Full-time Calgary prosecutor made extra $111K after claiming full-time hours for unrelated tribunal work

As a member of the Alberta Horse Racing Appeal Tribunal last year, a federal Crown prosecutor in Calgary made more than $111,000 — a sum so high, she would have had to work more than eight hours a day for 185 days on top of her full-time job.

Andrea Fugeman-Millar's time on the Alberta tribunal 'came to an end' halfway through term

Horse Racing Alberta Appeal Tribunal member Andrea Fugeman-Millar's honorarium was $111,341 last year. Other members of the tribunal claimed less than $5,000. (Horse Racing Alberta)

As a member of the Alberta Horse Racing Appeal Tribunal last year, a federal Crown prosecutor in Calgary made more than $111,000 — a sum so high, she would have had to work more than eight hours a day for 185 days on top of her full-time job.

Andrea Fugeman-Millar's 2017 honorarium was more than 32 times what others on the panel have made on average over the past three years. 

"People were looking at those numbers, and to be honest, they were very different than what we've seen in the past," said Horse Racing Alberta CEO Kent Verlik.

Position 'came to an end' 

Since 2015, honorariums paid to other panel members have ranged from $290 to $9,839. The average was $3,400.

Fugeman-Millar was appointed to the tribunal in September 2016 and billed $55,456 for the four months she worked that year. 

Citing privacy concerns, a spokesperson for the provincial government's treasury board and finance ministry said the department cannot provide any further breakdown of Fugeman-Millar's honorarium. 

Though she was only two years into a three-year position, Fugeman-Millar's time on the tribunal "came to an end" in April, according to spokesperson Andrew Hanon.

Hanon said he couldn't elaborate on why Fugeman-Millar no longer holds the position, "however, she was given permission to wrap up all decisions on appeals that were heard while she still was a member; that work was done over the summer and has also concluded."

2017 busy year for tribunal

The three government-appointed members of the tribunal are expected to be available four to six days per year for tribunal activities. However, 2017 was a particularly busy year for the panel.

The tribunal not only heard the controversial Canadian Derby appeal, which dragged on over a number of months, but it also worked to address a backlog of cases, according to Horse Racing Alberta. 

Because Fugeman-Millar was the chair of a quasi-judicial panel, her lawyer Kip Popowich said she is unable to comment on activities associated with the tribunal or provide a breakdown of her 2016 and 2017 invoices. 

Here is the breakdown of how the tribunal's chair is paid.

  • $219 for up to and including four hours in a day.
  • $383 for four to eight hours in a day.
  • $601 for more than eight hours spent on committee business in a day.

'We don't have terribly deep pockets'

Fugeman-Millar would have had to work 290 eight-hour days or 185 eight-plus-hour days in order to earn $111,341.

Under the Horse Racing Alberta Act, three people are appointed to the appeal tribunal by the finance minister, though it is Horse Racing Alberta and not the government that pays panel members. 

"The HRA has to be careful about its finances, we don't have terribly deep pockets," said Verlik. "When things are higher than expected, it's tough for us to absorb."

Here is the breakdown of appeal tribunal honorarium payments for the past three years: 

2017

  • Andrea Fugeman-Millar — $111,341.
  • Gordon Graydon — $2,364.
  • Jill Mason — $4,486.

2016

  • Andrea Fugeman-Millar — $55,456.
  • Gordon Graydon — $9,839.
  • Jill Mason — $2,425.

2015

  • Kelly Budge — $290.
  • Maggie Fulford — $3,064.
  • Gordon Graydon — $1,335.

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Clarifications

  • An earlier version of this story said Andrea Fugeman-Millar would have had to work at least 171 eight-hour days for the Alberta Horse Racing Appeal Tribunal last year on top of her full-time job to make $111,341. In fact, the Alberta government clarified Monday that she would have had to work between 185 and 290 full days for the tribunal to make that amount of money.
    Aug 27, 2018 10:48 AM MT

About the Author

Meghan Grant

CBC Calgary reporter

Meghan Grant is the courts and crime reporter for CBC Calgary.