Alberta 'kamikaze' campaign investigation violated charter rights, lawyer argues in appeal

The former executive assistant on Jeff Calaway's so-called "kamikaze" campaign in the 2017 UCP leadership race has appealed his $10,500 fine.

Jeffrey Park is arguing his charter rights were violated because he was not told he was a target of the Alberta Election Commissioner's investigation.

Park was issued a fine in 2019 for contributing money that was "given or furnished by another person," and for providing funds to his wife who also donated to the campaign.

The race for the leadership of the then-new United Conservative Party was eventually won by Jason Kenney, who stepped down earlier this month as premier and party leader.

On Wednesday, Court of King's Bench Justice Michael Marion heard arguments from Park's lawyer and counsel for the elections commissioner. Marion has reserved his decision.

In 2019, Park was interviewed by an investigator and handed over financial disclosure after correspondence referenced obstruction charges for failing to co-operate.

He was then fined for breaching the Election Finances and Contributions Disclosure Act (EFCDA). 

Park's lawyer, Michael Swanberg, argued people like his client should be notified they're under investigation before they're required to give evidence against themselves.

But unlike criminal law, the EFCDA states the commissioner must notify a person who is under investigation "at any time before completing" the investigation.

Section 11 of the Canadian Charter of Rights and Freedoms outlines the rights of a person charged with a criminal offence. 

Swanberg asked the judge to find overlap between the jeopardy under the EFCDA and criminal principles.

"It's criminal principles which are applied in assessing penalties in the EFCDA," said Swanberg.

But the lawyer for the elections commissioner argued there was nothing criminal about the 2019 elections commissioner investigation. 

There were no criminal charges, no arrests, no prosecution, no threat or possibility of incarceration and no criminal records stemming from the inquiry, Paula Hale pointed out.