Published 2026-07-29 · Evidence label: mainstream-reported acquittal; official decision/appointment record still pending
What the viral post says
The screenshot shows an Ezra Levant post stating: “DEI has taken over our justice system,” and saying an Alberta man accused of sexual assault was “cleared by Justice Ayla Akgungor, appointed by Justin Trudeau,” after using “sexsomnia” as his defence.
The same post says the court found reasonable doubt that the accused was awake and aware, resulting in no conviction. That is the part CanadianJudges.ca can source-check through mainstream reporting.
What National Post reported
National Post reported on July 28, 2026 that an Alberta man who claimed he had no recollection of sexually assaulting his former wife while asleep was found not guilty. The report identifies the judge as Justice Ayla Akgungor and says the decision came from Wetaskiwin, Alberta, on July 17.
National Post quoted the judge: “I am satisfied that there was a reasonable possibility that DW may not have been fully conscious during the incidents in question such that his conduct was intentional.”
National Post further reported that Justice Akgungor was not satisfied beyond a reasonable doubt that the Crown had proven the accused had the required intention for sexual assault, and that she therefore had to find him not guilty.
The legal distinction
This is not the same as a court finding that the complainant lied, and it is not a civil finding about what happened. It is a criminal acquittal. The reported issue was whether the Crown proved the mental element of sexual assault beyond a reasonable doubt after the accused raised a sleep-disorder explanation.
For JudgeWatch purposes, the decision is significant because it is now being shared politically as a justice-system accountability story. The source trail should keep the legal categories separate: accused, complainant, acquittal, reasonable doubt, mens rea, and advocacy framing.
What remains unverified
- CanadianJudges.ca did not locate direct official written reasons from CanLII or Alberta Courts in this pass.
- The “appointed by Justin Trudeau” claim is visible in Ezra/X framing but was not independently confirmed from a federal appointment release in this pass.
- The screenshot image appears to imply the woman pictured is Justice Akgungor, but the screenshot itself does not independently authenticate the portrait.
Why this is on JudgeWatch
Justice Akgungor is publicly named in mainstream reporting and in the viral political post. The entry is therefore logged as a judge/source-trail item, with the caution that it is not a judicial-misconduct finding and that the court’s reasons should be linked if/when an official decision becomes available.