The Law Society of Alberta has disbarred two Calgary lawyers for engaging in professional misconduct by hiring a private investigator to surveil a Manitoba judge with the intention of catching him violating COVID-19 public health regulations. The lawyers, John Carpay and Jay Cameron, who were affiliated with the Justice Centre for Constitutional Freedoms (JCCF), are now prohibited from practicing law in Alberta.
The decision, outlined in an 18-page report released by the Law Society, stated that the lawyers’ actions were deemed as an assault on judicial independence. Alain Hepner and Alex Steigerwald, legal representatives for Carpay and Cameron, are contemplating an appeal against the disbarment ruling.
Carpay criticized the disbarment as a “vindictive abuse of process” in a statement published on the JCCF website. Despite Carpay submitting a resignation letter in December 2023, the Law Society of Alberta declined to accept it, leading to further disciplinary procedures.
In 2021, Carpay and Cameron were involved in a legal case challenging COVID-19 restrictions in Manitoba presided over by Justice Glenn Joyal. They hired a private investigator to monitor Joyal, hoping to find evidence of him breaching pandemic-related rules. The judge became aware of the surveillance, confronted the lawyers, and discovered that the investigator had visited his residence and spoken with his daughter.
The panel at the law society hearing characterized the lawyers’ actions as detrimental to judicial independence and emphasized the importance of respecting the judicial system. Carpay expressed regret for the decision to hire the investigator, describing it as a significant error in judgment, although he defended the surveillance as a means to address public policy concerns.
The panel raised concerns about Carpay’s credibility, noting inconsistencies and gaps in his testimony. Carpay claimed to have forgotten about crucial emails related to hiring the investigator and denied any connection between the surveillance and the court case, despite categorizing the investigator’s expenses as litigation costs.
Both Carpay and Cameron are already prohibited from practicing law in Manitoba for life and are currently serving a three-year nationwide ban as part of a peace bond agreement. The law society panel emphasized the severity of their misconduct, leading to the decision of disbarment as the most appropriate disciplinary action to uphold the integrity of the legal profession. Additionally, Carpay and Cameron were ordered to cover incurred costs of $7,457.50 and $5,270.63, respectively.
Steigerwald, representing Cameron, highlighted the adverse impact on his client’s livelihood and reputation, underscoring the lasting repercussions of the incident on their professional careers.
