Lawyers banned for spying on Manitoba judge By: Brittany Hobson and Katie May Posted: 10:03 AM CDT Monday, Aug. 21, 2023 Last Modified: 6:10 PM CDT Monday, Aug. 21, 2023 Updates

Two lawyers accused of hiring a private investigator to spy on a judge in 2021, as he presided over a challenge to COVID-19 public health orders, have been barred from practising in Manitoba.

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Two lawyers accused of hiring a private investigator to spy on a judge in 2021, as he presided over a challenge to COVID-19 public health orders, have been barred from practising in Manitoba.

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Two lawyers accused of hiring a private investigator to spy on a judge in 2021, as he presided over a challenge to COVID-19 public health orders, have been barred from practising in Manitoba.

John Carpay, president of the Calgary-based Justice Centre for Constitutional Freedoms, and Randal Jay Cameron must each pay a $5,000 fine.

Ayli Klein, a lawyer for the Law Society of Manitoba, told a disciplinary hearing Monday the conduct of Carpay and Cameron was “truly shocking.”

John Carpay, one of two lawyers who are facing charges under the Law Society of Manitoba, after the regulatory body investigated complaints they hired a private investigator to surveil a judge who was hearing a case involving COVID-19 public health orders. THE CANADIAN PRESS/Bill Graveland

“(Their actions) brought the administration of justice into disrepute… every member of the public who hears of this would be appalled,” she said.

“It’s crucial the panel sends an unequivocal message… what they did was unprofessional.”

Klein said banning Carpay and Cameron from practising law in Manitoba is the most serious penalty available.

Both Carpay and Cameron agreed to the law society’s recommendations. Carpay pleaded guilty to breach of integrity, while Cameron admitted to professional misconduct.

Both lawyers represented seven churches that tried in 2021 to overturn Manitoba public health orders which prevented in-person religious services during the pandemic.

“It’s crucial the panel sends an unequivocal message… what they did was unprofessional.”–Ayli Klein

The justice centre, a legal advocacy group, represented churches and individuals across Canada in several court challenges against COVID-19 orders.

Carpay’s lawyer told the hearing his client was not acting as counsel for the Manitoba churches but gave them instructions.

Carpay temporarily stepped down as president of the centre after admitting during the churches’ court challenge that he had hired a private investigator to follow Chief Justice Glenn Joyal of the Manitoba Court of King’s Bench.

It came to light Monday that Cameron had suggested conducting surveillance of high-profile officials, including Joyal, even though he told the judge during a court hearing in July 2021 that he’d only known about the plan for a couple of weeks.

Carpay admitted to hiring the private investigator, and Cameron admitted he’d suggested doing so.

“In particular, Mr. Cameron admitted that on June 8, 2021, he suggested to officials at the Justice Centre for Constitutional Freedoms, including John Carpay, that covert surveillance be conducted of specific public officials, including Chief Justice Joyal, who then had a relevant decision under reserve,” Law Society CEO Leah Kosokowsky said in an emailed statement.

Carpay said his group organized private investigation surveillance on a number of public officials across the country to see whether they were following public health orders.

Joyal later rejected the churches’ challenge and concluded public health orders did not violate the Charter of Rights and Freedoms and that a provincial public health officer had the authority to issue the orders.

Carpay and Cameron still face criminal charges in Manitoba, including attempting to obstruct justice, that were laid in January 2023. The criminal case is in the pretrial stage.

“Mr. Carpay denies any criminal wrongdoing and looks forward to resolving the charges against him,” said a statement from the centre on Monday.

Lawyers for both men told the hearing they never meant to interfere with a case before the courts.

Saul Simmonds, Carpay’s lawyer, told the panel his client’s actions were “misguided” and “inappropriate.”

Carpay told the panel he regretted his actions.

“My intention was not to influence or intimidate the court, but to serve the broader public-interest goals of my employer. Unfortunately, in pursuing those legitimate goals, I lost sight of my current responsibilities as a lawyer to society and to the courts.”

‘A massive reputational hit’

Cameron was not present at the hearing, but his lawyer said his client didn’t intend to scare the chief justice.

“(Cameron’s) professional reputation is tarnished. He likely won’t recover from this,” said Alex Steigerwald.

The law society’s conviction will be registered on the records of both lawyers, who could be on their way to disbarment, a legal expert said.

“This is going to put them a long way there,” said Gerard Kennedy, an assistant professor in the University of Alberta faculty of law, who until recently worked at the University of Manitoba law faculty.

Kennedy said the penalties imposed by the Manitoba law society show the system works.

“We should be heartened at just how rare and bizarre a story this is,” he said. “And how it was universally condemned.”

Carpay founded the justice centre, which has been a registered charity since 2010.

Kennedy said the centre “will, and should, take a massive reputational hit” as a result of Monday’s hearing.

A forthcoming written decision from the disciplinary panel is expected to provide more details on the misconduct.

Simmonds said the Law Society of Alberta was waiting until after the Manitoba hearing to decide wither it would to pursue its own hearing.

The Law Society of Alberta said complaints and investigations are confidential unless a citation is issued and a complaint is directed to a public hearing.

— The Canadian Press, Free Press staff