Days after a judge upheld the search of devices belonging to two podcasters accused of intimidating a former Alberta Health Services (AHS) board member, lawyers for former AHS CEO Athana Mentzelopoulos argued in court Monday that the pair should also be cited for contempt of court and be subject to a restraining order.
Late Friday, Alberta Court of King's Bench Justice Michael Lema ruled that the unannounced searches of computers and phones belonging to podcasters James Di Fiore and David Wallace were justified. The podcasters had waged what Lema described as an apparent “no-holds-barred” campaign over several months against ex-AHS board member Sandy Edmondstone through a series of online videos posted to X and YouTube.
Anton Piller Order Upheld
Last November, Lema granted a rare, powerful legal mechanism known as an Anton Piller order, allowing unannounced searches of the podcasters' homes. This followed an application from Edmondstone, who is anticipated to testify in Mentzelopoulos' wrongful dismissal lawsuit against the Alberta government.
In his Friday ruling, Lema wrote that the searches were necessary to preserve evidence about who was bankrolling and informing the videos. “I find a material possibility of document concealment or destruction here,” he stated. “After considering the expanded record and all arguments offered at the comeback hearing, I find no reason to set aside or vary any of the November 2025 orders.”
Podcasters' Legal Challenges Rejected
A lawyer representing the podcasters, Craig Alcock, had argued that Edmondstone's claim lacked proper jurisdiction and also ran afoul of Charter provisions on freedom of speech, thought, and opinion, as well as protection from unreasonable search and seizure and presumption of innocence. Lema rejected these assertions, writing that “the Charter does not apply between private parties, and Charter rights do not exist in the absence of state action.”
The searches were carried out at the podcasters' respective homes outside of Alberta in December, though the details of what investigators found have not yet been made available, pending future court rulings.
Contempt of Court Allegations
On Monday, a lawyer for Mentzelopoulos, Brett Code, argued his written filings from last month, asserting that Di Fiore and Wallace should be subject to a contempt of court citation and a restraining order. He noted a similar intimidation campaign as that endured by Edmondstone has been directed at Mentzelopoulos, her family, her neighbours, and others.
“There can be no greater contempt than intimidating a witness,” Code said. “This is a matter of the highest public interest, that is, interest in the rule of law.” Code accused the two of remaining in contempt of court by ignoring a prior order to delete the videos, noting that many of them remained online as recently as last month. He is also seeking an order disclosing information about who has been financing the podcasters, what they have been given in money and information, and by whom.
