Alberta lawyer touting '51st state' support facing law society citation for allegedly threatening criminal charges 'to gain a benefit for a client'
An Alberta lawyer who appeared on Fox News to discuss the province joining the United States is facing professional misconduct allegations in a separate case, with claims he “threatened criminal charges, including for murder, in an attempt to gain a benefit for a client.”
Jeffrey Rath, a Foothills-based lawyer specializing in treaty and Indigenous rights and environmental law, said in an interview with Fox & Friends Thursday he plans to lead a “delegation” to Washington, D.C., to seek a meeting with Trump administration officials to discuss statehood for Alberta.
Rath said “hundreds” of Albertans have reached out about joining the group, and they are interested in discussions “to explore the benefits of either Alberta becoming an independent sovereign nation with economic union to the United States, becoming a U.S. territory, or pursuing full statehood.”
Rath cited the carbon tax and equalization as justification for the move and claimed Albertans have more in common with states like Montana than Eastern Canada.
Fox billed Rath as an Alberta lawyer in both its headlines and onscreen chyrons.
According to his publicly accessible Law Society of Alberta page, Rath is facing seven citations for alleged unprofessional conduct. The citations have not been proven and a disciplinary hearing has not been scheduled.
In a phone call with Postmedia following his Fox appearance, Rath denied the allegations.
“They’re all in the process of being resolved, and especially the most explosive one — the one alleging that I would actually be stupid enough to threaten murder charges to resolve a civil dispute — is factually incorrect, and that is not what happened, period, full stop,” he said.
Five of the citations are dated Oct. 22, 2024. In addition to the claim he threatened criminal charges, the citations allege Rath:
- “Sent correspondence and communicated in a manner that was discourteous, offensive or otherwise inconsistent with the proper tone of professional communication from a lawyer”
- “Took steps in the representation of a client that were clearly without merit”
- “Unreasonably delayed the process of a tribunal”
- “Sent correspondence directly to an opposing party when he knew or ought to have known that person was represented by a lawyer”
Rath is also facing two citations dated June 18, 2024. One claims he “failed to be candid” with the federal court and Crown counsel by “misrepresenting” at a case management conference that he was still counsel for a client who terminated his services and told him to transfer the file to another lawyer.
Rath is also alleged to have “failed to co-operate with a successor lawyer and delayed the transfer of a file following being discharged by his client.”
All the citations state the alleged conduct is “deserving of sanction.”
Law society spokesperson Colleen Brown said she could not provide additional information about the citations. Rath’s Law Society of Alberta page, which goes back to 2015, shows no disciplinary record.
Describing the complaints process generally, Brown said: “When the conduct of lawyers is brought to the law society’s attention, each matter is reviewed according to a process that is fair, transparent and consistent for both the lawyer involved and those providing the information.”
“Most of the complaints reviewed by the conduct department are dismissed or resolved without a hearing,” she said. “The conduct committee determines which matters go to hearing.”
The Law Society of Alberta’s hearings page lists three separate upcoming hearings for Rath on the allegations, though no dates have been set, and Rath said he does expect the hearings to occur. Brown confirmed there are three separate proceedings “at this time,” but the hearing tribunal is “not positive that it will proceed that way.”
‘No enthusiasm’ for statehood: Smith
January polling by Angus Reid shows 90 per cent of Canadians oppose the idea of joining the United States. Alberta showed the strongest levels of pro-51st state support, with 18 per cent backing secession.
Postmedia contacted Premier Danielle Smith’s office about Rath’s Fox appearance and was referred to her earlier comments about a billboard advocating that Alberta join the United States.
“I see no enthusiasm for that notion,” Smith said last month. “What I have seen is the opposite. I have seen so many Canadians and Albertans in particular reaching out and saying we’ve got to put Canada first, we’ve got to tear down interprovincial trade barriers, we’ve got to find new markets, we’ve got to support each other in building new pipeline infrastructure.
“So I don’t think there’s a lot of enthusiasm for what the billboard says or what the president has been talking about.”
