Ms. Dorothy Rice Chief Electoral Officer Elections Nova Scotia 202 Brownlow Avenue, Suite 505 Dartmouth, NS B38 1T5 July 28, 2023 Dear Ms. Rice: 1 am writing to file a formal complaint against the Liberal Party of Nova Scotia with respect to the. Preston by-election pursuant to section 307 of the Elections Act, SNS 2011, ¢ 5 (the “Acf), ‘which states: “Every person is guilty of an offence who, during an election, knowingly makes, distributes or publishes a false Statement of fact about a candidate's character or ‘conduct for the purpase of influencing the election” ‘The Liberal campaign has put up a sign (see attached) that reads: “DUMP THE DUMP The C&D Processing site will harm this riding. Houston's Conservatives have done nothing to stop the dump We must stop them Vote Carlo Simmons” In much smaller text, the sign says: “Authorized by the official agent for Carfo Simmons" The Liberal campaign has a door knocker (attached), that has similar text to the sign and also reads: “Houston's Minister has ignored my letter despite the potential impacts this dump will have on residents... The disregard from Houston's govemment for the issues affecting this riding is disappointing.” ‘Once again in much smaller text, the sign says: “Authorized by the official agent for Carfo Simmons® To provide background on this situation, the Liberal candidate is referring to a potential C&D site inthe coniuency of Peston. In order for a C&O sf to become active, would require a Said Waste Management Faciity Approval fom the Department of Environment and Glimals Change. Upon seeking clarification from the Minister of Environment and Climate Change, no applications have been submitted to his Department with respect to this potential site. Therefore, any discussion, of suggestion that the PC Goverment woud activa auch se, 5 not oly intentional misleading, bu f is dangerous for a canddste to fear monger for he purposes of influencing votes, contrary to secon $07 of the Act The Liberal candidate appears o intentionally mislead the publi by fabricating an issue that curenty does not exist. Win is statement hat ‘Houston's Conservatives have cone nothing fo 0p the dump’ one coud infr tat the is an ongoing issue wih a dump in which he PC Party/Houston government can address. Once again, we understand fom the Minster of Environment ha there is no active application to consider and therefore no current scenario n wich the PC Party or goverment can address an issue related to tis dump. Making a statement hat a government can stop something that not at issue before it is like the PC Party putting up a sign that reads: “Stop th Liberal rom closing all spiel.” “Stop the Liberals from turning away doctors.” “Stop the Liberal fom shutting down ong-trm care beds.” “Stop the Liveal rom facking n Preston” Futhermore, the Liberal candidate tates in his erature that the Minister of Environment “ignored” his letter on the subject. Once again, upon seeking clarification from the Minister, he confimed that on July 10, 2023, his Department responded. So to axplity slate that the Liberal candidate was ignored, is a false statement. We would appreciate your consideration of tis issue and would ask hat th Liberal candidate be require 1 remove ll misleading signs and material. Th Moet Executive Director, PC Party of Nova Scotia i ; 7 SR BE ANCE a go = 5 ! rT Ee Cr { Voit tae RB RR | ene. RE SRS NE Sn] RN hE J SA aa RET ae NY LT A meee Sn IN sR a a Ee SON RL, ESE iets Leet ae a ee Cee eee Ean on aE Lega Poan a Sores aa ne] Glee REESE 7 Y ' & \ a Se . « We've heard your voices loud and clear. The C&D Processing site will harm this riding, That is why | personally wrote a etter to the. Houston's Minister of Environment demanding Immediate action 3 Houston's Minister has ignored my letter despite the potential % impacts this dump will have on residents. 1" This dump will affect | & _ » Yourhome X | 3 » Your health { » Your wellbeing kL LET ES EERE ER TIE Ek overlooked and undervalued. The disregard from i 3 ET 3 ding is disappointing and | plan on being the voice gd that you deserve. | 2 - [¥ BH - 2 wl De - — ree rox: X 3 TO i oc? fat ‘ 7 DUMP the DUMP, Z i Houston’s Conservatives i ; 4 to stop this dump. = have done nothing to stop this dump. = BE We must stop them. 4 wt — : 4 a if “ Vote Carlo Simmons Svect Adis 202 Brownlow Avenve| uke SUS rane 024248584 Tk foc 1S 10065-1504 Oarmouth N51 838 175 TY for the henge SUL ATUTATS ing Ades PO Box 246 Hall NS 83)3C8 Fo samen fre dactions@novcotinca = wwelectiomsnoviscotvca August 1, 2023 Sent via email only Penny Morash