Day 11
Note: I am a poor note-taker and these summaries will contain errors and omissions which will reflect my limitations. My intention is to report on the facts as accurately as possible although a subconscious bias may creep in. I can only provide glimpses into what I see as relevant and interesting events. My goal is to capture the essence of the day’s events rather than be comprehensive.
Read the reference documents: The Legal Case and Events Leading to Trial to obtain an understanding of the case and its history. Names and terms are abbreviated and defined in Glossary.
Caylan’s lawyer, Richard Harison, conducted the direct examination of Justin Charbonneau. Mr. Charbonneau is a partner and advisor with a financial firm and holds several financial accreditations. He gave evidence on behalf of the Plaintiff, Caylan.
The 2018 Mountainview UCP Constituency Association Annual General Meeting
Mr. Charbonneau was a resident of Mountainview in 2018 and attended the AGM.
He met Jivraj at the meeting; he thought Jivraj knew many people and was charismatic.
Mr. Charbonneau was elected to the Board of Directors (the “Board”) and appointed treasurer of the Association.
A president was to be elected, and Jivraj nominated himself.
Jivraj appeared to have many supporters; in hindsight, Mr. Charbonneau realized that Jivraj had “stacked” the meeting.
Jivraj was elected president of the Constituency Association.
Functioning of the Board
At the outset, the Board appeared to function normally.
Over time, the Board became chaotic and dysfunctional.
Jivraj invited Mr. Charbonneau for coffee and presented him with the “fraudulent resident” letter, Tab 56, [click HERE to view]
Jivraj claimed he had evidence about Caylan and persuaded Mr. Charbonneau to sign the letter.
Unsuspecting, Mr. Charbonneau signed, assuming Jivraj would also sign.
Jivraj never signed the “fraudulent resident” letter.
Mr. Charbonneau believed the letter was confidential and would be sent to UCP HQ.
Instead, the letter was “leaked” to Press Progress by Jivraj.
When Mr. Charbonneau learned that Jivraj had not signed the letter, a “shit storm” erupted.
He was livid about Jivraj’s conduct.
He contacted Caylan, who clarified the residency issue, told him about the domain name appropriation, and described Jivraj’s other nefarious conduct.
Mr. Charbonneau concluded that Jivraj was a liar, dishonest, corrupt, and had a vendetta against Caylan.
He made an official complaint to Ms. Herrington, Executive Director of the UCP, Tab 106.
In his complaint letter, he wrote: “I have growing concerns about our boards ability to operate in an unobstructed manner due to Jivraj’s continued underhanded tactics.”
The Party investigated Jivraj and the “fraudulent resident” letter.
The Party exonerated Caylan and confirmed she was a legitimate nomination candidate.
The Party described Press Progress as “an NDP attack site.”
Mr. Charbonneau confronted Jivraj and accused him of deceit.
At the next Board meeting, Jivraj “threw the signers of the letter under the bus” and renounced the letter.
At a subsequent meeting, Jivraj admitted writing the letter, persuading members to sign, and leaking it to Press Progress.
Mr. Charbonneau realized Jivraj was stonewalling the nomination process and attempting to eliminate Caylan from the contest.
Although supposed to be neutral, Jivraj was backing Hlady as a nomination candidate.
Mr. Charbonneau knew Jivraj was behind the attacks on Caylan.
Board members told Jivraj he could resign as president or be forced out.
Jivraj resigned.
Caylan’s Election
Caylan was elected as the Mountainview candidate in a fair and equitable nomination process.
Mr. Charbonneau considered her a strong, well‑spoken candidate with solid conservative views and socially liberal positions.
She seemed like the right candidate.
He headed fundraising for Caylan and raised a record amount.
The Fatal Publication
The March 18 Press Progress article about Caylan was published.
Caylan resigned as a candidate.
Mr. Charbonneau resigned from the Board.
He had never experienced corruption comparable to that demonstrated by Jivraj.
He never formed the opinion that Caylan was a white supremacist or homophobic.
Cross‑Examination by Mr. Mack, Counsel for the Broadbent Institute, Mr. Magusiak and Mr. Lebrun
Mr. Charbonneau became involved in politics because he believed Alberta politics were headed in the wrong direction under the NDP.
He and several Board members were involved in forcing Jivraj’s resignation.
He spent about an hour with Jivraj at the café before signing the “fraudulent resident” letter.
He could not recall whether other signatures were already on the letter.
When he signed, he knew nothing about Caylan.
He understood he was making serious allegations, including fraud.
He did not ask Jivraj for evidence; he relied on Jivraj’s representations and was too trusting.
He did not know how many Board members would be solicited or would sign.
Cross‑Examination by Amy Cooper (Toronto Star)
When they first met, Jivraj told Mr. Charbonneau he was a lawyer.
Jivraj was a good salesperson.
Direct Examination of David Savelrud
Mr. Savelrud is a retired lawyer with extensive corporate governance experience. He gave evidence on behalf of Caylan.
He joined the Board at Hlady’s request and became chair of the Rules Committee.
Jivraj was elected president of the Constituency Association.
