Calgary lawyers who had Manitoba judge followed fight disbarment

The two Calgary lawyers who hired a private investigator in 2021 to follow a Manitoba judge who'd been presiding over their court challenge of COVID-19 public health restrictions should be disbarred for their dishonourable professional conduct, argued a prosecutor for the Law Society of Alberta on Wednesday.

The law society hearing took place this week to determine what sanctions will be imposed against Justice Centre for Constitutional Freedoms president John Carpay and Jay Cameron, the litigation director for the organization at the time.

While law society lawyer Karl Seidenz asked the panel to impose the "maximum sanction" of disbarment, lawyers for the two men are fighting to keep them employed in their chosen profession, arguing the pair have already faced significant consequences.

'Professional disgrace'

Cameron's lawyer, Alex Steigerwald, told the court that his client's reputation is "irreversibly tarnished" and said he had "experienced professional disgrace." 

"The consequences of his actions have already been severe," argued Steigerwald, telling the panel that Cameron is the sole breadwinner for his family and hasn't been able to practise law since 2022. 

• Lawyers barred from practising law in Canada for 3 years after having Manitoba judge followed in 2021

Steigerwald asked the law society to impose a suspension that would run concurrently with the three-year Canada-wide practising prohibition, issued by a Manitoba judge, which is set to expire in October 2026.

Carpay's lawyer, Alain Hepner, also asked the law society panel to impose a suspension. 

"This is a case of an error in judgment for which he's apologized," said Hepner. 

The panel reserved its decision. 

Carpay testifies

As part of the misconduct hearing, Carpay was called by his lawyer to testify. 

Carpay called the decision to hire a PI "the worst error in judgment I've ever made in my legal career."

In the spring and summer of 2021, the justice centre was involved in a court case challenging COVID-19 restrictions, presided over by Manitoba Justice Glenn Joyal. 

On June 1, 2021, photos were released of then-Alberta premier Jason Kenney dining with several of his top ministers on the patio of a government building nicknamed Sky Palace. Although restrictions had been recently relaxed, there were questions about whether the politicians were properly distanced and/or having indoor encounters as well. 

A week later, Cameron, the lead litigator in the court challenge to the constitutionality of public health orders, emailed Carpay, suggesting the justice centre hire a PI in hopes of catching Joyal and others breaching government-imposed restrictions. 

"We know most of these jokers aren't following their own laws," wrote Cameron. 

'Most embarrassing moment of my life'

Carpay went ahead and hired an investigator, instructing him to follow Joyal, Manitoba's chief medical officer of health and the premier. 

On July 12, 2021, Justice Joyal called the parties into court after he noticed he was being followed. 

The judge also learned that the private investigator had, days earlier, sent a teenage boy to knock on his door. The boy spoke with the judge's daughter but when she asked who he was, he "got nervous" and ran to a waiting car.

When confronted in court that day, Carpay admitted to the judge that he'd hired a PI.

"Monday, July 12, 2021, is probably the most embarrassing moment of my life," Cameron said while being questioned by Hepner. 

'I've paid a very heavy price'

Carpay testified that he's apologized numerous times, to numerous people, including a letter written to Justice Joyal. 

The decision to have the judge followed was a "grave error in judgment," he said.

"I've paid a very heavy price for this."

Carpay and Cameron were ultimately arrested and charged with obstruction of justice and intimidation of a justice system participant.

In 2023, the pair entered into a peace bond, the conditions of which include a three-year ban on practising law in Canada. In exchange, their criminal charges were withdrawn.

In that case, the judge who accepted the peace bond called the men's actions "unprofessional, unethical and dishonourable," and said their behaviour was "nothing short of an affront on the administration of justice."

Carpay 'traumatized' by arrest

While Carpay says he's remorseful, he stood by his denouncement of the criminal prosecution, calling it "utterly baseless" and "politically motivated."

After his arrest, Carpay spent nearly a full day in custody. 

"I was quite traumatized by the whole experience of being locked up for 23 hours," he told the panel. 

The men also faced Law Society of Manitoba citations. 

As part of those proceedings, both men were banned for life from practising law in that province. 

And they agreed to each pay a $5,000 fine. On top of that, Carpay said he has had to fork out "tens of thousands of dollars in legal bills."

Lawyers deleted evidence

In 2023, Carpay tendered his resignation from the Law Society of Alberta.

In arguing for disbarment, the lawyer for the law society pointed out Cameron and Carpay's post-offence conduct, which involved deleting evidence. 

Seidenz referred to a document in which Cameron said he'd been told by Carpay to instruct the PI to delete all communications and to refrain from speaking to police.

During questioning on Wednesday, Carpay said he didn't recall that instruction.

"You don't recall advising the person in charge of the litigation to delete evidence?" questioned Seidenz.

Carpay responded that it was "quite possible that happened but I don't have a recollection of it."