A former employee of the Beaver Valley Arena has received a conditional sentence after pleading guilty to one count of voyeurism for secretly recording girls in a change room at the Fruitvale facility in November 2022.
Garrit Ciardullo, 24, was sentenced on Jan. 3 in the Rossland Law Courts.
The BC Prosecution Service confirmed that he was convicted under Section 162(1)(a) of the Criminal Code.
The court imposed a six-month conditional sentence to be served in the community, followed by an 18-month probation period.
Ciardullo was employed by the skating arena, operated by the Regional District of Kootenay Boundary, at the time of the incident.
On Nov. 16, 2022, girls aged 10 to 14 preparing for a hockey practice noticed a cellphone hidden in the ceiling of a change room.
They reported it to a parent, who seized the phone and turned it over to the Trail RCMP.
Following an investigation, police arrested Ciardullo at the arena.
The regional district confirmed to the Trail Times that he was immediately placed on unpaid leave following the incident.
His employment was terminated after his conviction in May 2024.
Initially, Ciardullo faced charges of secretly recording for a sexual purpose and making or publishing child pornography. He later pleaded guilty to a single count of voyeurism.
Under the terms of the conditional sentence, Ciardullo is subject to strict conditions, including house arrest for the first three months, with limited exceptions.
If the conditional sentence is breached, the court may order him to serve part or all of the remaining sentence in jail.
Voyeurism is defined under Section 162 of the Criminal Code of Canada.
It criminalizes secretly observing or recording individuals in situations where they have a reasonable expectation of privacy.
This includes:
• Observing or recording someone in a private space where they are reasonably expected to be nude, partially undressed, or engaged in explicit activity;
• Observing or recording someone in such a state for sexual purposes;
• Observing or recording someone for sexual purposes, regardless of their state of dress, in circumstances where privacy is expected.
Voyeurism is considered a hybrid offence, meaning it can be prosecuted as an indictable offence with a maximum penalty of five years’ imprisonment or as a summary conviction offence with a maximum penalty of two years less a day. Convictions for voyeurism may also result in mandatory inclusion on the National Sex Offender Registry.
While the Criminal Code applies nationwide, interpretations and applications of the law can vary based on specific circumstances and judicial decisions.