Alberta's legal regulator has dismissed a pair of disciplinary charges against separatist lawyer Jeffrey Rath, after finding his COVID-era correspondence with high-profile public figures did not breach professional standards.
Background of the Case
Rath, a lawyer for the Alberta Prosperity Project, faced three citations under the Legal Profession Act following complaints to the Law Society of Alberta. The citations alleged that Rath threatened to bring criminal charges for murder, war crimes, and crimes against humanity against federal and provincial officials to gain a benefit for clients involved in COVID-19 vaccine litigation.
Additionally, Rath was accused of improperly contacting then-AHS CEO Verna Yiu regarding the use of Fluvoxamine in COVID treatment, despite a warning from her lawyer. Yiu was a defendant in a lawsuit Rath brought on behalf of doctors disciplined for refusing COVID vaccines.
Committee's Decision
After a hearing in January, a three-member law society committee found that while Rath sent the letters and emails, they did not violate law society rules. On the first count, the committee said it was unconvinced Rath's messages were intended to benefit a client. In the letter to federal officials, Rath claimed to write on behalf of Canadian parents of five to 11-year-old children, asking for a criminal investigation into Pfizer over its COVID vaccine.
The committee noted that the reference to parents was too vague to establish Rath was acting on behalf of a client. It believed Rath when he said he was motivated by his view of the public interest rather than trying to gain an upper hand in a legal case.
“Mr. Rath may be guilty of excessive hubris in presuming to know the public interest and assuming he could speak on behalf of this broad range of the populace, but the committee accepts that he was motivated by genuine concerns,” the committee said in the May 25 decision. It added, “In coming to this conclusion, the committee is not in any manner approving or condoning the tone or civility of Mr. Rath's communications.”
Ruling on the Yiu Email
The committee also ruled in Rath's favor regarding the Yiu email. It stated that the rule barring lawyers from contacting people represented by counsel is intended to prevent opposing lawyers from communicating with parties about specific legal cases. The response from Yiu's lawyer instructing Rath not to email her was “vague, ambiguous or cryptic” as to the scope of his retainer, the committee found.
Remaining Citation
Despite the dismissal of two charges, Rath will still face a sanction hearing on another citation. He has admitted to using language that was “discourteous, offensive or otherwise inconsistent with the proper tone of professional communication from a lawyer.” Ed Halt, his lawyer, acknowledged that Rath was at times “overly aggressive.”
The case highlights ongoing tensions between legal professionals and regulatory bodies over conduct during the pandemic. Rath's actions, while not deemed a breach of professional standards in these instances, have drawn scrutiny for their aggressive tone.
