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‘Vindication’ for NDP political staffer

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NDP political staffer off the hook for serving as a scrutineer in an election where she was also a candidate after claiming she didn’t know it was against the law.

VICTORIA — NDP political staffer and school trustee Gurveen Dhaliwal is off the hook for scrutineering an election where she was also a candidate, after saying she did not know it was against the law to do so.

Special prosecutor John Gordon concluded that Dhaliwal had “likely contravened” the Local Government Act when she briefly stepped in as a scrutineer in the same election where she was running for school trustee.

The act says that “other than for the purposes of voting, a candidate must not be present at a voting place while proceedings are being conducted.”

Nevertheless, Gordon decided that it was not in the public interest for Dhaliwal to be charged with violating the rule. He gave several reasons, including that “the offence was committed as a result of a genuine mistake or misunderstanding of fact.”

Dhaliwal told a police investigation 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.”

However, the chair of Dhaliwal’s civic party gave a somewhat different account of the candidate’s reasons for agreeing to serve as a scrutineer in the advance poll for last October’s civic vote.

“It was a lapse of memory on Gurveen’s part that she could not be a scrutineer,” said Cheryl Greenhalgh, chair of Community First New West in a statement last October.

“Gurveen deeply regrets this mistake,” added the party chair while at the same time telling reporters that Dhaliwal would not be available for comment.

In listing his reasons for not laying a charge, the independent special prosecutor noted that election officials had slipped up when they authorized Dhaliwal to serve as a scrutineer.

“The presiding election official did not ask her if she was a candidate, and he mistakenly neglected to check her name against the list of candidates in the election. “An argument could be made that Ms. Dhaliwal’s wrongful act of remaining to scrutineer was induced by the election official’s error.”

The special prosecutor also found that the “loss or harm was the result of a single incident and minor in nature.

“Ms. Dhaliwal did not serve as a scrutineer for long. CCTV from the community centre showed Ms. Dhaliwal arriving at 12:19 p.m. and departing at 12:39 p.m. 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.”

Dhaliwal was elected Oct. 15 to a second term as a school trustee on the slate of Community First New West,  a civic party aligned with the NDP.

Special prosecutor Gordon cited her electoral success as one of the mitigating factors in deciding that a charge was not in the public interest: “Her re-election to a second term shows she is well-regarded in New Westminster.”

One could argue that it would also be in the public interest for the case to have been aired in open court, given Dhaliwal’s connections to the NDP government.

The Dhaliwal case was marked by some strange machinations in the provincial government.

On May 1, while she was still under police investigation, she was appointed as a political aide to Health Minister Adrian Dix. Two weeks later, the appointment was shifted to Labour Minister Harry Bains.

The New Democrats never explained the reason for the switch, nor their reasons for hiring Dhaliwal as a political aide while she was also serving on the school board.

Pay for ministerial advisers ranges from $67,000 to $97,000. Pay for New Westminster school trustees is in the range of $27,000 to $30,000.

Gordon’s appointment as special prosecutor was made public later in May. The announcement went out on a Friday afternoon, more than six months after journalist Bob Mackin (Business in Vancouver, the Breaker) reported that New Westminster police were investigating Dhaliwal.

The next day, May 27, Premier David Eby explained that Dhaliwal had been placed on administrative leave.

“We take this investigation incredibly seriously,” Eby told reporters. “As soon as we learned about it, we placed the staffer on administrative leave. And at this point, it is in the hands of the special prosecutor and certainly, we’ll continue to monitor the situation, but the staffer was immediately placed on leave.”

In early June, Dhaliwal “stepped back from her role as chair” of the New West school board, although she continued to serve as a trustee.

Now that the special prosecutor has booked out, the way will presumably be clear for her to return as board chair as well as to her job with the New Democrats.

She indicated as much in a statement Friday through her lawyer.

“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,” lawyer Joven Narwal told Theresa McManus of the New Westminster Record.

He added that his client considered herself “vindicated by this decision.”

But when a politician’s best defence is ignorance of a key provision in election law, that’s not much of a vindication.

