Misconduct complaint filed against lawyers after Manitoba judge followed by private investigator

UPDATE: In 2022, the Manitoba law society concluded that there was "no evidence to support a finding of concerning conduct" by Allison Pejovic and they were satisfied she had no knowledge of the surveillance of the judge.

A human rights lawyer is filing a professional misconduct complaint against a Manitoba lawyer, after a member of her team admitted to hiring a private investigator to follow a Manitoba judge presiding over a legal fight against provincial pandemic health orders.

John Carpay, the head of the Calgary-based Justice Centre for Constitutional Freedoms — which launched the court challenge on behalf of a group of Manitoba churches and individuals — admitted in court on Monday that he hired a private investigator to follow Court of Queen's Bench Chief Justice Glenn Joyal.

Ottawa human rights lawyer Richard Warman told CBC News he filed a complaint with the Law Society of Alberta against Carpay and the centre's litigation director, Jay Cameron.

He says he's also filed a complaint against Allison Pejovic, a lawyer from the Justice Centre who is registered with the Law Society of Manitoba.

"I would ask that the Law Society of Manitoba investigate to determine if Ms. Pejovic played any role in the conduct of her firm in hiring a private investigator to spy on Chief Justice Joyal," Warman wrote in his complaint.

Joyal said in court on Monday that he realized he was being followed by a vehicle when leaving the Manitoba law courts building in downtown Winnipeg and driving around the city.  

The private investigator  followed him to his private residence and to his cottage, Joyal said.

Carpay said at a court hearing Monday that he hired the investigator. He said he did not discuss the decision with Justice Centre clients, staff lawyers or members of the board.

On Tuesday, the Justice Centre's board released a statement saying Carpay is taking an indefinite leave from his responsibilities.

Warman wants the law societies in the two provinces to investigate whether Cameron and Pejovic were involved in hiring the private investigator.

"I would hope that, if the complaints are substantiated, that there will be serious consequences, up to and including disbarment," he told CBC News.

"I think this is one of the most serious examples of professional misconduct that I've ever seen."

Pejovic did not respond to requests for comment. The Justice Centre said it would not comment while complaints are being adjudicated.

Deirdre O'Reilly, a communications officer for the Law Society of Manitoba, said in an email that any conduct that calls into question the integrity of a lawyer may be investigated by the society, but wouldn't say if it is investigating Pejovic.

She added that the professional code of conduct prohibits a lawyer from trying to influence a decision by the court or any other tribunal other than as an open advocate.

"The law society would be very concerned if a lawyer were found to have attempted to improperly influence the cause of justice by hiring a private investigator to follow the judge who is presiding over the matter," O'Reilly wrote in the email.