Election probe charges possible

Debate about unfairness of legislation

Alberta’s chief electoral officer says he will ask for charges to be laid if he believes prosecution is warranted in the investigation of 10 Tory constituency associations and a number of municipalities and organizations over alleged illegal donations.

But Brian Fjeldheim cautioned Friday that Elections Alberta is still in the early stages of its probe.

“I’m going to be looking certainly at the facts that we get from the inquiries that we are making and I will go forward from there. But no, I’m not adverse to prosecution,” Fjeldheim said in an interview.

It is illegal under provincial law for municipalities, schools, post-secondary institutions and other gov- ernment-funded entities to make partisan political contributions.

On Thursday, PC party president Bill Smith confirmed that a handful of constituency associations are being examined for possible violations after allegations surfaced last fall that local municipalities had donated money to the Tories.

The chief electoral officer must approve prosecutions under provincial election law, but it is up to the Justice Department to decide whether to actually proceed with charges.

Since returning to the chief electoral officer post in late 2009, Fjeldheim has not recommended any prosecutions.

His predecessor, Lorne Gibson, recommended in 2007 that charges be laid in five cases relating to prohibited contributions made by organizations the year before.

Charges were laid in four of the five cases, but were later dropped because of a technical error by the RCMP.

In a further nine cases, Gib- son consented to prosecution but deadlines elapsed in three and the Justice department declined to press charges in the other six.

Gibson’s appointment was not renewed by a Tory-dominated legislative committee in 2009.

While an overhaul of electoral legislation in 2010 banned soliciting and accepting contributions from such prohibited corporations, penalties continue to fall disproportionately on the donors, not the recipients.

The chief electoral officer can levy administrative penalties on prohibited donors equal to the amount of their contribution. While he can order recipient to return funds, he can’t levy administrative penalties on them.

If cases are prosecuted, the donors face a maximum fine of $10,000 if found guilty of breaching the law while a constituency association or political party would pay, at most, a $1,000 fine.

Opposition parties said Friday there should at least be equal onus on those who are

The focus of this act should be on political parties. I don’t think the penalties in the legislation reflect that at all

NDP LEADER BRIAN MASON

getting the money as those making the donations.

“The focus of this act should be on political parties,” said NDP Leader Brian Mason. “I don’t think the penalties in the legislation reflect that at all.”

Liberal MLA Hugh Mac- Donald said the chief electoral officer needs a greater ability to initiate prosecutions.

“He shouldn’t have to go cap in hand to the Ministry of Justice to get a prosecution to proceed,” said Macdonald, who believes the department under the Progressive Conservative government has little interest in pursuing the cases.

However, justice spokesman David Dear dismissed that assertion.

“Anytime there’s a concern raised by the chief electoral officer we take it very seriously,” he said.

However, Dear said many of the situations around election legislation deal with complex evidence and points of law, while prosecutors must consider the likelihood of conviction.

Wildrose Party MLA Paul Hinman said the chief electoral officer needs greater resources to investigate — including the possible support of the provincial auditor — given the complicated paper trails sometimes involved in such cases.

Macdonald said Elections Alberta should also be able to openly discuss which constituency associations are under investigation. Under existing legislation, Fjeldheim said he cannot identify who is under review unless charges are laid.

Elections Alberta has acknowledged that among the cases it is investigating are those raised by the Wildrose Party last October. It’s alleged municipalities provided support for PC golf tournaments and dinners through sponsorships, donations, and participation by councillors between 2007 and 2011.

The Liberals said Friday they have documented 19 potential breaches.

The opposition parties have suggested it is a long-standing practice of the long-governing Tories to flout the law.

Smith said Thursday any improper solicitation or acceptance of donations that occurred would have been due to human error by volunteers.