The Alberta government on Monday appointed former chief judge of the Provincial Court of Manitoba Raymond Wyant to lead the investigation into corruption allegations against Alberta Health Services. The investigation is set to end by June 30 this year, with a published final written report and recommendations.
Following the mandate, Raymond Wyant will serve as the independent investigator to consider whether procurement decisions made by Alberta Health and Alberta Health Services (AHS) were consistent with the government’s policy objectives and appropriately within their statutory authorities. The mandate also requires the investigator to review any potential public misconduct and relevant provincial legislation that requires reforms.
Alberta Premier Danielle Smith made the appointment under the Government Organization Act. The act allows members of Alberta’s Executive Council to engage with any experts to advise them on matters under their administration.
This raises concerns about the impartiality of the investigation as the premier herself will also be the target of the investigation. Leader of Alberta New Democratic Party Naheed Nenshi argued that the terms of appointment limit Wyant’s authority to conduct an effective investigation because he cannot subpoena witnesses and solicit evidence from them under oath. Nenshi also expressed his concern that the evidence available to the investigation will only be those provided by the government. Similarly, Public Interest Alberta also called on the Royal Canadian Mounted Police to initiate an investigation under the Public Inquiries Act to ensure due process and independence of the inquiry.
The wrongful termination lawsuit filed by former AHS CEO Athana Mentzelopoulos against AHS and the provincial government opened the recent controversy. In the lawsuit, Mentzelopoulos alleged that she was fired after she began investigating the allegedly overpriced surgery contracts between AHS and for-profit medical companies, including Alberta Surgical Group and MHCare. The lawsuit also contained allegations against Smith, including the political pressure exerted by her former chief of staff to approve the impugned contracts and the serious conflict of interests between the premier and MHCare.
Smith and Minister of Health Adriana Lagrange denied any allegations of personal gains and involvements, emphasizing that procurement decisions are made independently by the AHS. In the press conference, Smith also claimed to have implemented a “legal conflict wall” to ensure that none of the named parties in the lawsuit will be able to impact the investigation.
Relatedly, former Alberta Minister of Infrastructure Peter Guthrie resigned on February 25, expressing concerns about the procurement practices across all Alberta government departments. In his letter of resignation, he added:
As Minister of Infrastructure, I had line of sight into these processes and took step to address inconsistencies and recommend improvements as part of my fiduciary duty. This included introducing Bill 13 and proposing a Financial Oversight Committee to review and advise on major government contracts. If implemented, such a committee could have been instrumental in preventing some of the issues we are now seeing in Alberta Health and AHS. Unfortunately, the majority of the Cabinet does not appear to share my concerns.
