Alberta kamikaze candidate suffered 'severe reputational harm,' lawyer argues in fine appeal

Former Alberta UCP leadership candidate Jeff Callaway says he will never run again if a Calgary judge quashes his $70,000 fine for illegal contributions to his kamikaze campaign.

Callaway's judicial review before Court of King's Bench Justice Janice Ashcroft took place Friday with the judge reserving her decision.

The fines stem from the 2017 UCP leadership race where Callaway's campaign collected $60,000 from businessman Robyn Lore, which was then dispersed to straw donors in order to avoid breaching the maximum $4,000 annual contribution limit, according to the findings of an election commissioner investigation.

The $70,000 in fines are "unreasonable" and "punitive against him as an individual," said Callway's lawyer, Hardeep Sangha.

'Severe reputational harm'

Sangha told the judge his client suffered "severe reputational harm" and lost his job in the aftermath of the investigation and fines. 

According to Sangha, Callaway would consent to an order that he not run again in another election.

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Callaway ran a "kamikaze" campaign on behalf of Jason Kenney with the sole purpose of targeting Kenney's chief rival, former Wildrose leader Brian Jean.

Then, at an agreed-upon date, Callaway dropped out of the race to support Kenney, who went on to become Alberta premier.

• 'Kamikaze' Alberta UCP leadership candidate fined $70K for irregular donations

In 2019, Lorne Gibson, the election commissioner at the time, sent a notice to Callaway, advising of his investigative findings and issuing the $70,000 penalty against the former candidate.

The notice references Callaway's "dark horse" and "kamikaze" campaign.

Sangha took issue with the terms used in the notice, calling their use "inappropriate" and "unreasonable." Sangha argued a kamikaze campaign is not illegal or in contravention of the Election Finances and Contributions Disclosure Act.

"It's not a contravention of the act to run an actual kamikaze campaign," said Sangha.

'You have not returned their calls'

Callaway's lawyer also argued his client did not have a proper chance to respond to and defend himself against allegations before the commissioner's fines were levied. 

But in his 2019 letter, Commissioner Gibson indicated investigators had tried to contact Callaway. 

"Over the past several months, investigators from my office have made numerous efforts to meet with you and have repeatedly sought opportunities from you to obtain your version of these events," wrote Gibson. 

"You have not returned their calls, emails or voice messages."

Paula Hale, the lawyer for the elections commissioner, pointed out that unlike criminal law, the act states the commissioner must notify a person who is under investigation "at any time before completing" the investigation.

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.