Alberta’s justice system is facing serious questions about potential infringements on free speech following revelations that the Alberta RCMP and the Alberta Crown Prosecution Service have been closely monitoring independent media. As the host of The Lavigne Show, I have seen firsthand how episodes of my program have ended up in courtrooms. While this is not intended as a personal attack on any individual, the mounting evidence raises concerns about the fairness and transparency of a system that should impartially serve all Albertans.

Last month, I published a post highlighting the Alberta RCMP monitoring my show and the Shaun Newman Podcast after I received information that Coutts protester Marco Van Huigenbos' activities, particularly his appearances on shows, were being used in Alberta court. Shortly after, Mr. Van Huigenbos contacted me, expressing serious worries that this information might adversely affect his upcoming sentencing. Respecting his concerns, I immediately removed the post.

Despite these efforts, on January 10, 2025, Mr. Van Huigenbos was handed a 120-day custodial sentence.

Two days ago, I spoke with a former RCMP undercover officer who confirmed suspicions that multiple media platforms, including mine, were being monitored.

Alleged Publication Ban Violation

A pivotal moment occurred during the April 2024 pretrial of the “Coutts Trio” (George Janzen, Marco Van Huigenbos, and Alex Van Herk). On April 3, 2024, Crown Prosecutor Steven Johnston presented Justice Keith Yamauchi with an episode of The Lavigne Show that I had recorded a day earlier. Prosecutor Johnston accused me of violating Justice Yamauchi’s publication ban order—a criminal offence under Section 127 of the Criminal Code, which can carry a sentence of up to two years.

Specifically, I disclosed:

• There are two pretrial applications.
• The broad nature of those applications concerns the jury’s ability to ask questions and the other touching on jury nullification.

Justice Yamauchi concluded I had attempted to honour his publication ban order but “failed miserably” by revealing the actual number and type of applications. Although I was spared formal charges, I was given a strict warning and ordered to remove the episode from all platforms. I complied immediately.

More Evidence of Monitoring

Further confirmation of surveillance came in December 2024 when I received a tip in a group chat containing journalists. This tip included a link to a file that contained:

• An RCMP report detailing conversations between Mr. Van Huigenbos and me on the Shaun Newman Podcast, labelling parts of our discussion “interesting” in the context of possible new mischief charges.

• Clips from The Lavigne Show where Mr. Van Huigenbos appeared.

• The entire Shaun Newman Podcast episode featuring Mr. Van Huigenbos.

• Several social media posts made by Mr. Van Huigenbos.

Crown Prosecutor Steven Johnston reportedly compiled and provided all of these materials to Justice Yamauchi as part of the sentencing of Mr. Van Huigenbos. It's clear to me that Mr. Van Huigenbos's severe sentence—120 days in custody—is a warning that the more a defendant speaks publicly, the harsher the consequences will be.

Why This Matters

The integrity of the legal system relies on openness and impartiality. When journalists and their guests are monitored so that their public commentary can be used against them, a chilling effect on free speech will arise. This undermines the constitutional promise of open courts and fair trials.

I am releasing these details to underscore that justice must be seen to command public trust. My intention is not to single out any individual—be it an RCMP officer, a prosecutor, or a judge—but to highlight potential misuses of the system. The public should be aware when authorities are discouraging legitimate discourse about legal proceedings.

A Call for Oversight and Inquiry

Alberta’s Minister of Justice, Mickey Amery, should investigate the RCMP’s conduct and the role of Crown Prosecutor Johnston—particularly in light of the “Crime-Fraud Envelope.” If no meaningful action is taken, Premier Danielle Smith should consider requesting the minister’s resignation.

Journalists must be free to report on public proceedings without fear of legal retaliation. The potential for Section 127 charges or other criminal implications can stifle essential debate and erode public confidence.

The justice system must operate fairly and be visibly balanced. If media figures, activists, and ordinary citizens suspect that courts are using surveillance to secure convictions or lengthier sentences, confidence in the rule of law will continue to erode.

These unfolding events paint a concerning picture. Individuals who speak openly about court cases in Alberta may face punitive consequences for exercising their right to free expression. While robust legal processes are vital, so is the public’s right to scrutinize and discuss those processes. By sharing this information, I hope to shine a light on potential judicial overreach and encourage a more transparent, accountable system where free speech is safeguarded and justice truly serves all.