Take Back Alberta (TBA) and its founder David Parker are seeking to overturn $120,000 in fines levied by Elections Alberta for activities related to the 2023 provincial election. The group and Parker argue that the province's election finance disclosure laws breach the Canadian Charter of Rights and Freedoms, according to new court filings.
Background of the Fines
In February 2025, Elections Alberta fined TBA $112,500 and Parker $7,500 for what the agency described as “numerous substantive breaches” of the Election Finances and Contributions Disclosure Act (EFCDA). The agency accused TBA, a registered third-party advertiser, of failing to submit required financial reports, circumventing advertising spending limits, and accepting out-of-province contributions.
Constitutional Challenge
Last week, a lawyer for TBA filed a notice of constitutional question in the Court of King’s Bench in Calgary. The filing lists a dozen questions, ten of which seek clarity on whether parts of the EFCDA infringe on Charter rights, including free speech, assembly, and association. The filing requests that Elections Alberta’s findings be rescinded and that the fines be declared “excessively punitive.”
The filing also accuses election commissioner Paula Hale of failing to consider the “chilling effect on political discourse” from her ruling, referencing a court-ordered release of TBA contributor names that Parker initially opposed.
Details of the Violations
The fines stem from TBA’s in-person and online town halls in spring 2023, including an event in Red Deer featuring Jordan Peterson. Elections Alberta’s 68-page investigative report, included in court filings, found that TBA’s messaging fell under the EFCDA. The report noted that TBA’s meetings outlined a plan to challenge then-leader Jason Kenney ahead of the May 29, 2023, election and spoke out against the Alberta NDP and Rachel Notley.
“TBA knew, or ought to have known, that it was engaging in election and political advertising,” Hale’s report stated, accusing the group of “willful blindness.”
Parker’s Response
Parker has refused to pay the fines, which were sent to Crown debt collections last year. In a January interview, he said a lien had been placed on his home but that he intended to “further damage” Elections Alberta, reiterating he had no intention of paying. He did not respond to a request for comment.
