, but it can’t be a political decision to end this, and I find that very frustrating about the whole thing.”

NDP voice concerns, Smith responds

Alberta NDP critic Irfan Sabir, who shared the video publicly in a news conference, says it’s “a very concerning conversation.”

“For anyone accused of criminal charges, getting face time with a premier at all is extraordinary and unheard of,” Sabir told reporters.

“She should not be talking to someone who was accused of criminal charges and telling them that she’s somehow looking into it after denying (it a) few times that she has not contacted to grant prosecutors.”

In a statement released Wednesday, Smith said the conversation should not come as a “shock,” saying she spent lots of time before and after her leadership “talking to hundreds of Albertans about COVID-related public-health orders.”

“As I have previously stated, I had my staff work with the Ministry of Justice to determine if anything could be done to grant amnesty for those charged with non-violent, non-firearms COVID-related charges,” her statement reads.

“As also indicated previously in multiple interviews, I received a legal brief from the Ministry of Justice recommending against pursuing amnesty further, as several matters involving this issue were and still are before the courts. I have followed that advice.

“At no time have I spoken with the anyone from the Alberta Crown Prosecution Service, nor to my knowledge have any of my office’s staff. Allegations to the contrary are defamatory and will be dealt with accordingly.”