Calgary judge sets aside discharge in sexual assault case involving permanent resident - National Post

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/PostmediaArticle contentA 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.

Haagen 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.

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“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.”