Halifax Dentist, 81, Seeks Dismissal of Assault Charges Involving Former Child Patients

Halifax dentist Dr. Errol Gaum, 81, facing eight charges of assaulting six complainants in the 1970s and 1980s, is seeking to have the charges dropped. His lawyer, Stan MacDonald, asserts that the inability to mount a proper defense stems from the loss of crucial records and the unavailability of former assistants who could testify.

Challenges to a Fair Trial

MacDonald argued before Judge Elizabeth Buckle, urging her to stay the charges, emphasizing the significant loss of evidence over the years. Destroyed patient records and the inability to locate former employees pose challenges to Dr. Gaum’s ability to present a fair defense.

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Dr. Gaum, with a nearly 50-year career and around 90,000 patient visits, mostly for specialty treatment with sedation, testified that he doesn’t recall any of the complainants. He frequently administered a sedative called Mellaril, causing some children to hallucinate. Patient records outlining treatments and medications were destroyed after seven years, hindering the defense’s ability to assess sedation and its effects on the children.

Lost Witnesses and Uncertain Patient Identities

The court heard that Dr. Gaum cannot recall the names of dental hygienists and assistants from that period. Five of the six complainants reported the presence of a dental assistant during the alleged assaults, but Dr. Gaum can’t remember their names, impeding the defense from locating potential witnesses.

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Crown prosecutor Laura Lindsay argued against a stay, emphasizing that a perfect trial is not entitlement but a fair one. Lindsay considered the loss of documents and the unavailability of witnesses as common challenges in legal proceedings, suggesting there are still avenues for Dr. Gaum’s defense.

Financial Motive and Class-Action Lawsuit

MacDonald brought up a potential financial motive, referencing complainants discussing suing Dr. Gaum on Facebook and the previous class-action lawsuit filed in 2020, which stalled after a judge’s refusal to certify it. A new lawsuit involving 29 plaintiffs has been filed, but none are connected to the criminal case.

Dr. Gaum’s dentistry license was suspended in November 2020. The Provincial Dental Board of Nova Scotia has not provided an update on his case.