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

A government adviser in British Columbia will not face charges after she was accused of potentially breaking election rules last fall, according to the Crown.

A special prosecutor decided it's not in in the public interest to charge Gurveen Dhaliwal, a New Westminster school board trustee who was appointed as a government adviser this spring, 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 because candidates are only allowed at polling stations to vote.

Special prosecutor John Gordon gave a number of reasons for his decision, including that Dhaliwal was 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," a statement 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 Joven Narwal.

"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 has been a school board trustee for the NDP-aligned Community First municipal party in New Westminster since 2017, was accused of acting as an unauthorized scrutineer on behalf of a New Westminster city council candidate on Oct. 5, 2022.

A scrutineer is someone a candidate appoints as their representative to keep an eye on polling places to ensure voting is happening fairly. 

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

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

In the statement Thursday, the prosecutor said 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," the statement read.

Gordon also said there was no harm done to any victim, which in this case would've been the 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 investigation concluded.

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.