Alberta Health CEO Fights Defamation Suit, Citing Public Interest and Privilege

The former CEO of Alberta’s health authority is seeking to have a defamation lawsuit against her dismissed. The lawsuit was initiated by the former chief of staff to Premier Danielle Smith. The former CEO argues that her statements regarding political interference in procurement are protected by legal privilege and are in the public interest.

The lawsuit was filed by Marshall Smith, the Premier's former aide, who claims that the former CEO, Athana Mentzelopoulos, misrepresented their discussions to suggest he improperly pressured her to benefit certain private companies. He alleges this has caused him emotional distress, depression, humiliation, and difficulty finding employment. He is also suing The Globe and Mail and reporter Carrie Tait for their coverage of Ms. Mentzelopoulos’s allegations.

In her defense, Ms. Mentzelopoulos asserts she did not defame Mr. Smith and that he has not suffered any damages. She claims her statements are immune from legal action because they were made within the context of her own judicial proceedings. She also argues that Mr. Smith has exaggerated the harm he experienced and downplayed his involvement in the contracts that raised her concerns.

Ms. Mentzelopoulos alleges that Mr. Smith abused his powers and influence by attempting to involve himself in Alberta Health Services' procurement and human resources matters, which should remain independent. She was dismissed from her position as CEO in January, shortly after launching an investigation into supply contracts and deals for private surgical facilities. She is also suing the province for wrongful dismissal, claiming her termination was partly due to the investigation she initiated.

The allegations of political interference are under investigation by the RCMP, Alberta’s Auditor-General, and Raymond Wyant, the former chief judge of the Provincial Court of Manitoba. Mr. Smith, in an e-mailed statement, stated that her statement of defence contradicts claims she made in her own wrongful dismissal suit.

The Globe and Mail, in its statement of defence, maintains that the allegations of political interference are a matter of significant public interest and that it intends to continue its reporting. One of the private companies under investigation was MHCare Medical, owned by Alberta businessman Sam Mraiche. Ms. Mentzelopoulos alleged that Mr. Smith told her he “‘would be taken care of for the rest of his life,’ somehow in relation to ‘Sam.’”

In her more recent statement of defence, she claims this comment was made during a discussion about an anonymous Twitter account, not in relation to procurement issues involving MHCare. MHCare's lawyer stated that this represents a shift in her claims. Ms. Mentzelopoulos has also expressed concern about information leaks related to Judge Wyant's investigation.