Alberta law society reprimands ex-justice minister Kaycee Madu, orders $39K payment

Alberta's law society has formally reprimanded former provincial justice minister Kaycee Madu.

He has also been ordered to pay nearly $39,000 in costs, pending his appeal of the discipline decision.

Madu was found guilty last year of conduct worthy of sanction over a phone call he made to Edmonton's police chief after receiving a traffic ticket in 2021.

A Law Society of Alberta panel issued a formal reprimand Monday and ordered Madu to cover hearing costs, rather than suspend his law licence or disbar him.

Panel chair Tamela Coates told Madu that he was one of the most high-profile lawyers in the province when he breached his professional duties.

"You have failed in your commitment and obligations as a lawyer. That failure is even more egregious given the unique role you were vested with at the time of the events," Coates said.

"You should not take this reprimand lightly. These are not simply words. Your conduct has been found markedly wanting."

The former United Conservative MLA was issued the ticket for distracted driving on March 10, 2021 by an Edmonton police officer. The officer said Madu had his cellphone in his hand while driving in a school zone.

Madu then called Edmonton police Chief Dale McFee to discuss the $300 ticket.

Madu told a hearing last year he didn't call McFee about the ticket, but was looking for reassurance that he wasn't being racially profiled or illegally surveilled.

In a statement posted to his social media accounts Monday, Madu said he maintains his innocence.

He pointed to the "sensitive matters" he was dealing with at the time in 2021 — which he also gave evidence about during the law society hearing last summer — including the investigation into improper surveillance of former NDP MLA Shannon Phillips by Lethbridge police officers, and work on legislation to ban carding.

"I want to be clear that contrary to the media narrative and the perception that seems to be furthered in this decision, I never asked the ticket issued by the police officer to be cancelled, I only raised a reasonable concern about two issues — racial profiling and police surveillance," Madu said in the statement.

Public attention on the case

When news of the phone call was made public in 2022, Madu was removed from the justice portfolio by then-premier Jason Kenney.

An investigation report by retired judge Adèle Kent subsequently found Madu had tried to interfere with the administration of justice.

Kenney would later make Madu labour minister, and Madu briefly served as deputy premier under Danielle Smith.

Madu has been working as a lawyer in a private practice since losing his Edmonton-South West riding to the NDP's Nathan Ip in the last provincial election.

A panel of law society members issued a decision in October, finding that Madu's actions were irresponsible, and that he tried to use his position of power to influence a personal issue.

On Monday, the panel rejected Madu's request to have the law society's decision stand as the reprimand instead of issuing a written sanction report further detailing their reasons for the sanction.

Madu's lawyer, Perry Mack, argued the public attention the case garnered is already inescapable.

"To the extent the panel wishes to express disapproval of a phone call, that has already been achieved and the public knows that," Mack said.

Mack said the law society should be aware of "the impact beyond the room." He said Madu has already experienced public consequences in the form of Kent's report and "widespread media attention."

But Ken McEwan, counsel for the law society, argued that would be "unprecedented" under Alberta legislation that governs the legal profession.

"The public attention indeed calls for Mr. Madu not to be treated as if somehow there is something unusual or remarkable about these circumstances," McEwan said. "That's already been rejected by the panel."