MHA and cabinet minister John Abbott has lost his bid to stop the start of a civil trial that could overturn his election win in 2021.
The trial, scheduled to begin on June 16, surrounds claims by Alison Coffin and resident Whymarrah Whitby of irregularities with voting, including the inability to do so, in the so-called pandemic election.
Coffin, the NDP leader at the time, lost by 53 votes to current cabinet minister John Abbott in the district of St. John’s East-Quidi Vidi.
But if she wins at trial, that result would be void and a byelection would be called before the next general election, which must happen by October 14, but could be called earlier.
So time is of the essence for the lawsuit, and at the heart of an appeal of the trial itself—with defendants Abbott and then-chief electoral officer Bruce Chaulk arguing the byelection window has already closed so any trial would be moot.
Then-NDP Leader Alison Coffin enters the courtroom to find then-Chief Electoral Officer Bruce Chaulk already there in this May 10, 2021 file photo. (VOCM News)
But the Court of Appeal’s Justice Frances Knickle disagreed, saying there would still be key issues to resolve.
And Knicle dismissed Abbott’s bid to stay what he called the “illegal” trial, which he said would cause him “irreparable harm and unwarranted incursion on his Parliamentary privileges and immunities.”
In short, the risk of losing his seat.
Abbott also bemoaned the prospect of having to “re-win” it.
Knickle said that assumes it was won fair and square in the first place.
“Whether the seat was rightfully won is the point of the trial,” said the judge.
