EDMONTON — An Alberta judge has found six people in contempt for not attending interviews as part of an investigation into alleged irregular political donations made to the United Conservative Party.
A Tuesday decision by Justice Peter Michalyshyn says for the past year the provincial elections commissioner has been investigating donations made to the party by people allegedly using money that wasn't their own leading up to the 2023 provincial election.
The decision says the commissioner, Paula Hale, began investigating in the spring of last year after being made aware of the allegation, but it's not clear if the individuals found in contempt were targets of the investigation.
Party donation records show donors with names matching those in Michalyshyn's ruling each gave $4,300 to the party in the second quarter of 2023, when the decision says alleged improper donations were made.
The judge's decision says the commissioner sought to interview the individuals, as it was believed they had relevant information and evidence.
It says the commissioner scheduled interviews for all six in late May but none attended, leading Hale to file contempt applications in court.
The decision says a lawyer for the individuals argued the commissioner's interview demands exceeded her authority. It says the individuals also questioned "what information the election commissioner is seeking, how it is material, and why it is not being sought by other means."
The decision says the lawyer also told the commissioner's office before the May interview dates that changes to provincial election financing rules had recently passed, meaning “our clients will not be submitting to any further questioning or investigations related to this case.”
The judge wrote that the legislation, which came into effect earlier this month, might affect potential outcomes of the investigation but doesn't limit the commissioner's power to compel people for interviews. He also said the individuals had no legal reason not to participate.
"The evidence supports a finding of proof beyond a reasonable doubt that the respondents intentionally breached their obligation to attend," Michalyshyn wrote.
He said finding the individuals in contempt "is the appropriate, if exceptional, ‘last resort’ measure genuinely necessary to safeguard the administration of justice."
The ruling upholds the requirement for the individuals to be interviewed as part of the investigation.
Elections Alberta said in an email that it's prohibited from commenting.
The legislation cited by the lawyer, among other changes, prevents the elections commissioner from imposing penalties and sanctions on those who break election financing rules if one year has passed since the commissioner received a complaint.
After the bill was introduced by Justice Minister Mickey Amery, Alberta's chief electoral officer warned the changes would effectively kill many investigations, given a tightened timeline for the commissioner to investigate and enforce compliance with the law.
Amery softened one change as part of several amendments to the bill before it passed, but the law still put in strict limits, including the one-year window after the commissioner receives a complaint.
Heather Jenkins, Amery's press secretary, said in an email Thursday that the minister wasn't aware of the commissioner's investigation and that the legislation was introduced to "protect democracy, deliver fair and open elections, and restore confidence in every vote cast."
Opposition NDP deputy leader Rakhi Pancholi said in a statement the legislative changes only help the UCP government.
"When they brought in (the bill), the elections commissioner warned the changes would hamper these investigations and that's what's happening," Pancholi said.
The lawyer representing the individuals, George Samia, said in an email he was unable to comment.
This report by The Canadian Press was first published July 24, 2025.
Jack Farrell and Lisa Johnson, The Canadian Press
