Alberta NDP file fundraising ethics complaint against Premier Jason Kenney

The Opposition NDP filed an ethics complaint against Premier Jason Kenney on the first day of the legislative session Wednesday, alleging he improperly used the office of the premier in fundraising letters.

"This violation arises from a fundraising letter sent from the United Conservative Party soliciting contributions to cover the United Conservative Party's outstanding campaign debt of $340,000," NDP democracy and ethics critic Heather Sweet wrote in a letter to Ethics Commissioner Marguerite Trussler.

The letter is dated May 15 but the party confirmed it emailed the letter to Trussler's office Wednesday morning before the throne speech. Trussler does not confirm or deny complaints.

"It is clearfrom this that Premier Jason Kenney and the United Conservatives are using Jason Kenney's position as Premier of the Province of Alberta to generate funds to pay down over a quarter million in debt they gained during the recent campaign," Sweet said, adding that this, "in our mind, breaches the ethical obligations that the United Conservatives, as well as every other party, owes the people of Alberta."

Sweet's complaint to the ethics commissioner included two fundraising letters that directly reference the premier's office and Premier Kenney.

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The first is a letter Kenney sent UCP supporters on May 2. He begins by citing the UCP's "historic victory" in April's provincial election and then lists the party's platform promises, before asking for support.

"Thanks to the amazing generosity of our supporters, we raised almost enough funds to pay for our $2-million campaign," Kenney writes. "But we also incurred expenses to prepare for the campaign, including pre-election advertising that was a key part of our success.

"I am told that we now need to raise $340,000 to pay all of our bills," Kenney continues. "I hope that you can help us with a contribution today to cover those costs."

The letter is signed "Premier Jason Kenney."

Sweet said that is a potential breach of the province's Conflicts of Interest Act.

"Under the ethical obligations as an elected official, we are not to be using our titles to fundraise," she said. "And yet he is using this as an opportunity to rally his base and to raise money off of it."

Sweet said Kenney can use his title as leader of the UCP to fundraise, but it is "unethical" to use his title as premier to do so.

Kenney's press secretary Christine Myatt said after the UCP was contacted for comment by CBC News, the party checked with the ethics commissioner and wastold there is nothing in either letter "that raises any ethical concerns."

In response to a question from Sweet in the legislature Thursday afternoon, government House leader Jason Nixon reiterated that there was nothing wrong with the fundraising letters.

"Let me be clear: we did nothing wrong, we have no concerns with how we have acted on this," Nixon said, but added that "in the future, we won't use our titles inside our party emails."

This is not the first time Kenney has landed in hot water over a fundraising letter.

In March 2011, a staffer working for Jason Kenney then the federal immigration minister resigned after sending a Conservative party fundraising letter using Kenney's MP letterhead.

Kenney apologized and took responsibility for his employee's actions. His spokesperson said that using parliamentary or government resources for partisan activities was "completely unacceptable."

Three months later, the staffer was rehired as Kenney's director of communications.

Precedent for fundraising ethics complaint

The second communication at issue was sent by UCP Government House Leader Jason Nixon on May 13.

Nixon, who is also environment minister, asked party supporters for a "small donation" to help spread the UCP's job-creation message. The email opens with a description of two commitments "our Premier" made in Grande Prairie the previous day: to cut the corporate tax rate and scrap the provincial carbon tax.

While Nixon explicitly mentions Kenney's cabinet position even adding at the end, "It feels good to finally call Jason Kenney our Premier!" he does not mention his own, signing the letter as "MLA: Rimbey-Rocky Mountain House-Sundre."

The NDP believes there is a precedent for its complaint against Kenney.

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In March 2012, then Conservative premier Alison Redford ordered Gary Mar to take a paid leave from his job as Alberta's Asian trade envoy in Hong Kong while an ethics investigation was conducted.

Mar held a fundraising event at the Edmonton Petroleum Club on March 1 to help pay $262,000 in debts left over from his failed run for the leadership of the Alberta Progressive Conservative party.

A source told CBC News that one version of an invitation for the event mentioned Mar's position in Asia and implied that ticket-holders would learn how to do business in Hong Kong.

Tickets were $400 and organizers auctioned off a trip to Hong Kong.

A second version of the invitation contained no reference to Mar's position.

After the ethics commissioner determined the matter didn't fall under his jurisdiction, the government hired a labour relations expert to conduct an independent investigation.

The review found no conflict because Mar was not involved in the direct solicitation of money from the dinner nor would the funds go directly to him. And people attending the event were not given any information that was not freely available to the public.

The review also found no special access was given or expected by the winner of the trip to Hong Kong.

Mar was a minister in the cabinet of former premier Ralph Klein. Redford named Mar to the Hong Kong job two weeks after he came second in the leadership race.

Although the review cleared Mar, then Wildroseleader Danielle Smith said the situation didn't "pass the smell test." She said Mar should repay the $20,000 reportedly raised at the dinner in order to keep his envoy job.

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