Nate Erskine-Smith, a long-time Liberal MP, addresses the media in Toronto after losing his nomination bid on Saturday. Mr. Erskine-Smith was planning to make the leap into Ontario politics.Arlyn McAdorey/The Globe and Mail
Nate Erskine-Smith is challenging the results of the recent Ontario Liberal nomination in Scarborough Southwest, citing serious irregularities in a contest he lost by 19 votes.
Mr. Erskine-Smith, currently a federal Liberal MP, filed a notice of appeal to the party’s arbitration board on Tuesday. It says the results of the May 9 contest should be set aside based on irregularities, including allegations of inconsistencies about proof of identification required to cast a ballot.
“This is no longer about any individual candidacy. It is about the integrity of our democratic process. A full investigation is essential,” the appeal says.
Nate Erskine-Smith loses Ontario Liberal nomination in Scarborough, denting leadership hopes
The appeal also alleges that there were 34 extra ballots counted in the race when compared with the number of voters.
It calls on the party to redo the nomination or appoint a candidate, but says that Mr. Erskine-Smith would not run in the riding again.
“To avoid any perception of self-interest, Mr. Erskine-Smith will remove himself from any future process or consideration in Scarborough Southwest if it means the party will investigate and take action,” it says.
The Ontario Liberal Party confirmed it received the appeal and said it has been referred to the party’s independent arbitration committee, chaired by former Ontario cabinet minister David Zimmer.
“I have complete confidence in the integrity of our party’s process and in the work of the arbitration committee,” interim Ontario Liberal leader John Fraser said in a statement on Tuesday.
“The committee will review the appeal carefully, fairly, and swiftly, consistent with our rules and procedures.”
Mr. Erskine-Smith had hoped to make the leap to provincial politics as the candidate in a yet-to-be-called by-election in the east Toronto riding, before an expected run for leader of the Ontario Liberals.
His plan hit a snag Saturday when he lost the nomination to Bangladeshi-born pizza-store franchisee Ahsanul Hafiz, who is also the vice-chair of the federal Liberal Party in Ontario.
Ahsanul Hafiz is surrounded by supporters after winning the Ontario Liberal Party nomination in the riding of Scarborough Southwest, at Birchmount Park Collegiate Institute in Toronto on Saturday, May 9.Arlyn McAdorey/The Globe and Mail
Mr. Erskine-Smith has yet to say whether he still plans to run for leader. But he told CTV’s Power Play on Tuesday that it’s “much less likely” that he’ll run and the decision will require reflection and a discussion with his team. He also said he would resign his federal seat in Beaches-East York over the summer.
In a blog post released Tuesday, Mr. Erskine-Smith, a former lawyer, said he debated about whether to file the appeal, noting that it was taxing on him both professionally and personally to do so.
“But doing politics differently is why I left law in the first place, and honesty and integrity matter more than whatever might be easier for me personally,” he said.
In his post, Mr. Erskine-Smith raises serious concerns about the race, including allegations from his chief scrutineer in the contest. Mr. Erskine-Smith alleges that “dozens and dozens of asylum seekers voted with their refugee claimant documents,” and that others were able to prove their addresses using apartment leases, sometimes unsigned, and, in two cases, with the names of voters under 18.
He also said that in the last hour or two of voting, the Ontario Liberal Party “lost control of the voting process nearly entirely.”
“Various people came and went, moved throughout the room, or hung around with little scrutiny,” he wrote.
The appeal alleges that about 500 people who entered the voting room had issues providing proper identification. It says about a third of those people, numbering around 175, were deemed eligible to vote.
It alleges that an unusually high number of people claimed to have “just lost” their driver’s licence or that they “just moved” to the area. It says the party verified identification rules inconsistently.
Besides lease documents, it also says digital report cards, Amazon orders and other non-standard forms of residency were approved in an ad hoc manner.
“One voter was allowed to vote with a visitor’s visa to Canada, a Bangladeshi passport for photo ID, and banking information,” the notice alleges.
It also claims that people were “explicitly directing others how to vote inside the voting booth,” and that “countless individuals” were taking pictures of their ballots and on video calls while voting.
The appeal calls on the party to amend its voter eligibility rules to limit participation to citizens and permanent residents and says Elections Ontario should manage nomination processes.
“In the end, we need change across Ontario and in our Ontario Liberal Party. We cannot effectively take on Ford’s Conservatives until we get our own house in order,” it says.
Mr. Fraser told reporters at Queen’s Park on Tuesday that he stands by his assertions that the race was run fairly. He said the arbitration board, which includes two lawyers, will adjudicate the matter “expeditiously and thoroughly.”
“We take it seriously, just like we took the nomination seriously,” Mr. Fraser said.
Mr. Hafiz told reporters on Monday that he too stands by the nomination process, and he’s focused on winning the by-election.
The NDP won Scarborough Southwest in the past three elections, but the seat was vacated in February when former Ontario NDP deputy leader Doly Begum quit to run for the federal Liberals.
The Ontario Liberal Party will announce its new leader on Nov. 21.
With a report from Jeff Gray in Toronto