Newfoundland Town Councillor Gets Job Back After Being Removed Due to Vaccine Status
Grant Abbott, elected Councillor, was removed from his post on the Town Council of Musgrave Harbour during Covid.
The council implemented a policy requiring proof of vaccination for entry to meetings. This was a policy Abbott disagreed with from the beginning, asking for allowance to attend remotely for the duration of the pandemic, as had been the practice with all councillors at the start of the pandemic.
The Council also had a policy stating that any councillor who failed to attend meetings in person ‘without prior approval’ for a period of three months consecutively, would automatically vacate their seat on council.
Further, once the provincial government rescinded the vaccine mandate, the council voted to maintain theirs.
Although Abbott was granted approval to attend remotely, he was only offered the opportunity to listen and was not permitted to speak on any matters, as was his duty as an elected representative.
During one of these meetings the council voted to bring in a new rule that stated failure to be vaccinated was not an acceptable reason for remote access, and his ability to even listen in was subsequently denied.
He sent numerous requests to discuss the matter, asking for a vote to have the automatic three-month removal stayed, and received no response and no vote. Finally, he asked for a leave of absence, also receiving no response. After the three-month period, during which he had attended almost every meeting remotely but for which his attendance had not been recorded in meeting records, he was notified of his vacancy.
Justice Glen LC Noel determined that the council had not followed their own process in dealing with his requests to speak, or in requesting leave. In fact, court documents acknowledged that it appeared the recent rules implemented by Council were intended to specifically target Abbott. Justice Noel awarded Abbott reinstatement to his position on council with some costs repaid by council.
This is another example of targeted overreach by a government body. We thank Justice Noel for his fair and accurate ruling, and look forward to the precedence that this brings forward for others.
Grant Abbott has also set up a GiveSendGo account to assist with legal costs.
Click here to read the lawsuit regarding this matter
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