Latest news with #Nygard
Yahoo
6 days ago
- General
- Yahoo
Former Manitoba justice minister's decision to order Nygard review was abuse of process: judge
A Manitoba judge has determined a serious abuse of process took place in 2022, when the province's then attorney general ordered a review of a decision to not charge former fashion mogul Peter Nygard with sexual assault. Provincial court Judge Mary Kate Harvie made the ruling Tuesday morning but did not grant a judicial stay of proceedings, which Nygard's lawyer had requested during arguments earlier this month. "I am satisfied that the actions of the attorney general amount to an abuse of process. I am not satisfied that this is one of the clearest cases where a judicial stay of proceedings is appropriate," Harvie said. She called the abuse of process "a serious one," saying the actions of then attorney general Kelvin Goertzen fell "well short of accepted standards." In her 37-page decision, Harvie wrote "this is not a conclusion I have reached lightly, recognizing that the authorities suggest that courts should be very cautious when analyzing allegations of this nature. It is one, however, that I am satisfied is supported by the evidence and the law." Harvie said she believed "the appropriate message has been sent" without needing to order a stay. "If any attorney general seeks to proceed in the way Mr. Goertzen did in this case, being motivated by partisan considerations, by proceeding without the guidance of a policy or otherwise articulated and transparent principles, and in publicly speaking about a case prior to its final adjudication, I cannot imagine that the remedy would be the same as in this matter." The Manitoba case against Nygard will proceed and is set to return to court in September for motions. Goertzen, currently the Opposition MLA for Steinbach, would not speak to Harvie's decision. "As this matter remains before the court, with a trial date set for later this year, it would be inappropriate to comment until the conclusion of the judicial proceedings," he said in a one-line email statement. At a hearing earlier this month, a Crown lawyer argued that Goertzen made the request in the public interest and out of concern for sexual assault victims. Nygard was first arrested in Winnipeg in December 2020 under the Extradition Act, after he was charged with nine counts in New York, including sex trafficking and racketeering. At the time, the Winnipeg Police Service had been investigating the former fashion mogul for months. The files of eight women who alleged they'd been assaulted by Nygard were sent to Manitoba Justice for review in December 2020, but Manitoba prosecutors decided in 2021 not to lay charges. No details were provided on how that decision was reached. In 2022, while he was attorney general and justice minister in the previous Progressive Conservative government, Goertzen announced that Manitoba was going to take a second look at the decision and seek the advice of Saskatchewan's public prosecution services. Saskatchewan's finding was that one of the eight matters referred for a second opinion did, in fact, meet the standard for criminal proceedings. Nygard was then charged in 2023 with sexual assault and forcible confinement, in connection with offences allegedly committed in Winnipeg in November 1993, involving a 20-year-old woman. Two days of arguments were presented to Harvie earlier this month as Gerri Wiebe, Nygard's lawyer, tried to get the proceedings stayed, claiming the review was ordered because of political pressure. Wiebe had filed an abuse of process motion, arguing public protests, intense media pressure and questions from other politicians in the Manitoba Legislature put pressure on Goertzen to act. She argued it undermined the integrity of the justice system. Harvie agreed the decision seemed to have been made abruptly and only after questioning in the legislature, despite Goertzen having been in possession of the Manitoba Prosecution Service opinion for about 16 months. "In this case, the timing of the attorney general's decision is very troubling," she wrote in her decision. "[It] leads to the conclusion that the course of action taken by the attorney general was a partisan decision which was made contrary to the rule of law." Charles Murray told Harvie the request for a second opinion may have been unusual but is within the power of the office of the attorney general. He said Goertzen was "honouring and representing the community's sense of justice." Harvie, though, wrote in her decision that "in order for the attorney general to respect and maintain the rule of law, he cannot be swayed by media criticism, petitions, public demonstrations, or partisan concerns. "At the end of the day every person, no matter how reviled, how notorious, how popular or unpopular, must receive equal treatment by the attorney general and by the justice system. As demonstrated by the evidence in this case, such respect for the rule of law