ST. JOHN'S, N.L. — A hearing Monday in Newfoundland and Labrador Supreme Court ended exactly how Whymarrh Whitby hoped it wouldn't: in another delay.
The St. John's, N.L., man has spent the past four years embroiled in a slow-moving lawsuit that alleges flaws in the province's chaotic 2021 provincial election denied him his right to vote.
“I still care about it, because it's still a thing that matters to the public,” Whitby told reporters after Monday’s hearing. “Everyone should have the ability to vote in an election. I think it's a shame that there were people like myself who couldn't, despite many best efforts. It mattered then, and it should still matter now.”
His lawyers are ready to go to trial and the constant delays have been draining, he added.
Whitby says he never received a ballot after the 2021 provincial election was sideswiped by a COVID-19 outbreak, prompting election officials to cancel all in-person voting and shift to a mail-in vote. The Liberals won a slim majority with a voter turnout of 51 per cent, according to Elections NL.
Whitby’s lawsuit is co-signed by former provincial NDP leader Alison Coffin, who lost her seat in the St. John’s East-Quidi Vidi district in 2021 by 53 votes. Coffin is seeking a byelection in her district, where Whitby was registered to vote.
The suit alleges Bruce Chaulk, the former chief electoral officer, failed to run an election that was fair, impartial and in compliance with the province’s Elections Act.
But with another provincial election expected this year, Andrew Fitzgerald, a lawyer representing Elections NL, says the lawsuit is moot. He'll make that argument on March 20 when the case is back in court.
Coffin acknowledged that it will likely still be weeks before the judge even decides if the case will go to trial, adding that time is running out. But like Whitby, she said it's in the best interests of the public to keep going.
"We had people coming to us saying they could not vote. Their democratic right was violated, and we are bumping up against another general election without this matter being resolved," she said.
"Whymarrh Whitby still has not had the opportunity to vote in the last election. He wants some guarantees that he can vote in the next one."
This report by The Canadian Press was first published March 3, 2025.
Sarah Smellie, The Canadian Press
