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The partner later turned the laptop over to police, who identified 2,123 sexually explicit images of children aged two to 15
Published Sep 26, 2023 • Last updated 31 minutes ago • 3 minute read
Nicholas Baglole-Gaudet was in the Court of King’s Bench Tuesday for a sentencing hearing on charges of making and possessing child porn. He will learn his sentence next month. jpg
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Warning: this story contains disturbing details.
The former operator of an unlicensed Edmonton day home will be sentenced next month for producing child pornography of children in his care.
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Nicholas Baglole-Gaudet was in the Court of King’s Bench Tuesday for a sentencing hearing on charges of making and possessing child porn.
The 28-year-old pleaded guilty to the charges earlier this year, admitting to capturing naked images of three young boys who attended his day home.
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Crown prosecutor Bonnie Parker asked Justice Susan Richardson to sentence Baglole-Gaudet to five years in prison, while defence lawyer Will van Engen recommended a two-and-a-half year sentence.
Speaking in a soft voice, Baglole-Gaudet apologized to the children and their parents — several of whom were in court Tuesday.
“While I hope that one day you’ll able to forget about this, know that I will not,” he said. “I will carry these regrets with me for the rest of my life.”
Baglole-Gaudet was charged with possessing child porn in fall 2020. Charges of producing the material came early the next year after investigators identified images of the day home children in Baglole-Gaudet’s collection. He eventually faced a total of eight charges, six of which are expected to be withdrawn following the guilty plea.
According to an agreed statement of facts, Baglole-Gaudet was discovered when he loaned his laptop to a romantic partner.
When the partner sent him a photo of the laptop’s search history, Baglole-Gaudet replied with a panicked series of texts. He apologized, said he was “sick” and mused about killing himself.
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“I haven’t hurt anyone. Just looking,” Baglole-Gaudet wrote. “I know that’s bad though. I’ve been like this since I was a kid. I don’t know what’s wrong with me.”
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The partner later turned the laptop over to police, who identified 2,123 sexually explicit images of children aged two to 15. Among them were 11 naked images of the day home children, who were six to eight years old at the time.
One of the victims’ mothers, whose named is covered by a publication ban, read a victim impact statement in court Tuesday. She said she no longer trusts anyone to be alone with her children, and that as a result, her mental health, career and the family income have suffered.
“I will never forgive myself for this and I will carry my guilt to my grave,” she said, adding she no longer posts images of her children on social media.
Parker, the prosecutor, said Baglole-Gaudet’s actions were a “gross abuse of trust.”
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“He exploited and abused multiple children entrusted in his care,” she said.
In addition to the five-year sentence, the Crown is asking Baglole-Gaudet be registered under the Sex Offender Information Registration Act for 20 years.
A number of additional orders would prohibit him from attending parks, swimming areas, day cares and other places children might be present for the same amount of time. Parker said the court should also prohibit Baglole-Gaudet from seeking or obtaining employment that puts him in a position of trust over children.
In arguing for the shorter sentence, van Engen said the court should not “lose sight of rehabilitation.”
“The offender did a terrible thing,” he said, quoting a judgment from a similar case in Saskatchewan. “But there is hope for him.”
Van Engen said Baglole-Gaudet continues to enjoy strong family support that he is serious about not reoffending. Baglole-Gaudet is “engaged and enthusiastic” in his treatment, van Engen said, noting his client has attended 21 counselling sessions since his arrest, all of which have been paid out of pocket.
Richardson reserved her decision until Oct. 17. Baglole-Gaudet is allowed to remain on bail until that date with the Crown’s consent, in part because of the risks posed by a lengthy remand stay. The defence recommended Baglole-Gaudet be allowed to serve his sentence at the Bowden Institution, which is known for its sex offender programming.
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