Assault charge against former Chestermere official withdrawn

Completion of diversion program led to Crown prosecutors' decision

An assault charge against a former top official at the City of Chestermere has been withdrawn after more than a year of weaving through the provincial courts system, according to her lawyer.

Kim Wallace, one of the city's former chief administrative officers, appeared briefly in provincial court in Strathmore on Monday, where Crown prosecutors withdrew the single assault charge after she completed a diversion program.

Wallace — who was fired by the province alongside the city's mayor, three councillors and two other city officials in December last year — was accused of forcibly poking a subordinate during a disagreement at city hall in January 2023.

Sarah Wilgress testified last July, when the trial began, that Wallace gave her a two-fingered jab in the right shoulder during a heated meeting. Two witnesses also testified in support of Wilgress's accusation.

Taking the stand in her own defence at the time, Wallace denied the incident ever happened.

Monday's appearance was scheduled as a continuation of that trial. Instead, Wallace's charge was withdrawn due to her completion of an alternative measures program.

Wallace's defence lawyer, Alain Hepner, did not offer specific details about what that program entailed.

“This was a very minor allegation. But against the backdrop of this whole Chestermere city council versus the Municipal Government Act and the Ministry of Municipal Affairs, you know, there were so many moving parts. That's all changed. Everything 's changed. The whole landscape's changed,” Hepner told Postmedia on Tuesday.

Of the more than year-long process that led to this point, Hepner said, “It's not unusual that things happen late in the day.”

Chestermere's former mayor, Jeff Colvin, and three councillors continue to challenge their dismissals — including Wallace's — in court via an application for a judicial review. The council members and city officials were dismissed after failing to adhere to binding directives set out by the Ministry of Municipal Affairs, and an investigation into their governance found several improprieties.

A byelection is slated to take place before June, though a specific date is still to be determined.

Colvin and the ousted councillors plan to run to reclaim their seats if their legal challenges are unsuccessful.