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Quebec party supports member who accused fellow politicians of denigrating minorities

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MONTREAL – A Quebec political party has voted to support one of its members facing backlash for saying that racialized people are regularly disparaged at the provincial legislature.

Québec solidaire members adopted an emergency resolution at the party’s convention late Sunday condemning the hate directed at Haroun Bouazzi, without endorsing his comments.

Bouazzi, who represents a Montreal riding, had told a community group that he hears comments every day at the legislature that portray North African, Muslim, Black or Indigenous people as the “other,” and that paint their cultures are dangerous or inferior.

Other political parties have said Bouazzi’s remarks labelled elected officials as racists, and the co-leaders of his own party had rebuked him for his “clumsy and exaggerated” comments.

Bouazzi, who has said he never intended to describe his colleagues as racist, thanked his party for their support and for their commitment to the fight against systemic racism.

Party co-spokesperson Gabriel Nadeau-Dubois said after Sunday’s closed-door debate that he considers the matter to be closed.

This report by The Canadian Press was first published Nov. 18, 2024.

The Canadian Press. All rights reserved.

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Virginia Democrats advance efforts to protect abortion, voting rights, marriage equality

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RICHMOND, Va. (AP) — Democrats who control both chambers of the Virginia legislature are hoping to make good on promises made on the campaign trail, including becoming the first Southern state to expand constitutional protections for abortion access.

The House Privileges and Elections Committee advanced three proposed constitutional amendments Wednesday, including a measure to protect reproductive rights. Its members also discussed measures to repeal a now-defunct state constitutional ban on same-sex marriage and ways to revise Virginia’s process to restore voting rights for people who served time for felony crimes.

“This meeting was an important next step considering the moment in history we find ourselves in,” Democratic Del. Cia Price, the committee chair, said during a news conference. “We have urgent threats to our freedoms that could impact constituents in all of the districts we serve.”

The at-times raucous meeting will pave the way for the House and Senate to take up the resolutions early next year after lawmakers tabled the measures last January. Democrats previously said the move was standard practice, given that amendments are typically introduced in odd-numbered years. But Republican Minority Leader Todd Gilbert said Wednesday the committee should not have delved into the amendments before next year’s legislative session. He said the resolutions, particularly the abortion amendment, need further vetting.

“No one who is still serving remembers it being done in this way ever,” Gilbert said after the meeting. “Certainly not for something this important. This is as big and weighty an issue as it gets.”

The Democrats’ legislative lineup comes after Republican Governor Glenn Youngkin, to the dismay of voting-rights advocates, rolled back a process to restore people’s civil rights after they completed sentences for felonies. Virginia is the only state that permanently bans anyone convicted of a felony from voting unless a governor restores their rights.

“This amendment creates a process that is bounded by transparent rules and criteria that will apply to everybody — it’s not left to the discretion of a single individual,” Del. Elizabeth Bennett-Parker, the patron of the voting rights resolution, which passed along party lines, said at the news conference.

Though Democrats have sparred with the governor over their legislative agenda, constitutional amendments put forth by lawmakers do not require his signature, allowing the Democrat-led House and Senate to bypass Youngkin’s blessing.

Instead, the General Assembly must pass proposed amendments twice in at least two years, with a legislative election sandwiched between each statehouse session. After that, the public can vote by referendum on the issues. The cumbersome process will likely hinge upon the success of all three amendments on Democrats’ ability to preserve their edge in the House and Senate, where they hold razor-thin majorities.

It’s not the first time lawmakers have attempted to champion the three amendments. Republicans in a House subcommittee killed a constitutional amendment to restore voting rights in 2022, a year after the measure passed in a Democrat-led House. The same subcommittee also struck down legislation supporting a constitutional amendment to repeal an amendment from 2006 banning marriage equality.

On Wednesday, a bipartisan group of lawmakers voted 16-5 in favor of legislation protecting same-sex marriage, with four Republicans supporting the resolution.

“To say the least, voters enacted this (amendment) in 2006, and we have had 100,000 voters a year become of voting age since then,” said Del. Mark Sickles, who sponsored the amendment as one of the first openly gay men serving in the General Assembly. “Many people have changed their opinions of this as the years have passed.”