Jivraj chaired the LCNC (Local Candidate Nomination Committee).
The LCNC accomplished nothing under his chairmanship.
As LCNC chair, Jivraj asked Mr. Savelrud to investigate Caylan but provided no reason or evidence.
The “fraudulent resident” letter was published by Press Progress, accusing Caylan of misrepresentation and deliberate fraud.
Mr. Savelrud reviewed UCP rules and confirmed Caylan was a legitimate nomination candidate.
He was incensed that 9 of 26 Board members had signed the letter, falsely representing it as a Board decision.
He found it egregious that Jivraj used the Board’s private membership list to circulate the letter.
Jivraj did not seem to accept or respect UCP rules and bylaws.
The Party investigated the letter and suspended Jivraj as a Party member.
Jivraj continued to represent himself as president after suspension.
The Board became increasingly dissatisfied with his conduct.
Jivraj was given the option to resign or be forced out; he resigned.
Caylan won the nomination contest.
Mr. Savelrud became president after Jivraj’s resignation.
The Board then became cohesive and focused, and Caylan’s campaign progressed well.
Direct Examination of Christopher Muldoon
Mr. Muldoon is a director of investment banking and a Mountainview resident. He gave evidence for Caylan.
He was elected to the Board.
He had never been involved in politics before or since.
He became involved in 2018 because the NDP had created challenging conditions for the oil and gas industry.
Hlady, his neighbour, asked him to join the Board.
He did not attend the first meeting but learned Jivraj had been elected president.
He did not know Jivraj.
Hlady later visited his home and alleged Caylan was a parachute candidate, persuading him to sign the “fraudulent resident” letter.
Mr. Muldoon believed the letter was a private Party matter and assumed Jivraj would sign.
He learned Jivraj had not signed only after Press Progress published the letter.
He was embarrassed because his signature was visible in the article and regretted signing.
Hlady told him the letter was Jivraj’s work; Mr. Muldoon distanced himself from Jivraj.
Hlady’s breach of trust damaged their acquaintance.
Mr. Muldoon became more engaged in Board work after the letter.
He recognized that bad actors were at work in the Association.
He was angry at Hlady, Jivraj, and Press Progress.
He received the official UCP letter confirming Caylan was a legitimate candidate.
Initially, Jivraj denied writing and leaking the letter, pretending rogue directors were responsible; in fact, he had written and leaked it.
Direct Examination of Harrison Fleming
Mr. Fleming has extensive senior political experience, including work in the Harper administration and as director of communications for the Kenney government. He gave evidence on behalf of Caylan.
In 2019, he was in the UCP “war room,” where Party decisions were made.
He became aware of Caylan and was impressed.
The Party was seeking young, capable candidates, ideally female.
Caylan broke the mould and broadened the Party’s appeal.
He considered her a star candidate and front‑row cabinet material.
Press Progress published its defamatory March 18 article.
The article made Caylan disreputable and required senior‑level consideration.
Her reputational damage threatened the Party and its campaign.
The Party decided Caylan must resign or be terminated; she was given the option to resign.
She resigned, and the Party lost a star candidate.
Political parties must operate on news that becomes part of the narrative, whether true or false.
Caylan had become toxic, and for expedient political reasons the Party had to abandon her.
As director of communications, Mr. Fleming convened daily meetings with 40–50 chiefs of staff.
He made it clear that no Party member or operative could be seen supporting or associating with Caylan.
The message was clear, and no one thereafter had anything to do with her.
Cross‑Examination of Mr. Fleming
On the night of March 18, senior campaign members were in the war room.
After the article was published, the war room was flooded with media inquiries nationwide.
When Mr. Fleming read the quotes attributed to Caylan, he thought they resembled an academic discussion of public issues.
Press Progress posed charged questions of the “Why did you beat your dog” type.
He knew Press Progress was not seeking a credible response but a panic response.
The war room knew Caylan wanted to respond but instructed her not to.
Mr. Fleming stated that political reality trumps truth and that engaging with Press Progress was pointless.
He said that when truth, narrative, and electoral needs conflict, the Party must choose the latter.
He was controlling the message in the Party’s interest, not Caylan’s.
Jason Kenney made the decision that Caylan had to resign.
Caylan “fell on her sword.”
Re‑Direct Examination of Mr. Fleming
Media outlets across Canada contacted the UCP war room after the article: Canadian Press, CBC, the Toronto Star, radio stations, and TV shows.
Mountainview shifted from a riding the UCP expected to win to one they assumed they would lose.
The Party stopped allocating resources to the riding.
Had Caylan run and lost, she would have secured a senior staff position in government.
Court adjourned.
Comment
· The testimony of Mr. Charbonneau and Mr. Savelrud highlighted the duplicitous character of Jivraj.
· Mr. Muldoon’s evidence highlighted the collaboration between Jivraj, Hlady, and Press Progress, all of them intent on destroying Caylan.
· Mr. Fleming’s evidence made it clear that Caylan would have been in cabinet had she been elected.
· Mr. Fleming also confirmed that after her resignation Caylan was deemed toxic by the UCP Party and all association with her ceased.