A Winnipeg judge has granted an Iranian-born man a conditional discharge after he pleaded guilty to two counts of voyeurism, citing the possibility that a criminal conviction could lead to his deportation and separate him from his American wife.

Manitoba Provincial Court Judge Catherine Carlson gave 29-year-old Seyed Reza Mir Heidari a conditional discharge and three years of probation in a Sept. 17 decision, according to the National Post.

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Mir Heidari admitted secretly taking photographs and videos of two female co-workers between November 2024 and January 2025.

Police later conducted a forensic examination of his phone and discovered 55 images of the women, along with another 82 images and short videos stored in a folder labelled “project session.” The material included images of the women's faces, buttocks and backsides taken without their knowledge or consent.

Both women described significant consequences from the offences.

One said the experience had changed her life, damaging her physical and mental health, career and sense of safety. The other said seeing footage of Mir Heidari photographing her made her physically sick and left her hyper-vigilant.

The Crown sought a suspended sentence and three years' probation, arguing a criminal conviction was necessary to recognize the seriousness of the offences.

Carlson disagreed.

“Given Mr. Mir Heidari’s lack of record, rehabilitative work done, his remorse and insight, the significant collateral consequences that could result from a conviction, and the fact he is well educated and has held a full time job long term, I am persuaded that it is in the public interest that he be able to move forward without a criminal record,” Carlson wrote.

Mir Heidari is in Canada on a work permit extended until April 2027 and has applied for permanent residency. His lawyer argued that a conviction could leave him liable for deportation.

Carlson said deportation would likely send Mir Heidari to Iran, while his wife is an American citizen living in Minnesota.

“The practical result is likely that Mr. Mir Heidari would not be able to be in the same country as his wife,” Carlson wrote, saying that could have a detrimental impact on their marriage.

The judge also concluded that further specific deterrence was unnecessary because Mir Heidari's arrest, charges and experience navigating the criminal justice system were sufficient.

“A sentence that would result in a conviction, given the significant professional and personal collateral consequences for Mr. Mir Heidari, would be crushing,” Carlson wrote.

Mir Heidari told the court he had been experiencing professional and personal difficulties when the offences occurred and had relied on pornography as a coping mechanism.

His employer suspended him immediately after the women complained in January 2025, and he was subsequently fired.

The conditional discharge means Mir Heidari was found guilty but was not convicted, provided he complies with the conditions imposed by the court.