Latest news with #abuseofprocess
CBC
28-05-2025
- General
- CBC
Former Manitoba justice minister interfered in Nygard case: judge
A Manitoba judge has determined a serious abuse of process took place when Kelvin Goertzen, who was then the province's attorney general and justice minister, ordered a review in 2022 of a decision to not charge former fashion mogul Peter Nygard with sexual assault. However, the charges that Nygard faces as a result of that review will not be stayed.
CTV News
27-05-2025
- General
- CTV News
Judge rules abuse of process in Nygard case but Manitoba charges to continue
Peter Nygard arrives at a courthouse in Toronto on Tuesday, Oct.3, 2023. THE CANADIAN PRESS/Cole Burston WINNIPEG — WINNIPEG — 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. '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.' 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. — By Jeremy Simes in Regina This report by The Canadian Press was first published May 27, 2025.
CBC
27-05-2025
- General
- CBC
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.
