THE BC Prosecution Service (BCPS) announced on Thursday that no charge has been approved against New Westminster School Board Trustee Gurveen Dhaliwal for being present at a voting place as a scrutineer when she was an election candidate.

The BCPS said that John M. Gordon, who was appointed as special prosecutor in relation to the case, had informed the Assistant Deputy Attorney General on June 29 that the charge assessment standard had not been met and no charge was approved.

The BCPS had announced Gordon’s appointment on May 26. Dhaliwal was appointed as a ministerial advisor to the Minister of Health on May 1.

Lawyer Joven Narwal in a statement said: “We are pleased to announce that the independent special prosecutor has decided not to approve criminal charges against our client, Gurveen Dhaliwal, following a comprehensive investigation in which our client fully cooperated. The independent nature of the charge assessment serves as a testament to the integrity of our legal system which strives to ensure fairness and impartiality.

“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.
“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.”

The BCPS said in a statement that “the special prosecutor has concluded that the public interest does not require a prosecution in this case.”

The special prosecutor identified a number of public interest factors set out in the charge assessment policy that weighed against a prosecution. These included that:
* The offence was committed as a result of a genuine mistake or misunderstanding of fact.

* The loss or harm was the result of a single incident and was minor in nature

* The alleged offender’s lack of history of relevant previous convictions or recent previous allegations that resulted in alternative measures

The BCPS noted: “The special prosecutor noted that none of the various forms, guides, or statutory declarations used in the candidate representation process contained any statement about the statutory prohibition against candidates acting as scrutineers. He observed that including this information on these forms would help to avoid a similar situation in the future.”