‘I’m not agreeing to a trial in Whitehorse’
A fraud trial scheduled for this week will not be moving ahead, as the accused will not attend in person.
A fraud trial scheduled for this week will not be moving ahead, as the accused will not attend in person.
Michael Alexander Gagnon has been charged with fraud with “the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars.”
The trial was set to being at 10 a.m. today in a Whitehorse court, but Gagnon was not present.
He later appeared by phone, saying he was in the basement of the Vancouver law courts building.
Justice Gregory Mulligan asked why Gagnon was not present.
Gagnon told the court that he had only received disclosure from the Crown three days before trial. He feels this was unfair because it did not give him enough time to prepare.
Gagnon added he recently hired a lawyer and will be applying to have the trial moved from Whitehorse to Vancouver.
He said the lawyer told him that disclosure should have been made long before he got it.
Crown prosecutor Jean-Benoit Deschamps said this was the first he has heard of Gagnon hiring a lawyer. As for the disclosure, the Crown said it was sent to the accused by email.
Deschamps said he was told a month ago about a possible application to move this proceeding to another jurisdiction.
He said the Crown is ready to proceed, and the Crown witnesses are ready to testify.
They include witnesses from Watson Lake, who will testify in person, and others who will appear by video from British Columbia and Alberta.
Gagnon told the court he does not understand how the Crown could be caught off-guard. He added that he did not get the disclosure by email, and the defence was not ready to proceed.
Mulligan said he has options to consider when a defendant fails to appear for trial. He offered to adjourn the trial for a day to allow Gagnon to make his way to Whitehorse.
But Gagnon refused that option, saying he wants the trial moved to Vancouver.
Deschamps suggested that an unendorsed bench warrant be issued and the trial be rescheduled. He said the court should move on this as soon as Gagnon surrenders himself.
Mulligan told Gagnon that not attending trial is concerning, warning that he could issue the warrant. He offered again to allow Mulligan to attend trial in person tomorrow.
Gagnon refused a second time, saying he will not be flying to the territory anytime soon. He added he knows he is risking arrest.
Mulligan said he had no choice but to issue a bench warrant. He pointed to the lack of communication on Gagnon’s part to the Crown. He added that the accused has provided no medical evidence that he is unfit for travel.
Deschamps said this was the best remedy. He said he will make an application to have the witnesses testify by video. If necessary, he indicated, the matter could be heard in Watson Lake.
Gagnon interjected that his trial will be heard in Vancouver, where he believes he would get a fair trial.
“I’m not agreeing to a trial in Whitehorse,” Gagnon said.
Deschamp asked for Gagnon’s lawyer to be contact him.
Mulligan said the location of the trial will be decided later, and thanked Gagnon for appearing by phone.
Comments (23)
Up 1 Down 0
Trevor on Feb 10, 2021 at 1:30 am
Wow, I see Mr Gagnon hasn't changed a bit since I saw him last in 2006. He's still the same as he was then. He talks a big story, but they are just story's considering he can't even afford to pay his own way in life. What a loser. Get a job.
Up 15 Down 3
Doug Jacobs on Oct 6, 2018 at 12:51 pm
You find it hard to believe he's innocent. Well let's review the facts of his prior conviction. A husband and wife collecting social assistance claimed to have given Michael 10,000.00 dollars for groceries with no paper trail from the bank nothing then a ex police officer become minister who is now being charged for the second time for assault and was dishonorably discharged from the Thunder Bay Police force and has three perjury convictions to his name claimed Michael misused his credit card again. A bogus claim as was proven in the Supreme Court of Appeals and finally the clothing store owner who testified and wrote his victim impact statement had any and all criminal investigations against him dropped the minute he screamed poor me in court. But this man is guilty. So while you google Michael, google all of the complainants and their criminal history before you make a judgement call and either way it doesn't matter. This hearing will be held in Vancouver and if guilty will be sentenced accordingly and if acquitted rest assured I will and my family will make sure that the Yukon news, CBC and the Whitehorse Star write the verdict and the reasons why in each of its papers. So let's let justice take its course and as all Yukoners let's support whomever wins in all fairness. We are all human beings entitled to a fair and unbiased trial so let's let it happen then comment thank you all.
Up 7 Down 12
Mr M on Oct 6, 2018 at 8:03 am
@ Doug Jacobs
Not Hiding behind anything. Obviously this A hole is guilty or he would have the trial in Whitehorse. Tired of the court system getting ridiculed for not properly convicting people and when they try they get ridiculed. This A Hole should get off his high horse and get tried in his own town or Territory. Confess and own up to what he did wrong.
