Article contentIn his sentencing decision, Scovil said the aggravating features of the offence were “the nature of the videos themselves, the planning in secreting the video equipment, and that it occurred in a domestic relationship.Article content“Clearly, the conduct of Mr. Gaul (was) egregious and a betrayal of the domestic relationship,” the judge said. “The impact on the complainant is profound and long-lasting.”Article contentScovil said the mitigating factors included Gaul’s lack of a previous criminal record, the guilty plea, his sincere remorse, his prosocial background, a positive presentence report and a psychologist’s finding that he poses a low risk to reoffend sexually.Article contentThe judge said he was satisfied that general deterrence and other sentencing principles could be achieved through a three-year period of probation, and that a conditional discharge would not be contrary to the public interest.Article contentSubmissions on application Article contentDefence lawyer Matt Kennedy argued in court last month that the punitive and rehabilitative aspects of the probation order had been satisfied and there was no need for Gaul to remain under court supervision.Article contentArticle contentKennedy said his client had complied with all conditions of the order, including a curfew for the first 90 days, no contact with his ex, counselling, and completion of 150 hours of community service.Article content“A three-year order of probation is a long sentence,” Kennedy said. “It’s entirely within your discretion to end the order early.Article content“The question is not whether Ms. Lindsay-Graham supports the application. The question is whether having him continue on this order serves any of the purposes or principles of sentencing.”Article contentCrown attorney Lauren Lindsay said the order should not be disturbed.Article content“This was an offence of surreptitiously recording somebody in their own home, performing sexual acts they believed were private,” Lindsay said.Article contentShe said terminating the order early would be contrary to the wishes of the victim and “not in keeping with the purposes and principles of sentencing that the initial sentencing order tried to balance.Article contentArticle content“Ultimately, that’s the thing that the court needs to consider when determining what to do with a probation order. Because it’s not just about the offender; it’s about the offence and the other people involved in the situation.Article content“(Gaul) will eventually have no record because he was given a discharge, but this kickstarts that process early, and I think it undercuts the deterrent impact of the sentence that was put in place by Your Honour back in 2024.”Article contentGaul lost his job with Halifax Regional Fire and Emergency prior to his sentencing.Article contentContacted by The Chronicle Herald, Lindsay-Graham said she was disappointed with the judge’s decision. She said she remains fearful of Gaul and is considering applying for a peace bond.Article content
Former Halifax firefighter who secretly recorded common-law wife granted early end to probation despite victims objections
