Court File No. T-838-07 FEDERAL COURT L.G. CALLAGHAN IN HIS CAPACITY AS OFFICIAL AGENT FOR ROBERT. CAMPBELL AND DAVID PALLET IN HIS CAPACITY AS OFFICIAL AGENT FOR DAN MAILER Applicants ~and - ‘THE CHIEF ELECTORAL OFFICER OF CANADA Respondent AFFIDAVIT OF GEOFF DONALD I, GEOFF DONALD, of the City of Ottawa, in the Province of Ontario, SWEAR THAT: Introduction 1, Tam a political operations officer with the Conservative Party of Canada (the “Conservative Party”). As such, I have knowledge of the matters herein deposed. 2. This affidavit sets out the following: (a) The applicable Guidelines in relation to the subject matter of the underlying application published by the Chief Electoral Officer of Canada (generally referred to as “Elections Canada”), (b) Documentation obtained from the records of Elections Canada in relation to reports on financing and expense of candidates (sometimes referred to as “local campaigns”) of the Liberal Party of Canada (the “Liberal Party”), the New Democratic Party of Canada (the “NDP”) and the Bloc Quebecois (the “Bloc”) inthe two most recent federal elections. These elections were held on June 28, 2004 (the 2004 Election”) and January 23, 2006 (the “2006 Election”). 3. This affidavit is made in conjunction with the affidavit of Ann O'Grady sworn October 30, 2007, now shown to me, concerning the regional media buys of candidates of the Conservative Party. OUTLINE OF CONTENTS OF AFFIDAVIT 1. Sources of Documentation II. Summary of Information obtained from Records of Elections Canada Elections Canada Published Interpretive Material, 1988-2007 Parliamentary Debates on Passage of Election Expense Legislation Regional Media Buys of the NDP in the 2006 Election Regional Media Buys of the Liberal Party in the 2004 Election and 2006 Election ‘VIL. Aggregate transfers of other parties ‘VIII. Monetary transfers from the Liberal Party, NDP and Bloc to Candidates exactly ot S525 closely matching an amount invoiced to a candidate by the national party (“in and out”) IX. Invoicing to local Liberal, NDP and Bloc campaigns for various forms of unidentified publicity X. Unidentified invoicing to local Liberal and NDP Campaigns for Goods and Services provided by the national party IL SOURCES OF DOCUMENTATION 4, The local campaign documentation contained herein was generally obtained from Blections Canada records by the Ottawa accounting firm Scott Rankin Gardiner LLP, as set out in the report of K. Lyman Gardiner, CA dated October 25, 2007, attached as Exhibit 1.5. Copies of the letters of request from Mr. Gardiner’s firm to Elections Canada are attached as Exhibit 2. Notably the letters request copies of all documentation in relation to “specific entries” from local campaign returns, including “all correspondence if any between Elections Canada and the relevant official agent and any additional documents submitted concerning the expenses or transfers represented by such entries.” 6. Attached as Exhibit 3 is an email to Mr. Gardiner from Janice Vezina, Associate Deputy Chief Electoral Officer at Elections Canada, in which Ms Vezina states that she has “asked for a QA [Quality Assurance] check on the documents to be sent to you given that you are acting for a client and I’m sure you would want to have the most reliable information on which to base your findings ... I would be more comfortable having an auditor compile this information rather than a file clerk.” 7. There are also references made herein to published documentation of Elections Canada containing guidelines issued by Elections Canada over the years concerning pertinent provisions of the Canada Elections Act (the “Act”) II, SUMMARY OF INFORMATION FROM RECORDS OF ELECTIONS CANADA 8. Insummary, the records of Elections Canada indicate that the interpretation it apparently applied in refusing to recognize the expenses for some of the regional media buys of Conservative Party candidates in the 2006 Election (due to in particular to the so-called “national” content of the advertising) is expressly contrary to the interpretations repeated many times by Elections Canada in its own published interpretation material from at least 1988 through early 2007 — when there was an abrupt change published without notice, over a year after the 2006 Election, Elections Canada’s interpretation material also indicates, consistent with the Act, that national parties have an unrestricted right to transfer funds to local campaigns.