Smith says no COVID-19 pardons because Canadian system doesn’t work like the U.S. | 24CA News

Alberta Premier Danielle Smith says she is not pursuing amnesty for COVID-19 health-rule violators as a result of Canada doesn’t work that method.

“Because we’ve been so influenced by the (United) States, I think that some people think that a premier has the same power as they do in the States of clemency or offering pardons,” Smith instructed the Shaun Newman podcast Monday.

“I’ve not observed that that’s the case in Canada. We just have a different criminal justice and different legal system, and once things have been handed over for prosecution, politicians have to be hands off.”

However, regulation professor Lorian Hardcastle says there’s a method.

Hardcastle says pardoning provisions exist on the federal degree and Ottawa has used them to supply exemptions to these convicted of straightforward legal possession of hashish.

Hardcastle says an identical framework for COVID-19 public well being violations can be uncommon on the provincial degree however might be carried out if Smith’s authorities passes a invoice to arrange the framework.

“She could pass legislation and do this,” mentioned Hardcastle, an affiliate within the University of Calgary’s school of regulation, who focuses on well being regulation and coverage.

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“I think, though, that given her other policy priorities, I’m not sure she would do that, particularly given the heat that she has taken in recent days for some of her comments around interfering in other ways with these cases.”

Smith’s workplace, requested if the premier would take into account such a invoice, mentioned in a one-line assertion: “The government of Alberta is not contemplating any such legislation.”

Smith has come beneath fireplace over COVID-19 prosecutions and pardons after asserting final week she was not pursuing amnesties however as an alternative speaking to prosecutors about how they proceed with instances involving violations of COVID-19 public well being orders.

“It is a bit frustrating, there’s no question, that once the wheels of justice roll on certain cases that there really isn’t anything a politician can do other than watch it play out,” Smith instructed Newman.

“That’s the kind of decision-making we have to leave to the Crown prosecutors.”

Smith has delivered a number of — and at occasions contradictory — explanations for who she talked to and what was talked about concerning prosecutions.

Just earlier than Christmas, she instructed Rebel News she was assembly with prosecutors and urging them to contemplate that she believes the general public is not onside with prosecuting such instances. She mentioned she additionally requested prosecutors to contemplate the instances had been failing in court docket.

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Last week, in a scrum with reporters, Smith repeated that she was speaking to prosecutors however didn’t point out she had requested them to contemplate elements distinctive to the COVID-19 instances.

Instead, she mentioned she solely reminded prosecutors of the overarching tips for pursuing any case: it needs to be within the public curiosity and have an inexpensive probability of conviction.

The Opposition NDP referred to as for an impartial investigation into whether or not Smith interfered within the administration of justice by making an attempt to affect prosecutors.

“(Smith) is either lying now or she was lying then. Clearly lying is happening. There is a lot of lying going on,” mentioned NDP Leader Rachel Notley.

In response, Smith mentioned in an announcement Friday, “my language may have been imprecise.”

In that assertion, Smith additionally mentioned she had not met with prosecutors — an assertion corroborated by the Justice Department — however with Justice Minister Tyler Shandro and the deputy legal professional common to debate “options” on the excellent instances.

A day later, on her Corus radio call-in present, Smith didn’t point out she was looking for choices however mentioned the assembly with Shandro and the deputy legal professional common was about reminding them that the instances must be within the public curiosity and have an inexpensive probability of conviction.

“I’ve never called a Crown prosecutor. You’re not allowed to do that as a politician. Everyone knows that,” Smith instructed her radio listeners.

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Smith has additionally twice in earlier statements mentioned her involvement within the instances is ongoing and that she continues to ask questions as instances got here up.

On the Newman podcast, she recommended that’s not occurring: “I’m watching it all with great interest and watching to see what those judgments are. But I do have to let that process play out.”

Smith has been a staunch advocate of protesters towards COVID-19 well being restrictions.

She turned premier in October after successful the United Conservative Party management and promising to redress perceived abuses of particular person rights and freedoms throughout the pandemic.

As premier, Smith has apologized to these charged beneath the restrictions and referred to as these unvaccinated towards the virus probably the most discriminated group she has seen in her lifetime.

In late October, when requested by reporters about providing amnesty to these prosecuted for breaking COVID-19 guidelines, Smith mentioned she would pursue it.

“The things that come to top of mind for me are people who got arrested as pastors and people given fines for not wearing masks,” mentioned Smith on the time.

“I’m going to look into the range of outstanding fines and get some legal advice on which ones we are able to cancel and provide amnesty for.

“My view has been that these were political decisions that were made and so I think that they can be political decisions to offer a reversal, but I do want to get some legal advice on that first.”

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