penny.morash@pcparty.ns.ca Dear Penny: 1 am writing in response to the complaint you submitted to me on Friday, July 28, 2023, regarding signs and door knockers being used by the Liberal campaign, referring to the potential C&D site proposed within the community of Preston. Your complaint contended the following: 1. The ads were in contravention of Section 307 of the Elections Act due to: a. The ads intentionally misleading the public by fabricating an issue that currently does not exist. b. The ads promoting the inference that there is an ongoing issue with a dump in which the PC government can currently address. c. The statement that the Minister of Environment and Climate Change ignored the Liberal Candidate's letter, but that a response was provided by the Department on July 10, 2023. You requested that all misleading signs and materials be removed, 1 requested that the Liberal Party provide evidence to backup the content of the campaign's signs and door knockers. Upon reviewing their submission, I do not feel that they are properly representing the facts of this matter. They have been instructed to remove all signs, by 12:00 AM Thursday, August 3, 2023, and cease use of related door knockers/flyers immediately. Should they not comply with my order, they will be deemed in breach of section 307 of the Elections Act. 2 b> ELECTIONS NOVA SCOTIA 1 appreciate you raising these concerns with me. Do not hesitate to reach out to me should you have further questions or concerns regarding my decision. Sincerely, Dorothy Rice Chief Electoral Officer Nova Scotia Liberal Party 1400-5151 George Street Halifax, NS B3J 1M5 Elections Nova Scotia c/o Dorothy Rice, CEO 202 Brownlow Ave, Suite 505 Dartmouth, NS B3B 1T5 August 2, 2023 Dear Ms. Rice, Re: ENS Order of August 1, 2023 I am writing today on behalf of the Liberal candidate for Preston, Carlo Simmons, in response to your order of August 1, 2023 requiring his campaign to remove specific signage and literature by August 3 at 12:00 AM (“Campaign Materials”). After discussions with the candidate, he has indicated he will not remove the signage and literature. Carlo regards this issue as one of high importance to the local community he is seeking to represent, and an active issue of discussion in the election. While he is making every effort to speak with every elector individually, it is simply not practical given the short duration of the writ period – and as such, signage and literature are the only methods through which he can reach an important subset of the electorate. The statements in the Campaign Materials do not constitute a “false statement of fact in relation to the personal character or conduct of a candidate” within the meaning of section 307 of the Elections Act. There are a myriad of things a governing party can be doing within its legislative jurisdiction to address these issues. If the governing party does not agree that it can do something about waste processing facilities and their impact on residents, it is open to the governing party to respond. That is political debate. With respect, Elections Nova Scotia is not in a position to label the Campaign Materials as false simply on the basis there is no active application for approval of a waste management facility or by opining that a particular letter constitutes an appropriate response. Candidates and electors are free to comment on activity or inactivity of any government. It is not for Elections Nova Scotia to determine the government is not obligated to address an issue unless it receives a formal application or that a matter “remains with the municipality”. These explanatory statements can be and should be made by the Progressive Conservative party in the political arena. The Elections Nova Scotia Order infringes political speech and is contrary to the right to freedom of expression guaranteed under the Charter. If given the opportunity, the candidate will gladly debate before you whether or not the current government and the current legislation properly address the interests and participatory rights of residents in relation to waste management. This type of debate, however, is not what was intended under section 307 of the Elections Act. Nova Scotia Liberal Party 1400-5151 George Street Halifax, NS B3J 1M5 As such, Carlo feels it is his duty to represent the genuine wishes of his local community and will continue his campaign until the government commits to implementing a moratorium on the construction of new C&D waste processing facilities. Sincerely, Mitchell Gallant Interim Executive Director Nova Scotia Liberal Party