Former Manitoba justice minister's decision to order Nygard review was abuse of process: judge
CBC
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.
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