Alyssa Holmes

The applicant, Stephane Gagnon, brought two applications seeking a stay of proceedings: one alleging a breach of his s. 11(b) Charter right to trial within a reasonable time, and another alleging abuse of process related to his return to Canada from Indonesia (argued as a "disguised extradition") and alleged misrepresentations at his bail hearing.

The court dismissed the s. 11(b) application, finding the delay was "Defence Delay" due to Gagnon being a fugitive.

The court also dismissed the abuse of process application, concluding there was no "disguised extradition" as Indonesia acted lawfully and Canada only provided logistical support, and that the Crown's statements at the bail hearing were not misleading.

The court found no breach of the applicant's s. 7 Charter rights and that a stay of proceedings was not warranted.

The appellant, Mostafa Alkhalil, appealed his conviction for sexual assault and unlawful confinement, and sought leave to appeal his six-year sentence.

The Court of Appeal dismissed both the conviction appeal and the sentence appeal.

The court found no misapprehension of evidence by the trial judge regarding the victim's testimony.

It affirmed that the trial judge correctly considered the appellant's creation of an expectation of trust and the victim's lack of consent as aggravating factors.

The sentence was deemed proportionate and consistent with sentencing principles for serious sexual offences involving vulnerable victims.