MOOSE JAW — Moose Jaw business owner Kyra Marie Klassen will spend the next 12 months on probation after pleading guilty to distributing intimate images of her now-former co-workers without their consent.
Klassen, 35, from Caronport, appeared by phone in Regina provincial court on Jan. 17, where she pleaded guilty to her charge, labelled as 162 (1) (1) under the Criminal Code. The Crown planned to charge her with six voyeurism offences but withdrew those considering the guilty plea.
A trial had also been scheduled for Feb. 23 for these charges but was cancelled because of the guilty plea.
Due to the guilty plea, Klassen received a conditional discharge – no criminal conviction is registered, but she will have to follow court conditions – and a year of probation. She cannot contact her two former co-workers, be near their home, work or school, and cannot be within 100 metres of them.
Also, she cannot refer or make mention to the two victims on social media.
Since Klassen works and owns Dance Fitness with Kyra, Judge F. J. Kovach imposed the victim surcharge of $100 and gave her until Feb. 17 to pay.
Crown submissions
Klassen and two co-workers were at the Delta Hotel in Regina on Feb. 1, 2021, attending a yoga boot camp and were sharing a room when the incident happened, Crown prosecutor Colleen Hepburn said.
One co-worker was in the bathroom towelling off when Klassen stuck her phone in and – without permission – snapped a picture of the woman undressed, Hepburn continued. Klassen posted the picture to a Facebook group that included 35 people without her consent.
Later, the second co-worker was in the shower when Klassen “ripped back the shower curtain” and snapped a picture of the woman’s breasts without her consent before posting the picture to the group, the Crown prosecutor continued.
Although Klassen later apologized, both women eventually quit working at the studio, Hepburn said. The Crown prosecutor then handed the judge the women’s victim impact statements.
Hepburn noted that because Klassen had no prior criminal record and pleaded guilty, a conditional discharge was appropriate and not contrary to the public interest.
“This is a serious matter and an absolute discharge is not good,” she stated. “There is a breach of trust here since Ms. Klassen was the employer here at the time … . The impact on these women is considerable.”
Defence response
Defence lawyer Talon Regent told Judge Kovach that Klassen apologized to both women shortly after she shared the images, while she also apologized to the Facebook group and told them to quit the group so a new one could be started.
A month later, one woman allegedly contacted Klassen and expressed how upset she was about the sharing of the image, he continued. They met to discuss the issue and resolved the situation.
“Ms. Klassen always accepted responsibility (for the incident) and expressed remorse for her conduct,” said Regent.
Regent attempted to downplay the situation by saying the photos were shared on a private Facebook group, where many of the women knew each other intimately and had already seen each other before wearing little to no clothing. He also contended that the pictures were not serious since they showed only the side of the women’s breasts and not their private parts.
“These photos barely met the criteria of intimate (while) the photos were not shared maliciously,” he said, adding one woman allegedly photographed Klassen’s private parts and posted it to the group page. “It was a silly girl’s night out and should be treated as such.”
Due to the attention Klassen – a public figure – has received, she has lost contracts with sports teams in Caronport and other business, while her name has also been “dragged through the mud,” said Regent. “I say an absolute discharge is best.”
After considering the situation, Judge Kovach sided with the Crown and gave Klassen a conditional discharge with conditions to follow.
