Review of Nygard case in Manitoba was 'abuse of process,' judge rules
A Manitoba judge has determined an "abuse of process" took place when the province's former attorney general ordered a review of a decision to not charge Peter Nygard with sexual assault and unlawful confinement.
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."
Harvie said she was satisfied "the appropriate message has been sent" regarding Goertzen's actions, but the case against Nygard will proceed. It is set return to court in September for motions.
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.
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