Shandro's appointment as justice minister puts law society in awkward position, law professors say

Calgary MLA Tyler Shandro should not have accepted the role of justice minister while he's under investigation by the Law Society of Alberta, a group of University of Calgary law professors say.

In a blog post this week, professors Shaun Fluker, Martin Olszynski and Nigel Bankes say Premier Jason Kenney's latest cabinet shuffle shows disregard for the law society, which regulates lawyers in the province.

"Premier Kenney should not have put the Law Society, a statutory body, in this invidious position and, in the circumstances, Minister Shandro should have declined the appointment," they write.

"Premier Kenney has not only misrepresented to the public the substance of the Kent report, but he has also demonstrated his disrespect for the processes of a professional disciplinary body, a body that also plays an important role in maintaining the rule of law in Alberta."

Kenney shuffled his cabinet on Friday after releasing the findings of a report into the actions of former justice minister Kaycee Madu by former Court of Queen's Bench judge Adèle Kent.

Kenney moved Madu into Shandro's former post as minister of labour and immigration, and moved Shandro into the justice and solicitor general portfolio.

Shandro is awaiting a disciplinary hearing before a law society conduct committee.

He's facing three allegations of professional misconduct, including an accusation that he used his former post as health minister to get the private phone numbers of doctors who protested his public appearance at a hospital.

As of Tuesday, the law society had not set a hearing date.

Alberta's justice minister is responsible for the Legal Profession Act, the law that empowers and guides the functions of the society.

The act gives the minister an honorary bencher role, in which he may attend meetings. The act requires the society to routinely submit reports to the minister. Benchers are a group of lawyers and others who govern the society.

The minister also appoints members of the public to sit on the society's governing body.

In an email, law society spokesperson Colleen Brown said benchers don't invite the minister to meetings.

" ... And under no circumstances would a minister of justice have access to information that pertains to our regulatory (disciplinary) functions," she said.

The society would not comment on Shandro's appointment as justice minister.

"It is important for hearings to be conducted in a fair and unbiased manner, no matter who the lawyer is, or what position they hold," Brown said.

Fluker, one of the law professors who wrote the blog post, said Shandro and the society are now in an awkward situation.

If a disciplinary committee exonerates Shandro, the public may perceive it was because of his influence, Fluker said. If Shandro is found guilty by a disciplinary committee, it may put a strain on the relationship between him and the law society.

"We're talking about the perception that the public holds, which, frankly, is really the most important aspect of all of this," Fluker said. "And to me, that's the most problematic part of where we find ourselves."

Shandro's press secretary, Alex Puddifant, said no benchers, including honorary benchers, are involved in the society's day-to-day operations, except to sit as adjudicators.

'Sad day for democracy'

Honorary benchers may not participate in the society's disciplinary proceedings, he said.

NDP justice critic Irfan Sabir said it's baffling that Kenney didn't choose a different MLA to be justice minister.

"That's a sad day for Alberta," Sabir said. "That's a sad day for democracy, and that's a sad day for the rule of law in this province."

Kenney had asked Madu to "step back" from cabinet in January after CBC News revealed that Madu called Edmonton police Chief Dale McFee last year after being issued a distracted driving ticket.

Kent's investigation found Madu attempted to interfere with the administration of justice by calling the chief, but did not succeed.

In their blog post, the Calgary law professors say that when Kenney announced Kent's findings on Friday, he failed to disclose all three of Kent's conclusions.

"Specifically, he failed to mention that Minister Madu was found to have attempted to interfere with the administration of justice," they write.

"A person reading the premier's statement could be forgiven for thinking that Ms. Kent had only delivered a mild rebuke to Minister Madu. Nothing could be further from the truth."

Kenney shuffled Madu into Shandro's former post as minister of labour and immigration.

The law professors and Sabir said Madu should have been removed from cabinet entirely for how he handled the traffic ticket situation.