Up 12 Down 1
woodcutter on Oct 5, 2018 at 3:04 pm
@ Doug Jacobs
When doesn't the crown think they have a guilty man running free? The entire basis of a trial, is that the prosecutor feels there is enough information for a guilty verdict. There is an obligation for the crown to disclose the information they have, in order the accused can examine the evidence, and prepare a defense. Now if this guy had a lawyer at the start the crown would have disclosed the info in a timely manner, perhaps, However when someone is representing themselves they are prone to not disclose or play this game.
The responsibility of the s$&t show rest on the crown, and not the accused, In my jail house lawyer opinion.
I think most people use handles on their discussion board, because of the small town nature we live in. When you have a unique name, such as mine your compelled to, but when your name is as common as Doug Jacobs, there probably is 50 in the Yukon, you can hide in the commonalty .
Up 13 Down 7
Doug Jacobs on Oct 5, 2018 at 1:23 pm
@Jack F
Cry me a river - one I'm not crying and two I'm stating facts. Because you can't find them does not make them not facts it makes you another prejudging bias resident that is out to hang this guy. Now if we really started discussing the true nature of the get Michael out of the Yukon plot that started in 2010, then we would be setting ourselves up for liable but please don't tell me about guilt or innocence as it was my family who financed his appeal and were present in Vancouver for the results. As for the victims you know so much maybe with your limited skills you'll be able to tell me their criminal records or how their pending charges mysteriously disappeared the moment they charged Michael. As for his well being and his pursuit to get justice, he is doing his due diligence and following his legal instructions and rest assured that it is not only my family and two newspapers in BC. watching this procedure and seeing how long it takes to play out and the results of this proceeding. Further more, there is no evidence from the crowns office to prove they sent disclosure by email nor would they ever send it by mail so to offer it to him three days before his trial on a charge they apparently had done in 2015 and has carried on for better than a year is absolute nonsense. Nobody would be able to prepare a defence without full disclosure months before a trial date. The Yukon Justice System in itself is pathetic at best so please don't try to challenge someone who is directly and indirectly involved with this man and his family. But nice try on the raising doubt. Remember this isn't a trial this is a comment on a newspaper article so let's not hang someone before there's been a crime proven. Have a great day.
Up 8 Down 11
Atom on Oct 5, 2018 at 12:54 pm
Hiding behind a moniker yes....but if you check out the Whitehorse Star article from Jan 5, 2011.....I'd find it hard to believe this guy was innocent then, given the real people and their stories mentioned, or innocent now.
Those who love him should stop enabling this guy...it hurts and I know from experiencing this with a good good friend....but he will do this to anyone he can. He needs help, and a lot of it.
Best of luck all
Up 6 Down 11
Seriously? on Oct 5, 2018 at 11:41 am
All you have to do is google his name and all his past fraud cases come up! He knows how to play the system and has done it many times in the past. Time to grow up and stop trying to manipulate your way through life Mr Gagnon!
Up 12 Down 10
Doug Jacobs on Oct 4, 2018 at 7:03 pm
Mr.M seems like you're opinion on the facts is like he's already guilty and you wonder why he's refused to be tried in the Yukon and again you hide behind s intial not a name. See this is how easy it is, my name is Doug Jacobs so if I'm going to call someone a A Hole as you did, identify yourself because it's clear you're bias towards this man and I'm betting it's because Michael is no fraud or fake nor did he do anything he is accused of. So like I stated before, if the crown is so sure that they have a guilty man running free, grant the change of venue and allow a fair and non bias trial present your evidence and he will present his and when he's acquitted are any of you negative commenters going to apologize to him or his family? Probably not because you will never allow him to know who you are and I'm betting I already do.
Up 13 Down 10
Yukon Watchdog on Oct 4, 2018 at 3:21 pm
@ My Opinion - The only ones who get that kind of special treatment here are gladue beneficiaries. A regular white guy (making an assumption here that he is white) in Yukon courts gets to exactly where this guy is.... as Doug Jacobs says, no faith in the Yukon Justice system.
Yes, I'm in that exact same place as well. I hear you; I agree with you; I hope you get your trial away from here so you can actually get justice.
Up 13 Down 12
Jack F. on Oct 4, 2018 at 3:03 pm
@Doug Jacobs. Cry me a river. Let's hear about his victims. Gagnon is an accused and he should be in court as scheduled. Is it anyone's fault but his if he doesn't take some responsibility and check his e-mail for disclosure? I don't buy that for a second. Also show us his case from the Supreme Court of Canada - I just checked and see no such case. In any event, if he is innocent as you assert, he would be running to court to clear his name, rather than making excuses.
Up 13 Down 9
Max Mack on Oct 4, 2018 at 2:30 pm
Judging by thumbs up to comments, it looks like the pitch-fork crowd is out in force on this story. This case demonstrates perfectly why courts are supposed to follow rules of procedure and natural justice instead of mob mentality.
