The Election Commissioner sought a civil contempt ruling against several Respondents for failing to attend interviews related to an investigation into alleged improper political contributions to the United Conservative Party, pursuant to Rule 10.52.

Despite efforts by the Commissioner’s office to gather relevant evidence and issue formal Notices to Attend, the Respondents did not appear. Their counsel had previously stated that they would not participate further due to expected legislative changes through Bill 54 (the Elections Statutes Amendment Act).

The Court agreed with the Election Commissioner that Bill 54 did not change the Election Commissioner’s essential power to summon any person to be interviewed by way of Notices to Attend, nor did it change the Election Commissioner’s power to seek a ruling of contempt from the Court for non-compliance with a Notice to Attend.

There was no reasonable doubt that the Respondents intentionally breached their obligation to comply with the Notices to Attend. There was also a complete lack of sworn evidence from the Respondents to support a finding of any reasonable excuse. The Respondents were found in contempt for non-compliance with the Election Commissioner’s Notices to Attend, with the remedy to be determined at a later date.