The Law Society of Alberta has disbarred two Calgary lawyers for hiring a private investigator to surveil a Manitoba judge in an attempt to catch him violating COVID-19 public health protocols. The society deemed their actions as professional misconduct that undermined judicial independence. The lawyers, John Carpay and Jay Cameron of the Justice Centre for Constitutional Freedoms (JCCF), are now prohibited from practicing law in Alberta.
The decision, outlined in an 18-page report released on Tuesday, emphasized that lawyers must uphold honor and integrity in their conduct. Carpay and Cameron’s failure to do so led to their disbarment. The lawyers are contemplating an appeal against the ruling.
In response to the disbarment, Carpay labeled the decision as a “vindictive abuse of process” in a statement on the JCCF website. Despite Carpay’s attempt to resign in December 2023, the Law Society of Alberta rejected his resignation, triggering further disciplinary actions. Carpay criticized the society’s actions as retaliatory and unnecessary.
The professional misconduct stemmed from an incident in 2021 when Carpay and Cameron hired a private investigator to observe Manitoba Justice Glenn Joyal while challenging the constitutionality of COVID-19 restrictions. The investigators’ actions, which included following Joyal and interacting with his family, were condemned as an assault on judicial independence by the law society panel.
During the hearing, Carpay expressed regret for the decision to hire the investigator, acknowledging it as a significant error in judgment. Despite his remorse, the panel questioned the credibility of Carpay’s testimony, citing inconsistencies and gaps in his statements.
Both Carpay and Cameron face a lifetime ban from practicing law in Manitoba and a three-year nationwide ban as part of a peace bond agreement following criminal charges. The law society deemed the severity of their misconduct warranted disbarment to uphold the integrity of the legal profession. Additionally, they were ordered to pay costs associated with the disciplinary proceedings.
The lawyers’ actions have had profound consequences on their careers, with Cameron’s reputation irreparably damaged and Carpay facing significant legal repercussions as a result of their misguided decision to surveil a sitting judge.