Alberta Auditor General will participate in lawsuit against AHS

Alberta Auditor General Doug Wylie speaks during a press conference in Edmonton, Friday, Oct. 4, 2019. THE CANADIAN PRESS/Jason Franson

The Auditor General of Alberta has been approved as an intervenor in the lawsuit against Alberta Health Services (AHS) brought by former CEO Athana Mentzelopoulos.

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According to documents from the Court of Appeal of Alberta, the auditor general applied for permission to intervene in two related appeals in the lawsuit.

According to Practical Law Canada, an intervenor is a party in a litigation that has no direct interest in the lawsuit but has an interest in the outcome. This third-party is able to provide legal submissions it believes could be helpful to the court.

In February, Alberta’s Auditor General began investigating the procurement and contracting process at the Department of Health and AHS, after Mentzelopoulos filed the lawsuit alleging she was fired for looking into sweetheart deals, high-level political interference and corruption in health contracts.

Mentzelopoulos alleges that firing came just days before she was to meet with the auditor general to outline her concerns.

The province and AHS have said Mentzelopoulos was fired because she was failing in her job and was working to stop mandated health reform.

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None of the allegations from either side have been tested in court.

The Court of Appeal approved the application to intervene on Friday. The decision said the auditor general has a “unique role and relevant perspective” that will help the court with the case.

The auditor general’s participation will be limited to two specific issues raised, the court said. No new issues can be brought up and no new evidence presented.

“Further, the intervention must not transform this Court into a political arena that will distract from the adjudication of the appeals,” the decision read.

The auditor general will have until May 27 to file its written arguments. The panel hearing the appeal will decide if the auditor general is allowed to present an oral argument as well.