Former N.S. pediatric dentist acquitted on charges of assaulting patients

A former N.S. dentist has been acquitted of historic assault charges.

A retired pediatric dentist in the Halifax area has been acquitted on historical charges of assaulting patients.

Dr. Errol Gaum, 83, was tried in May on four assault charges stemming from accusations that he slapped young patients during dental procedures in the 1970s and 80s.

In an oral decision issued on Thursday, Judge Elizabeth Buckle said the threshold for conviction was not met.

“I am simply not convinced beyond a reasonable doubt,” she said. “My decision is just that and nothing more. I have not concluded that these incidents did not happen. All I have found is that I have a reasonable doubt. That was my sole task.

“As such, I find Mr. Gaum not guilty on all counts.”

Gaum, whose license was suspended in November 2020 after allegations that he had assaulted his patients over several decades, was criminally charged in 2022.

“Ultimately, after reviewing all the evidence, I’m left in a position where I do not disbelieve the complainants,” Buckle said. “But I cannot say that, with all the evidence, I am persuaded beyond a reasonable doubt that the charges have been proven.

“I recognize that this verdict may be difficult for the complainants to understand. They may wonder, if I don’t disbelieve them, how can he be found not guilty?”

In her decision, Buckle acknowledged that it may feel “unfair because the system is tilted in favour of the accused.”

“The response to both of those concerns is because our system of criminal justice recognizes the presumption of innocence and the high burden on the Crown to prove guilt beyond a reasonable doubt,” the judge said.

Buckle cited “significant frailties” in testimony from the complainants, saying, “There is very little truly independent confirmation of the allegations” – and that witnesses were exposed to outside information.

“I’ve concluded there is a high risk or possibility that each allegation did not necessarily spring from an independent source,” she said.

“I do not believe that there was any intentional collusion or collaboration here,” the judge said. “However, there is a high risk of unintentional and perhaps even unconscious tainting.”

The judge said all complainants and similar-act witnesses were exposed to some level of information about assault allegations from news articles and social media.

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