A legal representative for two podcasters has petitioned a judge to revoke a contempt citation and an unusual court order that led to the search of their residences last year. Craig Alcock, the lawyer for podcasters David Wallace and James DiFiore, contended that the evidence provided by Sandy Edmonstone, a former member of the Alberta Health Services board, was insufficient in alleging a pattern of harassment and intimidation. Alcock argued that due to these shortcomings and other factors, the information seized during the search should remain confidential.
Edmonstone claimed in court documents that he believed the alleged harassment campaign was aimed at deterring him from testifying in the wrongful dismissal case of Athana Mentzelopoulos, the former AHS head. Mentzelopoulos also accused the two podcasters of harassment and intimidation and sought to hold them in contempt of court. However, the application to address Mentzelopoulos’s claims before Court of King’s Bench Justice Michael Lema was postponed.
Last year, Lema authorized an Anton Piller order, a legal tool allowing an unannounced search to gather evidence and prevent its destruction. If the request to overturn the order succeeds, the podcasters’ legal team aims to have the seized evidence returned and barred from future legal proceedings. Court-appointed solicitors searched the homes of DiFiore and Wallace in December, examining multiple electronic devices.
Describing the Anton Piller order as a potent legal instrument, Alcock emphasized that expressing opinions on a podcast, even if controversial, should not warrant such extreme measures as contempt or an Anton Piller order. Bierkos, representing Edmonstone, argued that the podcasters’ statements went beyond commentary, citing remarks suggesting a desire to disrupt and harm individuals involved in a supposed conspiracy.
While acknowledging the exceptional nature of the Anton Piller order, Bierkos defended its appropriate use under the circumstances. Lema is expected to deliver his decision in the following months. Mentzelopoulos has requested the court to compel the removal of online content targeting her and her family, as well as to demand Wallace and DiFiore disclose financial backers’ contact details. In a separate lawsuit filed last year, Mentzelopoulos accused AHS and then-health minister Adriana LaGrange of wrongful dismissal, alleging termination due to inquiries into AHS contracts, while AHS cited a loss of confidence in her abilities in its defense statement.