Liberal MP Nate Erskine-Smith loses appeal of provincial party nomination in Scarborough

The decision Sunday night confirms the victory by Hafiz, who will run as the Liberal candidate in a byelection Premier Doug Ford is expected to call this summer. 

“Having carefully reviewed all of the evidence, we find that there were no irregularities in the conduct of the meeting that affected the result of the vote or that call the meeting’s integrity into question,” said the 17-page decision from the board headed by former Liberal cabinet minister David Zimmer, a lawyer.

“We are satisfied that the party’s rules were followed and that Ahsanul Hafiz was the true winner of the vote. The appeal is dismissed.”

The decision said the Liberal MP and his team did not raise concerns until after he had lost the vote. 

“They had opportunities throughout the day to dispute the propriety of conduct in the voting room. The returning officer’s evidence is that they never did this,” wrote Zimmer. “This supports our conclusion.”

Erskine-Smith did not comment before the Star’s deadline. 

A lawyer acting for Hafiz said any problems should be flagged during the voting. 

“The entire process is built on this is where you make your case,” said Jack Siegel, a former general counsel to the election campaigns of Dalton McGuinty and Kathleen Wynne. 

Interim Liberal leader John Fraser said it’s now time to concentrate on the looming byelection, where the party hopes to gain the seat after finishing third there since 2018. 

“Our focus is on the voters of Scarborough Southwest. They have an important decision ahead, and we will work to earn their trust.”

Erskine-Smith, who has represented the neighbouring riding of Beaches-East York in the House of Commons since 2015, sought the nomination as part of a switch to provincial politics and a plan to run for leader of Ontario’s Liberals.

Following his protests about the nomination vote, the MP pledged to resign his seat in the House of Commons after Parliament begins its summer recess and suggested he was less inclined to make a leadership run, leaving his political future unclear. 

The three-member arbitration board‘s review was held Wednesday evening.

Erskine-Smith’s notice of appeal urged the provincial party to tighten its rules for voting in nomination races, saying some voters were allowed to use “Amazon orders” as proof of address within the riding.

Among other concerns, the MP said he lost by 19 votes to Hafiz, but there were 34 more ballots counted than there were recorded voters.

“Scrutineers witnessed the following irregularities: people voting then returning to the credentials lines, people entering the voting area via the exit, people without any credentials staying in the voting area after they voted, or coming and going throughout the day,” the appeal said.

The three-page document added Erskine-Smith workers saw “countless individuals taking pictures of their ballots,” raising suspicions of vote-buying. 

Scarborough Southwest has been without an MPP since New Democrat Doly Begum resigned to join the federal Liberals in February.

She subsequently won a byelection April 13, replacing the riding’s former Liberal MP, Bill Blair, now Canada’s high commissioner to the United Kingdom.