was not extended to Nygard," Harvie wrote. Nygard seems to have been singled out because of the notoriety of his case, not because of any principled reasons, and the decision to seek a second opinion after public pressure was brought to bear was based on partisan concerns, she wrote. Harvie agreed with Murray's point that Wiebe has not taken issue with the Saskatchewan prosecution determining charges should proceed regarding one of the eight complainants. But the delays caused by Goertzen's choices potentially made things more difficult for the complainant, Harvie wrote. "It is accepted that victims of sexual violence have struggled with the court system. Unfortunately, having dealt with this prosecution in this manner, the attorney general has risked adding to those concerns rather than alleviating them." She also agreed with the Crown's argument that if there is a problem with a lack of "guardrails" to guide an attorney general who wants a second opinion, courts should find a remedy without resorting to a judicial stay of proceedings. She noted there is no policy in place in Manitoba to determine when a second opinion can or should be sought by the attorney general. 'Vitally important' decision: prof Brandon Trask, an associate professor of law at the University of Manitoba and former Crown prosecutor, said Harvie's decision was "remarkable" and "vitally important." "I think it's just very important for society to recognize Crown prosecutors have such an important role to play, and they cannot be interfered with by politicians," Trask said. The situation was "unprecedented" in Manitoba, but Harvie's ruling has now helped set a precedent, he said. "Having a better developed set of policies will help prevent something like this from happening in the future." In an email to CBC News, the Manitoba Association of Crown Attorneys said it would not comment on the case against Nygard. In response to Harvie's decision, the association called on the government to "refrain from outsourcing prosecutions to outside counsel … and instead ensure they are handled by the experienced and independent prosecutors within the Manitoba Department of Justice." Nygard has already been sentenced to 11 years in prison after being convicted in Toronto of four counts of sexual assault involving five women who said they were attacked between the late 1980s and the early 2000s. He is also facing charges in Quebec and the United States. He has denied all allegations against him.


Global News
6 days ago
- Politics
- Global News
Judge rules abuse of process in Nygard case but Manitoba charges to continue
A judge has ruled a decision by Manitoba's former attorney general to review a criminal case against former fashion mogul Peter Nygard was an abuse of process. Judge Mary Kate Harvie said in a decision Tuesday that Kelvin Goertzen, when he was attorney general with the former Progressive Conservative government, didn't do his due diligence in seeking a second opinion on a decision by the Crown not to lay charges. Charges were later laid against Nygard. The judge wrote Goertzen acted on 'partisan concerns.' 'By proceeding in this manner and seeking a second opinion without an articulated basis, the attorney general undermined public confidence in Manitoba Prosecution Service counsel, and by extension the justice system, rather than improving it,' Harvie wrote. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'In order for the attorney general to respect and maintain the rule of law, he cannot be swayed by media criticism, petitions, public demonstrations or partisan concerns. Story continues below advertisement 'At the end of the day every person, no matter how reviled, how notorious, how popular or unpopular, must receive equal treatment by the attorney general and by the justice system.' Nygard, who founded a now-defunct global women's clothing company in Winnipeg, was sentenced last year to 11 years for sex offences in Toronto. He also faces a trial on sex charges in Quebec as well as extradition to the United States on sex trafficking and racketeering charges. In 2022, Goertzen sought the second opinion from Saskatchewan prosecutors after facing questions from legislators and the public about why charges against Nygard were not also pursued in Manitoba. Saskatchewan prosecutors recommended charges of sexual assault and forcible confinement proceed. Nygard was arrested on those charges the following year. Despite the abuse of process, Harvie ruled Nygard's case can proceed in court. The defence had asked for a stay of proceedings, but the judge said she didn't consider a stay 'to be an appropriate remedy.' 'While it does not necessarily assist the accused in this case, I am satisfied that the appropriate message has been sent with respect to the actions of the attorney general and the method of obtaining a second opinion,' she wrote. Goertzen said in a statement it would inappropriate to comment on the case as it's still before the courts.


