NDP Leader Alison Coffin’s bid for a recount in St. John’s East-Quidi Vidi could fall victim to a catch-22.
Coffin’s lawyer Kyle Rees says that’s the problem he faced in arguing the case yesterday.
A judge said the application lacked specific evidence as to why the scrutineer believed there were errors, calling the affidavit “speculation.”
However, Rees says therein lies the rub. He acknowledges specific details are needed to secure a recount, but he notes that’s the crux of the application — to get access to that specific evidence which they’ve been unable to view.
Rees admits the arguments are unusual and unprecedented, but says so was the entire election.
Liberal John Abbott defeated Coffin by 53 votes, but no one can be sworn in until the recount issue is resolved.
Justice Donald Burrage will take care of that Wednesday afternoon.
Meanwhile, three other applications seeking to overturn results in three districts will be back before the court on May 19th.
Earlier Story
A decision on whether there will be a recount in the district of St. John’s East-Quidi Vidi will be delivered on Wednesday.
Supreme Court Justice Donald Burrage heard arguments this morning mostly from lawyer Kyle Rees, who’s representing NDP Leader Alison Coffin.
Rees, who is also on the executive of the party, says the recount is necessary to address the many problems voters and scrutineers faced in trying to make sure all valid votes were counted and not wrongly rejected.
(Left: Alison Coffin. Right: Bruce Chaulk.)
Lawyers for Elections NL and chief electoral officer Bruce Chaulk are not arguing against a recount, but are supplying the court with various legislative information to inform the judge’s decision.
Justice Burrage did express concern that many of the arguments put forth by the NDP would be more appropriate for their other application to throw out the results altogether and order a new vote in St. John’s East-Quidi Vidi.
The judge said he expects to decide yea or nay on the recount by Wednesday afternoon.
