Former Alberta justice minister, ex-law partner accused of conflict of interest in Kamikaze campaign probe

Former Alberta justice minister Jonathan Denis and his ex-law partner Dale Fedorchuk have been accused of conflict of interest in connection with the Kamikaze campaign investigation — and of making one client "the scapegoat" for another: United Conservative Party heavyweight Jeff Callaway.

The allegation came out in an interview Cameron Davies, Callaway's former communications director, gave to the Office of the Election Commissioners (OEC) as part of its probe into Callaway's 2017 UCP leadership campaign.

He also accused the two lawyers of breaching solicitor-client privilege, details of which are contained in the OEC investigator's interview transcript and summary obtained by CBC News.

The Callaway campaign would become known in Alberta as being set up to benefit now-Premier Jason Kenney's bid for leadership of the newly united party. It did so by attacking Kenney's chief political rival, former Wildrose leader Brian Jean. Callaway would go on to sacrifice his own leadership aspirations by dropping out of the race, Kamikaze-style, after attempting to inflict damage on Jean's support. 

Davies was Callaway's co-campaign manager and ran communications. He told investigators he'd convinced a number of people to go along with putting their names on donations they didn't make — and received two $7,500 fines in February 2019 for obstructing the investigation into the campaign by Alberta's election commissioner. Davies was also fined $12,000 for facilitating irregular donations for the Callaway campaign. 

But the transcripts from the first in-person interview Davies gave to election commissioner investigators in March 2019 — a month after his obstruction fine — include allegations that his lawyer, Fedorchuk, wasn't acting in his best interest. 

Instead, he alleges that the lawyer gave privileged information to his law partner, Denis, in order to help another client under investigation by the OEC: Callaway

"It's my suspicion that the counsel I was receiving … that they needed a scapegoat," Davies said during the interview with investigators on March 15, 2019. 

OEC investigator Ken Brander seemed unsurprised.

"That's what we kind of thought too," he responded.

When contacted by CBC News, Fedorchuk and Denis said through Guardian Law that solicitor-client privilege prevents them from responding to these allegations — or even confirm their involvement in the case. Davies subsequently sent Guardian Law an email waiving his privilege for this story, but Guardian Law and Fedorchuk reiterated they'd be violating privilege were they to answer any of the inquiries. 

Both lawyers noted, however, they have not been named in any related proceedings. 

The OEC interview might never have happened had Davies not quietly hired new counsel, Lindsay Amantea. 

In his interview summary, investigator Dave Jennings noted that Davies alleged Fedorchuk was "advising him from the outset to alternate between compliance and non-compliance."