A Calgary judge has overturned a blanket exemption from criminal liability in a sexual assault case in which a Canadian permanent resident argued he could face immigration consequences if convicted.
Haagen Sagli pleaded guilty to sexually assaulting a woman he met on May 12, 2024, in a bar. The Norwegian citizen has lived here since he was 16, and his lawyer says a conviction could lead to his deportation.
The Crown successfully appealed Saglia’s dismissal, which meant he would have no criminal record. Instead, Judge Lisa Silver of the Alberta Court of Queen’s Bench sentenced him to a 30-day suspended sentence.
“I find that Mr. Saglia has several mitigating factors, including his previously impeccable record, positive personal history, guilty plea, significant rehabilitation efforts, and the serious immigration consequences that may result from conviction,” Silver wrote in a recent decision.
“Taken together, these factors significantly reduce the need for specific deterrence and (support for) a rehabilitative sentence. However, they do not change the seriousness of the crime or the extent of Mr. Saglia’s responsibility for it. These circumstances also do not change the guiding principles of sexual assault, which include reporting, deterrence and proportionality.”
Sagley, who was 32 at the time of the sexual assault, has a master’s degree in finance from McGill University and worked in the oil business.
“Because Mr. Sugli was only a permanent resident, a criminal conviction would likely result in immigration proceedings that could result in his removal from Canada,” Silver said.
“However, any decision to remove will be subject to further consideration taking into account his personal circumstances.”
The Crown declined to answer questions about whether Salha could face deportation because of the new sentence. Salha’s lawyer did not respond by press time.
On appeal, the Crown recommended that Saglia be sentenced to a suspended sentence of six months less per day, given the “serious impact of a six-month suspended sentence on Mr. Saglia’s immigration status.”
Under Canada’s Immigration and Refugee Protection Act, a permanent resident is “inadmissible on grounds of serious offence” if sentenced to more than six months in prison.
According to the Act, they may also be declared inadmissible if they are found guilty of an offense “punishable by imprisonment for a term of not less than 10 years.”
In Canada, the maximum penalty for sexual assault is ten years if it is a criminal offence. But when it comes to a summary conviction like Salya’s, the maximum sentence is reduced to 18 months.
Saglia’s lawyer unsuccessfully argued that “the release is in the public interest to deter Mr. Saglia, a productive member of society, from removal from Canada, and it enhances the public interest by recognizing Mr. Saglia’s voluntary efforts to rehabilitate himself and his guilty plea.”
The court heard Salhi and the victim met at a bar as part of a large group.
“After spending several hours together, Mr. Sagli accompanied the victim to her home. She allowed Mr. Sagli to sleep in her bed. There was no discussion or consent to sexual relations,” the Sept. 2 decision states.
“The victim woke up with his pants down around his ankles and Mr. Sagli was touching her bare buttocks. When the victim asked Mr. Sagli what he was doing, he immediately stopped, explaining that he ‘thought she was into it’. The victim responded that she was sleeping, did not want him to touch her, and told him to leave. Mr. Sagli did so.”
Before pleading guilty, Sagli “attended substance abuse counseling and cognitive behavioral therapy with a focus on his sexual behavior,” the decision states.
“Mr. Sagli acknowledged that he was in an unhealthy cycle of excessive drinking at the time of the crime. Remarkably, he has maintained sobriety since the crime.”
According to a report written by a forensic psychiatrist, Sagli “exhibited insight into his actions and an understanding of the wrongfulness of his conduct.”
“Moreover, his risk of relapse was assessed as very low.”
The woman he sexually assaulted “described deep and lasting psychological and emotional harm caused by the incident,” the decision said.
Silver found that the sentencing judge “minimized the seriousness of the crime when he failed to understand the significance of the sexual assault committed on the sleeping victim.”
The woman “had no opportunity to respond to Mr. Saglia’s actions when he initiated sexual contact, which involved pulling down her pants and fondling her buttocks,” the judge said.
“Rather, the sexual abuse ended only after the victim awoke and spoke out against Mr. Salhi’s behavior. The victim was thus “extremely vulnerable” and “deprived” of any opportunity to express her disagreement or resistance when Mr. Salhi began to interfere with her sexual integrity.”
The sentencing judge, Silver said, “minimized the severity of the crime…Sex crimes violate a person’s sexual and bodily integrity. It is a crime of violence that causes harm regardless of the force used in its commission.”
The sentencing judge “erred when he took into account irrelevant factors,” Silver said.
“For example, the sentencing judge improperly referred to the victim’s conduct when he mentioned that she ‘invited’ Mr. Sagli into ‘her bed’ while he was ‘completely naked.’ In this case, the victim did not consent to the sexual activity, and the “invitation” to share a bed with her did not change the nature of the nonconsensual incident.”
The sentencing judge “failed to outline a basis for granting blanket release,” Silver said.
“The reasons have no material bearing on sentencing guidelines, including exposure and deterrence in the context of sexual offences, nor do they relate … to whether release would be contrary to the public interest.”
Silver concluded that “the short conditional was appropriate and appropriate.”
“Saglia’s actions caused lasting harm to the victim and community values,” she said.
“This conduct violated the victim’s sexual integrity, dignity and right to control her sexual autonomy. The crime caused the victim significant psychological harm.”
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