Auditor general denies that Alberta government using lawyer for investigation is normal

Alberta's auditor general is contradicting the provincial government's assertion that it is normal to have lawyers involved in its investigations.

On Wednesday, some health ministry staff members received an email — which CBC News obtained — that told them to direct members of the office of the auditor general to the government's legal counsel if they are contacted as part of the investigation into the government's health-care procurement practices.

The email included an example of how staff can respond to a request from the auditor general's office. The sample email's wording suggested the lawyer will act as a point person to coordinate interviews.

"We were not aware of, nor did we endorse, that proposed action. This is not a standard practice our office typically encounters in the course of its work," Cheryl Schneider, spokesperson for the office of auditor general, told CBC News in an email Friday.

Multiple investigations have started since former Alberta Health Services (AHS) CEO Athana Mentzelopoulos launched a $1.7-million lawsuit against her ex-employer and Health Minister Adriana LaGrange.

Mentzelopoulos alleges that she was wrongfully dismissed after launching an internal investigation and forensic audit into health-care contracts, and reassessing deals with private surgical companies she felt were overpriced and had links to government officials.

The government and AHS have said Mentzelopoulos was fired because she failed at her job and worked to stop mandated health-care reform. 

No allegations have yet been proven in court.

Auditor General Doug Wylie publicly announced his investigation in February, before Mentzelopoulos filed her lawsuit. At the time, he said the relevant parties were informed about the probe on Jan. 31.

Wylie's investigation focuses on the government's procurement practices for chartered surgical facilities, medication — ibuprofen or acetaminophen — and COVID-19 personal protection equipment. It will also examine the effectiveness of management and control processes, including governance and oversight.

The Alberta government was previously criticized for its PPE purchasing early in the pandemic, and a $70-million deal to buy children's pain medication from Turkey-based Atabay Pharmaceuticals, which involved MH Care, an Edmonton-based medical supplier. The deal, made during a North American shortage in 2022, has not yet been fulfilled.

The Alberta government, including Premier Danielle Smith, has previously stated that it takes seriously Mentzelopoulos' allegations of political interference and conflicts of interest, and that it will be transparent with Wylie's team because it wants to address any wrongdoing.

Justice Minister Mickey Amery reiterated the government's stance during Thursday's question period.

The Opposition NDP, which for months has accused the governing United Conservative Party of a cover-up, pressed about the email sent to health staffers, claiming it amounted to a gag order.

"The opposition can make all the allegations that they want. They're simply untrue," Amery said.

A spokesperson from LaGrange's office later told CBC News in an email that public servants having a lawyer, or ministry senior staff, present during interviews with the office of the auditor general is "standard practice," because it ensures procedural fairness and helps staffers understand "their rights, obligations, and the scope of their participation in the investigation."

Unionized staff can also ask for union representation, the spokesperson added.

The email's instructions are "the standard process" during such investigations, they said, adding that Wylie's office knew of — and approved — coordinating interview and documentation requests through legal counsel.

Schneider, from the auditor general's office, denied that.

News of the email surprised Wylie, and the office plans to clarify why it was sent, Schneider said.

Wylie will do "everything necessary within his power" to access the information and people he needs for the investigation, she added.

The Health Ministry has shared more than 13,000 documents with Wylie's office and has fully cooperated with all requests, the spokesperson from LaGrange's office said.

Retaining the lawyer is an effort to coordinate interviews, manage record collection and help Wylie's office through its investigation, they said.

"This is not about impeding the investigation," they said.

The premier echoed that Saturday. During her bi-weekly radio program on 880 CHED, she said the lawyer will be a single point of contact to help make the process more efficient.

"I suppose the auditor general could just be randomly trying to call people, or we could have somebody who's a navigator to help coordinate who he needs, what he needs," Smith said on air.

She has also directed Amery to check in with Wylie, to see if the government can solve any errors that were made, or help with any problems he may have, she said.

"We want to be able to facilitate access, facilitate the transfer of documents, and give him whatever he needs," Smith said.

On Thursday, party leader Naheed Nenshi again called for a public inquiry.