Winnipeg Free Press
09-05-2025
- Winnipeg Free Press
Nygard lawyer claims ‘abuse of process' in Manitoba, asks judge to stay sex charges
A lawyer for disgraced fashion mogul and convicted sex offender Peter Nygard is seeking to have Manitoba charges against him stayed. Nygard, 83, is set to stand trial in December on charges he sexually assaulted and forcibly confined a then-20-year-old woman in 1993 at his former corporate headquarters in Winnipeg. At a hearing Friday morning before provincial court Judge Mary Kate Harvie, Nygard's lawyer Gerri Wiebe argued former provincial attorney general Kelvin Goertzen had no grounds to seek a second opinion on the case from the Saskatchewan Public Prosecutions Service in November 2022, more than a year after the Manitoba Crown attorney's office decided it would not pursue charges against Nygard. COLE BURSTON / THE CANADIAN PRESS FILES Seen through a police vehicle window, Peter Nygard arrives at court in Toronto in October 2023. Nygard was convicted last September of sexually assaulting four women at his Toronto corporate headquarters from the late 1980s to the mid-2000s. Wiebe called the Manitoba prosecution an 'abuse of process.' She alleged Goertzen was responding to media and political pressure when he made the decision to seek a second Crown opinion from out of province, a move not specifically sanctioned by government policy. Nygard appeared via video from Bath Institution, where he is serving an 11-year sentence after being convicted last September of sexually assaulting four women at his Toronto corporate headquarters from the late 1980s to the mid-2000s. Nygard, sporting long hair and a beard, sat with his head bowed, barely visible for the camera, his head topped with both a ball cap and tuque. When brought to the video room, he appeared not to know the purpose of the hearing. 'I have no idea (how long I will be here),' he told a corrections officer in a hoarse voice. 'I don't even know what this is about.' The woman at the centre of the Winnipeg charges was one of eight alleged sexual assault victims whose cases were investigated by city police and assessed by Manitoba Crown attorneys. Winnipeg Jets Game Days On Winnipeg Jets game days, hockey writers Mike McIntyre and Ken Wiebe send news, notes and quotes from the morning skate, as well as injury updates and lineup decisions. Arrives a few hours prior to puck drop. In November 2022, then Manitoba Liberal leader Dougald Lamont took the women's calls for a new investigation to the legislative assembly and organized a news conference with women who had accused Nygard of assault. Two days later, Goertzen ordered a second opinion on the matter and sent the case files to Saskatchewan prosecutors for review. 'Sixteen months after a decision was made not to prosecute, in the face of direct questioning in the legislative assembly, the attorney general sought a second opinion with respect to what we say was a considered opinion by Manitoba Prosecution Services that there was no reasonable likelihood of conviction,' Wiebe said. 'The attorney general's explanation for seeking the second opinion does not appear to have been based on any articulated problem with the Manitoba Prosecutions decision,' she said. 'The only explanation given by the attorney general is that he appears to have been bothered by the fact that charges were authorized in other jurisdictions, that he had heard from the victims and that he had lost sleep at night.' Nygard still faces charges in Quebec and extradition to the U.S., where he has been charged with sex trafficking and racketeering. Dean PritchardCourts reporter Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean. Every piece of reporting Dean produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.


CBC
28-01-2025
- CBC
Peter Nygard's preliminary hearing begins in Montreal on sexual assault, forcible confinement charges
A preliminary hearing is being held in Montreal this week for former Canadian fashion mogul Peter Nygard, who is facing two charges in Quebec including sexual assault. Nygard, the founder of a defunct international women's clothing company, faces one count of sexual assault and one count of forcible confinement for incidents that allegedly took place in Quebec between Nov. 1, 1997, and Nov. 15, 1998. Prosecutors charged Nygard in March 2022, and the alleged victim's identity and the evidence being heard in court this week are subject to a publication ban. Nygard, 83, is appearing remotely at the preliminary hearing from a federal institution in Ontario where he is serving time. The founder of Nygard International was sentenced last September to 11 years in prison after he was found guilty on four counts of sexual assault in Toronto for offences from the 1980s to mid-2000s. Nygard is also facing charges in Manitoba, and U.S. authorities have sought his extradition on a nine-count indictment filed in New York, alleging he was involved in illegal activity for the purpose of sexually abusing and trafficking women and underage girls.