Progress Report editor and host Duncan Kinney has vowed to initiate a defamation claim against Premier Danielle Smith for comments she made about him at a debate. .“Your statements about a matter before the court are prejudicial to his Charter right to a fair trial, on which he has elected to be tried by a jury, and antithetical to your duties as premier,” said Engel Law lawyer Thomas Engel in a Thursday letter to Smith. .“Mr. Kinney takes these statements very seriously and is considering all actions to vindicate his reputation and to mitigate the threat to his fair trial, including the immediate initiation of litigation without further notice to you.” .The basis for the letter was Smith saying at an all-candidates forum in Brooks-Medicine Hat on Tuesday she would not arrest journalists. .She acknowledged she takes questions from the Western Standard and the Counter Signal. .“I even took a question from Press Progress, and you may know Duncan Kinney,” she said. .“He was charged after spray-painting swastikas.” .Kinney was charged with mischief in October after he allegedly defaced a statue outside an Edmonton Ukrainian centre with graffiti..READ MORE: Alberta far left-wing journalist charged for alleged vandalism of Ukrainian statue.He faces one count of mischief under $5,000 in connection with the incident in 2021. .The words “Actual Nazi” were tagged in red spray paint on the base of the Roman Shukhevych Statue. None of the allegations have been proven in court. .Kinney pleaded not guilty to the mischief charge in March. .READ MORE: Kinney pleads not guilty to vandalizing two Ukrainian monuments in Edmonton.His legal counsel entered the plea of not guilty and elected to be tried by a judge and jury in the Court of King’s Bench of Alberta. .He wrote a story about an unknown person or people defacing the Roman Shukhevych Statue. .The letter acknowledged Engel spoke with Women of #ABpoli host Deirdre Mitchell-MacLean on Thursday. Mitchell-MacLean told him she was transcribing what Smith said. .She did not transcribe the words after swastikas because she stopped, realizing what the premier said was inaccurate. She stands by the accuracy of the tweet. .Engel said it is false Kinney was charged with spray painting swastikas. He added he is “presumed to be innocent of the charges and you have claimed that, in fact, he was spray painting swastikas.” .The demands he made to her were to cease and desist from issuing any further false statements about his client and for a public retraction and apology to be issued about the subject statement. .The lawyer went on to say she has been put on notice, as publishing these statements “have significant legal ramifications.” .If she has any doubt as to the serious consequences of ignoring the demands, the letter urged her to contact a lawyer to obtain legal advice prior to responding. However, she is required to publish the retraction and apology by Friday at noon. .“If a lawsuit is necessary, this serves as formal notice that Mr. Kinney intends to refer to this letter and your response in seeking relief against you in the Court of King’s Bench,” he said..Smith could not be reached for comment in time for publication.
Progress Report editor and host Duncan Kinney has vowed to initiate a defamation claim against Premier Danielle Smith for comments she made about him at a debate. .“Your statements about a matter before the court are prejudicial to his Charter right to a fair trial, on which he has elected to be tried by a jury, and antithetical to your duties as premier,” said Engel Law lawyer Thomas Engel in a Thursday letter to Smith. .“Mr. Kinney takes these statements very seriously and is considering all actions to vindicate his reputation and to mitigate the threat to his fair trial, including the immediate initiation of litigation without further notice to you.” .The basis for the letter was Smith saying at an all-candidates forum in Brooks-Medicine Hat on Tuesday she would not arrest journalists. .She acknowledged she takes questions from the Western Standard and the Counter Signal. .“I even took a question from Press Progress, and you may know Duncan Kinney,” she said. .“He was charged after spray-painting swastikas.” .Kinney was charged with mischief in October after he allegedly defaced a statue outside an Edmonton Ukrainian centre with graffiti..READ MORE: Alberta far left-wing journalist charged for alleged vandalism of Ukrainian statue.He faces one count of mischief under $5,000 in connection with the incident in 2021. .The words “Actual Nazi” were tagged in red spray paint on the base of the Roman Shukhevych Statue. None of the allegations have been proven in court. .Kinney pleaded not guilty to the mischief charge in March. .READ MORE: Kinney pleads not guilty to vandalizing two Ukrainian monuments in Edmonton.His legal counsel entered the plea of not guilty and elected to be tried by a judge and jury in the Court of King’s Bench of Alberta. .He wrote a story about an unknown person or people defacing the Roman Shukhevych Statue. .The letter acknowledged Engel spoke with Women of #ABpoli host Deirdre Mitchell-MacLean on Thursday. Mitchell-MacLean told him she was transcribing what Smith said. .She did not transcribe the words after swastikas because she stopped, realizing what the premier said was inaccurate. She stands by the accuracy of the tweet. .Engel said it is false Kinney was charged with spray painting swastikas. He added he is “presumed to be innocent of the charges and you have claimed that, in fact, he was spray painting swastikas.” .The demands he made to her were to cease and desist from issuing any further false statements about his client and for a public retraction and apology to be issued about the subject statement. .The lawyer went on to say she has been put on notice, as publishing these statements “have significant legal ramifications.” .If she has any doubt as to the serious consequences of ignoring the demands, the letter urged her to contact a lawyer to obtain legal advice prior to responding. However, she is required to publish the retraction and apology by Friday at noon. .“If a lawsuit is necessary, this serves as formal notice that Mr. Kinney intends to refer to this letter and your response in seeking relief against you in the Court of King’s Bench,” he said..Smith could not be reached for comment in time for publication.