Jeffrey Rath
| Type: | Conduct |
| First Date of Hearing: | |
| Last Date of Hearing: | |
| Status: | Citations Issued |
| Location: | Virtual Hearing |
CO20200761
- It is alleged that Jeffrey R. W. Rath failed to cooperate with a successor lawyer, and delayed the transfer of a file, following being discharged by his client, and that such conduct is deserving of sanction.
- It is alleged that Jeffrey R. W. Rath failed to be candid with the Court and Crown Counsel by misrepresenting at a Federal Court Case Management Conference that he remained as legal counsel for a client after the client had terminated Mr. Rath’s representation and had instructed him to transfer the client’s file to new counsel, and that such conduct is deserving of sanction.
Unproven allegations that have not yet been the subject of a hearing.
Treaty, Aboriginal rights and environmental law and litigation.
Jeffrey Rath, a seasoned legal advocate with over two decades of experience, has been at the forefront of advancing the rights and interests of First Nations in Canada. His expertise and knowledge have been pivotal in representing First Nations communities at all levels of court in the country, including the Supreme Court of Canada.
Jeff’s impressive legal journey encompasses victories in
significant cases across a wide array of judicial forums: the Federal
Court of Appeal, Federal Court Trial Division, Alberta Court of Appeal,
Alberta Court of Queen’s Bench, Provincial Court of Alberta,
Saskatchewan Court of Appeal, Supreme Court of British Columbia, and the
Ontario Court of Appeal.
Beyond the courts, Jeff has also successfully advocated before various boards and tribunals, including the National Energy Board, the Alberta Energy and Utilities Board, the Alberta Energy Resources Conservation Board, and the British Columbia Environmental Appeal Board. His remarkable ability to navigate complex legal landscapes and champion the causes of First Nations is exemplified in his role as Lead Counsel in the landmark Mikisew Cree Nation Case at the Supreme Court of Canada. This case resulted in a unanimous 9-0 ruling in favor of the Mikisew Cree Nation, marking a significant milestone in Canadian jurisprudence and setting a precedent in the realm of Aboriginal law.
Please feel free to contact us with any questions that you may have.
Phone
403-931-4047 ext. 221
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rathco@rathandcompany.com
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I couldn’t be more proud of our president of the Calgary-Lougheed Constituency Association, Darrell Komick, for receiving this year’s Exceptional Constituency Association President award at the UCP AGM. Darrell is a committed and principled conservative who sets the bar high.
Komick’s swastika comments “outrageous and inflammatory”, Premier says
Marco Levytsky, NP-UN Western Bureau Chief.
Calgary Lougheed United Conservative Party Constituency Association President Darrell Komick’s comments that Ukrainian evacuees came here with “zero screening” and are “walking around with swastikas” are “outrageous and inflammatory”, says Alberta Premier Danielle Smith.
“I told him he was wrong, and I told him what our solution was – that we have worked with our incredible diaspora to settle 70,000 people who have come here,” she stated in response to a question from New Pathway – Ukrainian News during a virtual roundtable with the multicultural media September 19.
“When we look at the number who are requiring additional supports, it’s only 1700 which says to me that that has been incredibly successful. I have no idea what he was talking about. He was unable to provide any verification of his statement. It was outrageous and inflammatory, and I told him so at the time. But I think that the settlement of Ukrainian evacuees has been one of the greatest success stories we have had in our province,” she added.
Asked further whether she would make those comments public, Smith replied: “I did at the time. I just said that he was wrong and that that is not what I have seen and he wasn’t able to say anything other than his own personal observation.”
The original question was:
“On July 30 at the Town Hall meeting of the Calgary Lougheed UCP Constituency Association, its president, Darrell Komick, was reported as saying Ukrainian evacuees have come to Alberta with ‘zero screening’ which is totally false and added that they are now walking around with swastikas. That last statement is not only totally false but can be interpreted as a violation of Article 319 of the Criminal Code of Canada which refers to the incitement of hatred against an identifiable group. Is this report accurate, and so, will you condemn this hateful remark and have Komick removed as president of the association?”
Smith did not reply whether she would have Komick removed.
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