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Ousted Burnaby Tory insists she's Conservative, Elections Canada agrees but party doesn't

Last Updated Oct 18, 2019 at 5:37 pm PST

Conservative Party of Canada candidate Heather Leung running in the Burnaby North–Seymour riding. NDP candidate Svend Robinson, running in the same riding, is calling on the Conservatives to boot Leung over homophobic comments she made in two videos that recently resurfaced. (Courtesy, Conservative Party of Canada)

Heather Leung has been removed as a candidate for the Conservative Party in Burnaby North–Seymour

Should Leung be elected, her win would count as a win for the Tories, according to Elections Canada

The Conservatives, however, say Leung would not be a member of the Conservative caucus as she has been removed

BURNABY (NEWS 1130) – Despite being denounced by her party, Heather Leung is insisting she’s still the Conservative candidate for the Burnaby–North Seymour riding.

That’s an assessment Elections Canada agrees with, but the Tories do not.

RELATED: Elections Canada responds to complaints over Burnaby candidate ousted by Conservatives

Andrea Maranz with Elections Canada says votes cast for Leung will be credited to the party that she is affiliated with on the ballot, where she is still listed as a Conservative. Leung was kicked out by the Tories after the deadline to change the ballots has passed.

But should she win a seat, it would count toward her former party on election night.

“Following the vote, it is up to the parties to determine the status of their elected and non-elected candidates,” Maranz says in an email.

Even so, she won’t remain a representative of that party, according to the Conservatives.

“Ms. Leung is not our candidate. If Ms. Leung is elected she will not sit in the Conservative caucus,” Conservative Party spokesperson Simon Jefferies says in an email.

Leung was booted from the party over homophobic comments on video, but continues to use her Tory campaign signs, and is leaving phone messages for potential voters telling them to vote Conservative and support her.

“The Conservative plan will remove the GST from home heating and hydro bills. For seniors, Conservatives will increase the age credit by $1,000. Vote Heather Leung, Conservative in this election. This is Lynne from HeatherLeung.com”

Audio: Voicemail from Heather Leung’s campaign

Now her campaign is insisting that she is still the Tory candidate, although her website lists her as an independent.

“In spite of reports the contrary, Heather Leung will be the Conservative Party of Canada Candidate on the Ballot for the October 21st Federal Election in Burnaby North – Seymour. Elections Canada, and the Chief Electoral Officer for Canada have confirmed that officially, according to the rules and Canada’s Election Act, Heather Leung has met all the requirements and will appear on the federal election ballot as the Conservative Party of Canada Candidate for Burnaby North – Seymour,” reads a press release from Leung’s campaign.

“For the sake of accuracy, and to avoid unnecessary confusion, media outlets are being asked on election night to title Ms. Leung as Elections Canada has, Conservative Party Candidate for Burnaby North – Seymour.”

WATCH: Controversial candidate continues campaign

– With files from Marcella Bernardo