Phone call by Alberta justice minister attempt to interfere with administration of justice: inquiry

By Ian Burns

Law360 Canada (February 28, 2022, 12:44 PM EST) -- Kaycee Madu is out as Alberta’s justice minister after an investigation by a Court of Queen’s Bench justice concluded that he attempted to interfere with the administration of justice by making a phone call to Edmonton’s police chief after receiving a ticket for distracted driving.

The inquiry was set up in January after revelations about the call, during which Madu, a Black man, raised concerns to Chief Dale McFee that he had been racially profiled. But in her report, which was made public Feb. 25, Justice Adèle Kent noted there is a process “that the Minister knows well” to address questions of police conduct.

“It does not start with a phone call to the Chief of Police,” she wrote. “The very fact that the purpose of the call was to obtain assurance that the police were acting properly rather than going through appropriate channels is an attempt to interfere with the administration of justice.”

Former Alberta justice minister Kaycee Madu

Former Alberta justice minister Kaycee Madu

The inquiry also concluded that there was nothing about the stop to lead to the conclusion Madu was racially profiled, but Justice Kent wrote his explanation for the call is “one that deserves recognition.”

“Being angry, wanting assurances that he was not racially profiled are all understandable reactions, given the context of the phone call. I accept that as a Black man who was addressing relations between racialized people and the police, he could have questioned whether the traffic stop was motivated by race,” she wrote. “The fact that it was not motivated by race is different than his belief that it could have been.”

The report also said the phone call also created a “reasonable perception” of an interference with the administration of justice, but the conversation did not reach the point where Madu actually asked the chief to do something about the ticket.

“The Chief told the Minister about his options to deal with a traffic ticket and that essentially ended the call,” she wrote.

After the report was released, Premier Jason Kenney appointed Tyler Shandro to the position of Minister of Justice and Solicitor General, with Madu taking on Shandro’s former portfolio of labour and immigration. Sonya Savage, who had been serving as interim justice minister, continues as Minister of Energy.

In a statement, Kenney said he concluded it would be appropriate for Madu to step aside from the justice portfolio given “the unique role of the office.” The statement referenced Justice Kent’s findings the phone call could create a reasonable perception of interference, but did not address her conclusion that Madu attempted to interfere with the administration of justice.

“It is clear from the report that his motivation in making the call was not to reverse the ticket but to raise broader concerns, particularly related to racial profiling,” he said. “I would like to thank Minister Madu for his critical work in addressing racism in Alberta’s justice system and for ending police carding in Alberta. I know that he will continue to be a strong advocate for equality of opportunity.”

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