Unfortunately, we don't have all the facts but, on its face, this guy seems to have a very good case for a change of venue. I'm not convinced he will get better treatment by BC courts since the prosecution and the judges are often looking out for each other.
But, he will have a better chance of a fair hearing there than here. I hope he gets the fair trial he deserves.
Up 25 Down 1
At home in the Yukon on Oct 4, 2018 at 11:28 am
I don't think that Gagnon "agreeing" is relevant. If he can make a good case that he wouldn't get a fair trial here, fine, but he'd have to be held in custody in Vancouver or he'd just slip away an disappear.
Up 19 Down 15
Mr M on Oct 4, 2018 at 7:43 am
What an arrogant A Hole. What about the people and the money he took from those people. Just another A Hole.
Up 18 Down 19
Doug Jacobs on Oct 3, 2018 at 8:46 pm
I feel compelled to comment on this story because it seems that some folks just don't get it like Watson Lake Resident. You seem to know Michael very well but you seem to be ignorant to the facts. Yes, Michael did do federal time for fraud on charges and convictions that were overturned by the Supreme Court Of Canada. This man sat in prison on the testimony of local residents that played victim but later were found to be fraudulent themselves so when you write a story or comment on a story know the whole story.
This man did not refuse because he was guilty of anything and in fact requested a change of venue to have his trial heard in Vancouver - a court system that needs facts not gossip to convict a person for any crime. And for the record, nobody would be prepared for a proper defence if the Crown Council withholds disclosure on a charge that dates back to 2015 until 3 days before the trial, so while everyone offers their opinion, here's one for all of you. This man does have a family that not only know him but love and appreciate him very much and know that he is innocent as do the accusers which is why they will never allow these charges to be heard in a court that has never shown bias to him and have no hidden agendas as for him being a fraud. Michael is far from a fraud and the writer calling him that hides behind a custom name instead of their own as you are either the complainant or a friend of and would never call him that to his face.
This man stood by his child while battling leukemia, buried his mother in law 37 days after returning from the two years he spent in Vancouver fighting and supporting his son. So if you think his family doesn't know him or believe in him he would never have left because I too know Michael as did my father whom Michael worked for and my family.
This is by no means a show of disrespect for the law or justice, this is an act of no faith in the Yukon Justice system. So if the crown is so sure of the conviction approve the change of venue and set a trial date.
Up 15 Down 5
Ridiculous on Oct 3, 2018 at 12:39 pm
@Watson Lake resident
Warrants most certainly can, and have been, issued for people out-of-Territory; it's just more of a pain in the ass for the judiciary, and is mostly only done for the "big" crimes like murder or massive drug trafficking. The other option is a warrant can be issued just for YT and if he ever comes back here and gets pulled over for speeding or whatever, he'll just be immediately thrown in jail.
Up 25 Down 9
Watson Lake resident on Oct 2, 2018 at 4:04 pm
If this is the guy I know, he has already done some serious time for fraud. Staying in BC is keeping him out of jail I assume. Not sure if a warrant from the Yukon can be enforced in BC.. He knows how to play the game.
Hopefully his family in Watson Lake see's what a fraud he really is and say's "see ya" once and for all.
Up 11 Down 31
Ilove Parks on Oct 2, 2018 at 12:22 pm
I do like this guy. We have a colonial justice system which is failing us.
Justice belongs to the people not lawyers who charge outrageous fees and courts that have procedures that common people cannot understand.
Then we have well intended but gladforyou defenses that allow violent criminal back on the streets after sketchy sentences.
Please accommodate this man in the name of fairness.
Up 49 Down 4
Politico on Oct 1, 2018 at 11:02 pm
Gotta love this guy. Don't tell nobody nothing, claim persecution and just refuse to follow process. How about we just toss him in jail so he'll make the next court date.
Up 44 Down 1
Woodcutter on Oct 1, 2018 at 10:01 pm
3 days before trial...hmm - sounds like games as well.
Up 42 Down 0
My Opinion on Oct 1, 2018 at 8:28 pm
With our system they will likely pay his way get a Hotel, Meals, and then let him go. He should come up here, no one ever gets hard time. That is why all the gangs are moving up here. Soft justice.
Up 11 Down 56
Ilove Parks on Oct 1, 2018 at 4:49 pm
Wow. This guy knows how to stand up for himself.
Up 69 Down 3
Nice on Oct 1, 2018 at 4:00 pm
Still in control, isn't he. "I will not agree to a trial in Whitehorse."
You don't get to dictate what jurisdiction your trial will be held in, Michael. This is the beauty of the court room. The people who constantly change the subject, refuse to answer, try to keep control of the ball, are finally pinned down by a judge who says, "Answer the question."
Up 80 Down 1
Ridiculous on Oct 1, 2018 at 3:58 pm
Holy hell, what kind of entitled nonsense is this? Sounds like a pretty clear case of contempt of court to me.