A constitutional amendment protecting abortion previously passed the Senate in 2023 but died in a Republican-led House. On Wednesday, the amendment passed on party lines.

If successful, the resolution proposed by House Majority Leader Charniele Herring would be part of a growing trend of reproductive rights-related ballot questions given to voters. Since 2022, 18 questions have gone before voters across the U.S., and they have sided with abortion rights advocates 14 times.

The voters have approved constitutional amendments ensuring the right to abortion until fetal viability in nine states: Arizona, California, Colorado, Maryland, Michigan, Missouri, Montana, Ohio and Vermont. Voters also passed a right-to-abortion measure in Nevada in 2024, but it must be passed again in 2026 to be added to the state constitution.

As lawmakers debated the measure, roughly 18 members spoke. Mercedes Perkins, at 38 weeks pregnant, described the importance of women making decisions about their own bodies. Rhea Simon, another Virginia resident, anecdotally described how reproductive health care shaped her life.

Then all at once, more than 50 people lined up to speak against the abortion amendment.

“Let’s do the compassionate thing and care for mothers and all unborn children,” resident Sheila Furey said.

The audience gave a collective “Amen,” followed by a round of applause.

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Associated Press writer Geoff Mulvihill in Cherry Hill, New Jersey, contributed to this report.

___

Olivia Diaz is a corps member for The Associated Press/Report for America Statehouse News Initiative.

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Trump chooses anti-vaccine activist Robert F. Kennedy Jr. as health secretary

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NEW YORK (AP) — President-elect Donald Trump says he will nominate anti-vaccine activist Robert F. Kennedy Jr. to lead the Department of Health and Human Services, putting him in charge of a massive agency that oversees everything from drug, vaccine and food safety to medical research and the social safety net programs Medicare and Medicaid.

“For too long, Americans have been crushed by the industrial food complex and drug companies who have engaged in deception, misinformation, and disinformation when it comes to Public Health,” Trump said in a post on his Truth Social site announcing the appointment. Kennedy, he said, would “Make America Great and Healthy Again!”

Kennedy, a former Democrat who ran as an independent in this year’s presidential race, abandoned his bid after striking a deal to give Trump his endorsement with a promise to have a role in health policy in the administration.

He and Trump have since become good friends, with Kennedy frequently receiving loud applause at Trump’s rallies.

The expected appointment was first reported by Politico Thursday.

A longtime vaccine skeptic, Kennedy is an attorney who has built a loyal following over several decades of people who admire his lawsuits against major pesticide and pharmaceutical companies. He has pushed for tighter regulations around the ingredients in foods.

With the Trump campaign, he worked to shore up support among young mothers in particular, with his message of making food healthier in the U.S., promising to model regulations imposed in Europe. In a nod to Trump’s original campaign slogan, he named the effort “Make America Healthy Again.”

It remains unclear how that will square with Trump’s history of deregulation of big industries, including food. Trump pushed for fewer inspections of the meat industry, for example.

Kennedy’s stance on vaccines has also made him a controversial figure among Democrats and some Republicans, raising question about his ability to get confirmed, even in a GOP-controlled Senate. Kennedy has espoused misinformation around the safety of vaccines, including pushing a totally discredited theory that childhood vaccines cause autism.

He also has said he would recommend removing fluoride from drinking water. The addition of the material has been cited as leading to improved dental health.

HHS has more than 80,000 employees across the country. It houses the Food and Drug Administration, the Centers for Disease Control and Prevention, the Medicare and Medicaid programs and the National Institutes of Health.

Kennedy’s anti-vaccine nonprofit group, Children’s Health Defense, currently has a lawsuit pending against a number of news organizations, among them The Associated Press, accusing them of violating antitrust laws by taking action to identify misinformation, including about COVID-19 and COVID-19 vaccines. Kennedy took leave from the group when he announced his run for president but is listed as one of its attorneys in the lawsuit.

__ Seitz reported from Washington.

The Canadian Press. All rights reserved.

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