No charges for school board trustee who was 'unaware' she broke election day rules: Crown - Action News
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British Columbia

No charges for school board trustee who was 'unaware' she broke election day rules: Crown

Agovernment adviser in British Columbiawill not face charges after she was accused of potentially breaking election rules last fall, according to the Crown.

Special prosecutor says no public interest in charging Gurveen Dhaliwal, who acted as scrutineer in 2022 vote

A woman with dark hair and bangs smiles at the camera with tress behind her.
Gurveen Dhaliwal is pictured in an undated photo. Dhaliwal won't be charged after an investigation into potential violations of B.C.'s municipal elections laws last fall, the Crown said Thursday. (New Westminister Schools)

Agovernment adviser in British Columbiawill not face charges after she was accused of potentially breaking election rules last fall, according to theCrown.

A special prosecutor decided it'snot inin the public interest to charge Gurveen Dhaliwal, aNew Westminster school board trusteewho was appointed as a government adviser thisspring, the B.C. Prosecution Service said Thursday.

Dhaliwal, who was running for re-election to the school board in the October 2022 elections,was being investigated for being present at a voting place as a scrutineer, which the Local Government Act prohibits becausecandidates are only allowed at polling stations to vote.

Special prosecutorJohn Gordongave a number of reasons for his decision, including thatDhaliwalwas not aware she was violating election rules.

"Ms. Dhaliwal has no criminal history. Her background of community involvement speaks well of her. Her re-election to a second term shows she is well regarded in New Westminster," astatement read.

"During the police investigation, Ms. Dhaliwal stated that she was unaware that, as a candidate, she was prohibited from being present at the voting place for any purpose other than casting her own ballot."

Dhaliwal's lawyer issued a statement on her behalf on Thursday.

"We would like to extend our client's appreciation for unwavering support and encouragement from friends, family and members of the community who maintained their belief in her integrity," wrote JovenNarwal.

"Vindicated by this decision, our client looks forward to continuing to serve New Westminster as well as the province of British Columbia and will not be granting any interviews or providing additional statements at this time."

Candidate at polling place for 20 minutes:prosecutor

Dhaliwal, who hasbeen a school board trusteefor theNDP-aligned Community First municipalparty in New Westminstersince 2017, was accused of actingas an unauthorizedscrutineer on behalf of aNew Westminstercity council candidate on Oct.5, 2022.

A scrutineer is someone a candidate appoints as their representativeto keep an eye on polling places to ensurevoting is happening fairly.

Candidates cannot be scrutineersfor other candidates on election day because of the polling place rule.

The B.C. Legislature building beneath a number of yachts in the harbour.
The B.C. Legislature building in Victoria is pictured on Oct. 6, 2021. (Ken Mizokoshi/CBC)

Gordon was tasked with Dhaliwal's casein May, three days after shewas appointed a ministerial adviser to B.C.'s health minister.

In the statement Thursday,the prosecutorsaid security camera footage captured Dhaliwal at the voting place for 20 minutes from 12:19 p.m. to 12:39 p.m.

"Nothing remarkable occurred while Ms. Dhaliwal was present as a scrutineer. It was estimated that a small number of voters, perhaps a half-dozen, used the ballot box at which Ms. Dhaliwal was scrutineering over this period of time," thestatement read.

Gordon also said there was no harm done to any victim, which in this case would've beenthe voters.

Dhaliwal's appointment to the health ministry was rescinded May 15. She was made a ministerial adviser to the labour minister that same day but later placed on leave from her advisory position until the investigationconcluded.

Special prosecutors are appointed in B.C. to avoid any appearance of "improper influence'"over the administration of justice in cases involving elected officials or government appointees.

With files from Akshay Kulkarni