David Parker was in Edmonton Court of King’s Bench Monday for a civil contempt proceeding brought by Elections Alberta.
The agency — which runs provincial elections and investigates compliance with spending rules — says Parker has refused to provide some of the dozens of documents it has requested as part of a wide-ranging probe into Take Back Alberta.
Justice Jonathan Martin gave Parker until Aug. 19 to turn over the documents or provide a formal statement if he doesn’t have them. Parker — who is out of province and watched the proceedings online — will face a $5,000 fine if he fails to comply.
Elections Alberta lawyer Joseph Redman said if Parker does not produce the documents, a warrant for his arrest could be sought. This would be an “incredibly extraordinary” step in an elections finance case, he said.
“He has a concern, I would say to some degree justifiable, that Elections Alberta is ‘out to get him,’” Grey said.
Martin declined to hear more on that issue. Monday’s hearing took place in a busy chambers courtroom with a dozen other lawyers waiting for hearings on unrelated cases.
“I’m not going to entertain this at this point,” he said.
Time ‘running out’: Elections Alberta
Elections Alberta launched an investigation into Take Back Alberta in November 2023. The agency is seeking to determine whether the group has complied with the Election Finances and Contributions Disclosure Act, including whether:
- donors were eligible to make political or election advertising contributions
- advertising contributions exceeded legal limits and were “properly recorded and deposited in appropriate bank accounts”
- money from TBA fundraising events was used for political or election advertising
- ad spends were properly recorded
- reporting requirements for third-party advertisers were complied with
Also at issue is whether any Take Back Alberta events were prohibited as “party activities” and whether the group is “affiliated” with the United Conservative Party.
Elections Alberta ordered Parker to hand over nearly two dozen documents including bank statements, receipts and invoices for Take Back Alberta events. They include:
- records regarding money raised at the October 2022 UCP annual general meeting, where the group hosted a hospitality suite
- invoices for expenses related to 87 town hall meetings held across Alberta
- receipts for ads in the Western Standard
- documentation for a Take Back Alberta-sponsored event with Jordan Peterson in Red Deer
Parker has turned over some of the documents, but those “aren’t sufficient” to determine whether Take Back Alberta complied with the rules, Redman told court. Parker was interviewed earlier this year but said he would refuse to provide certain documents.
“We’ve taken every step we reasonably can to get compliance,” he said, noting “well over 100 days” have passed since Parker was first given notice.
Elections Alberta only has three years to complete investigations and some of the records at issue date to early 2022, Redman said.
“Time is quickly running out.”
Redman also questioned whether a fine would motivate Parker, given he would likely treat the penalty as a crowdfunding “call to action.”
Parker concerned about donor privacy: lawyer
Grey said his client cannot produce some of the documents because they “are not his personal records. They’re records of Take Back Alberta.”
He denied that Parker is the “founder” of Take Back Alberta or its executive director — a position Grey said does not exist.
“He’s concerned about protecting the privacy of people who were donors or sponsors of certain events,” Grey said, adding, “He’s being compelled to produce records that are not his.”
Parker could not be expected to turn over the records in the seven days ordered by Elections Alberta because he is not in the province, Grey said. He suggested Parker be given 30 days to release records in his possession.
Redman countered this was a “political shell game” and accused Parker of using “clever language” to avoid disclosure.
Martin ultimately gave Parker 21 days to turn over the documents. If he fails to, he must pay the fine and appear again in court on Aug. 23.
Elections Alberta agreed that Parker may provide a statutory declaration in cases where the documents are not in his “control.” Redman said this would end the “limbo, where we don’t know what records he has and which he does not.”
Parker was also ordered to pay $2,900 in legal costs to Elections Alberta.