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25 Dec

The video of the 16-year high school co-op student, a minor under the law, was the focus of a day-long Superior Court trial Monday after Gardiner pleaded guilty to 16 voyeurism charges but not guilty to making and possessing child pornography.

Voyeurism doesn’t carry a mandatory minimum sentence, leaving it open for his defence lawyer, Richard Braiden, to argue the first-time offender could be sufficiently punished with sanctions other than jail. Possession of child pornography, if the Crown proceeds by indictment, the more serious approach, as it has in Gardiner’s case, carries a mandatory minimum sentence of one year in jail.

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In Gardiner’s defence, Braiden was left to argue the contents of the surreptitious video of the teen may not meet the legal definition of child porn.

Before the case moved to the child porn trial phase, Justice Marc Garson heard about Gardiner’s surreptitious videoing. Angela Johnson told Garson one of Gardiner’s co-workers spotted the backpack with the hole cut out of it and the camera visible in the staff change room on March 9, 2015. She suspended Gardiner, he was escorted off the property and the police were called.