Calgary judge upholds fine issued in connection with kamikaze UCP leadership campaign

A Calgary judge has rejected an appeal of a fine connected to the 2017 UCP kamikaze leadership race.

In 2019, Jeffrey Park was fined $10,500 for contributing money to kamikaze candidate Jeff Callaway that the elections commissioner found was "given or furnished by another person."

During the leadership race, Park, who was Callaway's executive assistant at the time, made two $3,500 donations on behalf of himself and his wife to the Callaway campaign.

In his appeal brief, Park stated that a $10,000 electronic bank transfer he received from Cam Davies (Callaway's communications manager at the time) on Sept. 11, 2017, was a "signing bonus" owed to him.

Investigator had 'open mind'

Park's lawyer argued his client was not notified that he was the subject of an investigation before his interview with investigator Dave Jennings. Defence lawyer Michael Swanberg also argued Jennings had a "closed mind" heading into his interview with Park.

But in his 34-page decision, Court of King's Bench Justice Michael Marion instead found the investigator had an "open mind" and was, in fact, provided proper notice of the investigation.

"Jennings was quite willing to receive, and gave Park ample opportunity to provide, evidence to support Park's assertions," wrote Marion.

"I find that Park was reasonably notified that he was a potential subject of the investigation."

The race for the leadership of the then-new United Conservative Party was eventually won by Jason Kenney.

Callaway ran for the sole purpose of targeting Kenney's chief rival, Brian Jean, and then dropped out of the race to support Kenney, who went on to become premier in the 2019 provincial election.

It's alleged money was distributed to individuals like Park, who then donated it to the campaign in order to make it look legitimate.

In November 2018, then-elections commissioner Lorne Gibson received an anonymous complaint naming Park, Callaway and others involved in the campaign. It alleged as much as 50 per cent of contributions to the Callaway campaign was from PACs.

The Callaway investigation became the largest electoral investigation ever in Alberta. More than $200,000 in fines have been levied against Callaway, campaign staff and "straw" donors. Many of the fines are the subject of judicial reviews. 

Evidence gathered through that investigation and a further criminal complaint spawned an RCMP investigation into the funding of the kamikaze campaign and alleged voter identity theft during the same leadership race.