The Law Society of Alberta has cleared Tyler Shandro of professional misconduct after he confronted a physician at the edge of his driveway four years ago over a social media post, when Shandro was the province’s health minister.
In a decision released Thursday, the law society panel found Shandro not guilty on three citations surrounding his conduct.
Regarding the citation over the driveway dispute, two of the three society panel members said Shandro’s actions that day were as a family man and did not reflect his role as a lawyer. Shandro was not practising law at the time.
“It is clear that Mr. Shandro attended at the home of [Dr. Mukarram Zaidi] as a father and husband, and not principally as the minister of health,” wrote committee members Bud Melnyk and Grant Vogeli.
On that committee member Edith Kloberdanz dissented.
In the report, she said she would find Shandro guilty for his behaviour during the confrontation, saying he didn’t need to visit the doctor’s home uninvited in an emotional state to resolve his concerns.
“The public’s trust and confidence in lawyers is based on the ability of lawyers to manage their behaviour in highly stressful situations and circumstances,” she wrote.
Kloberdanz said the impact on Zaidi and his family “was not given sufficient weight” by the majority, and that she was troubled Zaidi’s children were present for at least some of the incident.
The incident dates back to March 21, 2020. It was a turbulent time. The province had just invalidated its master working agreement with physicians, and COVID-19 was taking hold around the world.
Shandro told the committee that he and his family had been facing serious threats.
The incident began after Zaidi posted on social media a message critical of Shandro while referencing his wife’s company.
That day, Shandro, a Calgary legislature member at the time, went to the Calgary home of Zaidi, asking two boys playing basketball on the driveway to get their father.
Zaidi told the committee that Shandro was crying and “emotionally charged” during a conversation that lasted less than two minutes.
“[It] was a very intimidating experience, seeing the Crown’s representative and a lawyer attending at my house to tell me to delete a post,” Zaidi said, describing Shandro as “his ultimate boss.”
Shandro remembered the incident differently.
The social media post was personal, since it referenced his wife’s business, and the conversation came out of a concern for the safety of his wife, Shandro said, adding he was not yelling or crying.
Shandro testified that Zaidi looked “embarrassed” and asked, “What do I do? Delete the post?”
Shandro said he replied: “You have to decide that for yourself.”
Then-premier Jason Kenney defended his minister at the time, saying it’s understandable that a husband or wife will get passionate when their spouse is being attacked, threatened or defamed.
The committee also looked into Shandro’s decision around that time to phone two other doctors who had been critical of government policy, and to use his government e-mail to respond a member of the public who had sent his wife’s company a complaint e-mail.
Law society lawyers argued the incidents were examples of inappropriate and intimidating behaviour by Shandro meant to muzzle public dissent.
On those two counts the panel unanimously ruled that while Shandro’s behaviour was at times inappropriate, it did not rise to the level of sanction.
Shandro lost his seat in the legislature in last year’s general election and has returned to practising law. He has been a law society member since 2005.
In January, he was appointed to the board of directors of Covenant Health, a publicly funded provincial health provider.
In an e-mailed statement to The Canadian Press, Shandro said he was pleased to be exonerated.
“These complaints were the culmination of years of politically fuelled personal attacks on me and my family,” he wrote.
“These complaints were also based on false allegations, and I have maintained the allegations were baseless and frivolous.
“I look forward to continuing to serve my community.”