Skip to Content Subscribe My Account Manage My Subscriptions FAQ Newsletters Canada Canadian True Crime Canadian Politics Health World Israel & Middle East Financial Post NP Comment Longreads Puzzmo Diversions Comics NP News Quiz New York Times Crossword Horoscopes Modern Life Eating & Drinking Style Sponsored Play for Ontario Travel Travel Canada Travel USA Travel International Cruises Travel Essentials Culture Books Celebrity Movies Music Theatre Television Business Essentials Advice Lives Told Tails Told Shopping Buy Canadian Home Living Outdoor Living Kitchen & Dining Tech Style & Beauty Personal Care Entertainment & Hobbies Gift Guide Travel Guide Deals Savings National Post Store More Sports Hockey Baseball Basketball Football Soccer Golf Tennis Driving Vehicle Research Reviews News Gear Guide Obituaries Place an Obituary Place an In Memoriam Classifieds Place an Ad Celebrations Working Business Ads Archives Healthing Epaper Manage Print Subscription Profile Settings My Subscriptions My Offers Newsletters Customer Service FAQ Newsletters Canada World Financial Post NP Comment Longreads Puzzmo Diversions Modern Life Shopping Epaper Manage Print Subscription HomeNewsCanadaCalgary judge sets aside discharge in sexual assault case involving permanent residentThe man’s lawyer argued unsuccessfully that ‘a discharge is in the public interest’ to keep him ‘a productive member of the community, from expulsion from Canada’A Calgary judge has set aside an absolute discharge in a sexual assault case involving a permanent resident and replaced it with a 30-day conditional sentence. Kevin Martin/PostmediaA Calgary judge has set aside an absolute discharge in a sexual assault case where a permanent Canadian resident argued he could face immigration consequences for a conviction.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorHaagen Sagli pleaded guilty to the May 12, 2024, sexual assault of a woman he met at a bar. The Norwegian citizen has been living here since he was 16, and his lawyer argued a conviction could lead to his deportation.The Crown successfully appealed Sagli’s discharge, which meant he would not have a criminal record. Instead, Justice Lisa Silver of Alberta’s Court of King’s Bench gave him a 30-day conditional sentence.Get a dash of perspective along with the trending news of the day in a very readable format.By signing up you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of NP Posted will soon be in your inbox.We encountered an issue signing you up. Please try again“I find that Mr. Sagli’s circumstances present several mitigating features, including his previously unblemished record, positive personal background, guilty plea, substantial rehabilitative efforts, and the serious immigration consequences that could flow from a conviction,” Silver wrote in a recent decision.“Considered cumulatively, those factors significantly reduce the need for specific deterrence and (support) a rehabilitative sentencing response. However, they do not alter the gravity of the offence or Mr. Sagli’s degree of responsibility for it. Nor do these circumstances change the governing principles for sexual assault that include denunciation, deterrence, and proportionality.”Sagli, who was 32 at the time of the sexual assault, holds a master’s degree in finance from McGill University and has worked in the oil business.“Because Mr. Sagli was a permanent resident only, a criminal conviction would likely result in immigration proceedings that could lead to his removal from Canada,” Silver said.“Any removal decision, however, would be subject to further review processes in which his personal circumstances would be considered.”The Crown refused to answer questions about whether Sagli could face deportation due to his new sentence. Sagli’s lawyer did not respond by press time.In the appeal, the Crown recommended Sagli get a conditional sentence of six months less a day, considering “the severe effect a six-month conditional sentence would have on Mr. Sagli’s immigration status.”A permanent resident “is inadmissible on grounds of serious criminality” if they get sentenced to more than six months, according to Canada’s Immigration and Refugee Protection Act.They can also be deemed inadmissible if convicted of an offence “punishable by a maximum term of imprisonment of at least 10 years,” according to the Act.In Canada, the maximum sentence for sexual assault is a decade when it’s an indictable offence. But when it’s a summary conviction such as Sagli’s, the maximum sentence drops to 18 months.Sagli’s lawyer argued unsuccessfully that “a discharge is in the public interest to keep Mr. Sagli, a productive member of the community, from expulsion from Canada and it enhances the public interest by recognizing Mr. Sagli’s voluntary rehabilitative efforts and guilty plea.”The court heard that Sagli and the victim met at a bar as part of a larger group.“After spending several hours together, Mr. Sagli accompanied the victim to her home. She allowed Mr. Sagli to sleep with her in bed. There was no discussion or agreement to have sexual relations,” said the Sept. 2 decision.“The victim awoke with her pants around her ankles and Mr. Sagli touching her bare buttocks. When the victim asked Mr. Sagli what he was doing, he immediately stopped, explaining he ‘thought she was into it.’ The victim responded that she was asleep, she did not want him to touch her and told him to leave. Mr. Sagli did so.”Before his guilty plea, Sagli “attended counselling for substance abuse and cognitive behaviour therapy with an emphasis on his sexual conduct,” said the decision.“Mr. Sagli admitted that at the time of the offence, he was in an unhealthy cycle of drinking to excess. Significantly, since committing the offence he maintained sobriety.”Sagli “showed insight into his actions and an understanding of the wrongfulness of his conduct,” according to his pre-sentence report written by a forensic psychiatrist.“Moreover, his risk of recidivism was labelled as very low.”The woman he sexually assaulted “described the profound and lasting psychological and emotional harm experienced by the incident,” said the decision.Silver found that the sentencing judge “minimized the seriousness of the offence when he failed to understand the significance of a sexual assault committed against a sleeping victim.”The woman “had no ability to respond to Mr. Sagli’s actions when he initiated sexual contact, which consisted of pulling down her pants and fondling her buttocks,” said the judge.“Rather, the sexual assault ended only after the victim awoke and confronted Mr. Sagli’s conduct. In this way, the victim was ‘extremely vulnerable’ and ‘deprived’ of any ability to express her lack of consent or resist when Mr. Sagli started to interfere with her sexual integrity.”Any removal decision ... would be subject to further review processes in which his personal circumstances would be consideredAccording to Silver, the sentencing judge “minimized the gravity of the offence …. Sexual offences violate a person’s sexual and bodily integrity. It is a crime of violence that causes harm no matter what the force used in committing it.”The sentencing judge “erred when he considered irrelevant factors,” Silver said.“For example, the sentencing judge improperly relied on the victim’s conduct when he referred to her having ‘invited’ Mr. Sagli into ‘her own bed,’ when he was ‘stark naked.’ In this case, the victim did not consent to sexual activity and an ‘invitation’ to share her bed did not change the non-consensual nature of the incident.”The sentencing judge “failed to outline the basis for imposing an absolute discharge,” Silver said.“The reasons do not meaningfully engage with the governing sentencing principles, including denunciation and deterrence in the context of sexual offences nor do they address … whether a discharge would be contrary to the public interest.”Silver concluded that “a short conditional sentence order was the fit and appropriate sentence.”Sagli’s “actions caused long-lasting harm to the victim and to societal values,” she said.“The conduct violated the victim’s sexual integrity, dignity, and her right to control her own sexual autonomy. The offence caused meaningful psychological harm to the victim.”Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here. Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.