EDMONTON — A judge has granted Alberta's government its request to question the former head of the provincial health authority about confidential emails she is accused of keeping and sharing without permission, including to media.
The government's request was made last month when it filed for an injunction in the high-profile lawsuit launched by Athana Mentzelopoulos, the former chief executive of Alberta Health Services.
Mentzelopoulos is suing the government and AHS for wrongful dismissal, alleging she was illegally fired in January to stop her from investigating sweetheart deals and political interference in multimillion-dollar health procurement contracts.
The province and AHS have denied that claim and any wrongdoing, arguing instead that Mentzelopoulos was fired for poor job performance and for stalling mandated health reform.
Allegations from all sides have yet to be tested in court.
Last month's injunction application came after health authority officials discovered that Mentzelopoulos forwarded nearly a dozen emails containing confidential information related to allegations she has made to a personal email address the day before she was fired.
The province is seeking a court order to have the emails be returned, have Mentzelopoulos disclose who she shared the information with, and prevent her from using the emails as evidence in court.
A written decision from Court of King's Bench Justice Debra Yungwirth last week says government lawyers can question Mentzelopoulos about the emails.
However, they won't be permitted to ask about what she may have already shared with Alberta's auditor general or the RCMP as part of their separate investigations into the allegations.
Yungwirth wrote the exemptions were to "protect the integrity" of both investigations.
"This direction strikes a balance between providing the (government and AHS) with information they need to ensure any privileged and confidential information is protected while not interfering with the ongoing work of the auditor general or the RCMP or other law enforcement," Yungwirth wrote.
According to the decision, Mentzelopoulos's lawyer argued against the request to have his client be questioned, saying it would amount to a "fishing expedition" as the government and AHS "simply want to determine what information she may have provided to the auditor general of Alberta and to the RCMP."
Lawyers for AHS and the government argued, according to the decision, that questioning "is the only way they can determine what documents Ms. Mentzelopoulos may have taken from AHS and what she did with those documents."
Yungwirth's decision also notes that just two of the emails in question might be protected by solicitor-client privilege, and lawyers for both sides disagree on whether privilege applies.
Last month's filing contained almost entirely redacted copies of the emails. Only subject lines and senders or recipients — largely limited to government bureaucrats and AHS officials — was disclosed.
The subject lines point to information about private surgical facilities and freedom of information requests related to a private medical supplier at the heart of Mentzelopoulos's allegations of political interference and conflicts of interest.
Yungwirth's decision says the issue of solicitor-client privilege couldn't be immediately addressed as Mentzelopoulos's lawyer hadn't read the emails.
The government is arguing, according to Yungwirth's decision, that regardless of privilege the emails contain confidential information that Mentzelopoulos shouldn't have in her possession "on the basis that harm may be caused to Alberta Health Services and to the Province."
As part of its filing last month, both the government and AHS also filed amended statements of defence that state by keeping the emails Mentzelopoulos breached her employment agreement, giving AHS just cause to fire her "after" she was dismissed.
Yungwirth's decision says a ruling will be made on whether the emails need to be returned and whether the province's injunction is granted in full after Mentzelopoulos has been questioned.
Dan Scott, Mentzelopoulos's lawyer, said in an email that a date for questioning hasn't been confirmed.
This report by The Canadian Press was first published April 21, 2025.
Jack Farrell, The Canadian Press
