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The post was made during the summer’s byelection campaign in the Spruce Woods constituency, which was narrowly won by the Tories.

The Election Financing Act bans most government advertising during elections and byelections but doesn’t prevent leaders from making promises using party money and staff.

The premier’s office has said no government resources were used in making the post, but Khan says the premier’s social media accounts are a government resource and political staff have been used over the years to create content and build a following.

Khan says in addition to the ongoing commissioner’s investigation, he wants a Court of King’s Bench judge to rule on the matter in order to send a clear signal.

“The (government) is prohibited from making new funding promises during the election period, because it tilts the playing field in the government’s favour,” Khan told reporters outside court Friday.

“They need to hear from the Court of King’s Bench that they broke the law.”

Khan filed a three-page notice with the court Friday and said an affidavit and other material would come later.

This report by The Canadian Press was first published Sept. 26, 2025.