Calgary judge denies bid to halt UCP 'kamikaze' campaign probe during Alberta election

Lawyers for both sides declined to comment after court. Callaway instead took to Twitter to respond later that evening.

The former leadership candidate threatened to seek a judicial review unless the elections commissioner rescinded his order that Callaway repay $26,500 in contributions.

The commissioner, the judge noted in her ruling, had issued that order before interviewing Callaway himself.

"I remain confident that my position will be vindicated," Callaway said inthe social media post.

CBC reached out but did not hear back from Callaway's lawyer to have him clarify their intended next steps.

Callaway cited how the judge recognized there was a "serious question" of whether or not the election commissioner's actions could be construed, by an objective and informed person, as biased.

"I am very pleased with the overall findings of the court," Callaway tweeted. "I hope that the elections commissioner listens carefully to what the court had to say about his actions."

The former UCPleadership candidates' social media posts suggest that he has interpreted that question as the judge agreeing with his lawyer's argument that the commissioner was biased. However, the judge did not rule on allegations of bias.

Kirker told court that public interest outweighed other considerations, and said the investigation would be permitted to continue. She said she found the applicants were "conflating the damage" that may have occurred.

6 hours of arguments

Court sat until nearly 8 p.m. MT Monday night as Kirker heard six hours of arguments from Callaway's lawyer and counsel for the Office of the Elections Commissioner (OEC).

Lawyer Ivan Bernardorepresentedall six applicants and argued there was no urgency to the investigation and no need for it to continue while Alberta is in the middle of a provincial election.

Alberta elections commissioner Lorne Gibson has sent letters to several people who have been interviewed with his "findings of the investigation." Hehashanded out fines and letters of reprimand to several people connected to Callaway's campaign.

Bernardo took issue withthe commissioner making findings before all key witnesses have been interviewed.

But Corinne Petersen, the lawyer for the commissioner, told the judge that Gibson was overseeing a series of investigations involving, not just Callaway, but those connected to his campaign.

It's alleged Callaway ran in 2017 for the purpose of targeting Jason Kenney's top rival, former WildroseLeader Brian Jean, with a plan to step down before the vote and throw his support behind Kenney, who won the race.

Although Kenney and Callaway have deniedthat claim,CBC Newsobtained emails, showing higher-ups in Kenney's campaigncircle providing resources strategic political direction, media, and debate talking points, speeches, videos and attack advertisements to the Callaway campaign.

Kenney's deputy chief of staff, Matt Wolf, even emailed a resignation speech to Callaway the day he dropped out of the leadership race.

Bernardo argued the OEChas beenlooking into an 18-month-old internal party contest and the commissioner should instead focuson the current election.

In her arguments against granting the injunction, Petersen said suspending the investigation because of a complaint from those who are being investigated would amount to"reasonable apprehension of bias in the other direction."

• Alberta Votes 2019: CBC News brings you all the news, analyses and columns you need for the election
• VOTE COMPASS | Find out how your views on campaign issues line up with the platforms of Alberta's major parties

Read the full originating application here:

• Find out how Alberta's political parties are faring in our Poll Tracker
• Listen to The Ledge podcast, as CBC's legislative reporters bring you expert analysis and insiders' insight
• Sign up to get our election newsletter The Scrutineer delivered directly to your inbox twice weekly