A judge has halted all charges in the Winnipeg sexual assault case involving fashion mogul Peter Nygard due to a breach of his Charter right to a fair trial. The breach occurred as police failed to keep records related to allegations dating back to the 1990s. Nygard, accused of sexually assaulting April Telek at his Winnipeg warehouse in 1993, faced charges of sexual assault and unlawful confinement.
During the court session where Nygard appeared via video link, Judge Mary Kate Harvie stated that the breach of his rights had significantly prejudiced the case and continuing the trial would exacerbate the situation. The complainant, April Telek, previously under a publication ban, had requested the lifting of the ban following the judge’s ruling.
The investigation into the case was initiated by Winnipeg police in 2020. Nygard, reacting to the decision with joy, was informed by his lawyer during a court break. Nygard, currently in custody in Ontario for another sexual assault case, expressed relief at the dropped charges.
Nygard’s lawyer, Gerri Wiebe, had filed a motion in September for a stay of proceedings, arguing that the lack of documentation from police interviews in 1993 violated his right to a fair trial. Harvie emphasized the need for significant changes in how historical sexual assault cases are handled, emphasizing the importance of preserving evidence and respecting the rights of both victims and the accused.
The judge noted that this was the second breach of Nygard’s rights in the case after a previous ruling against the former attorney general’s review of the decision not to charge Nygard. Nygard, currently serving an 11-year sentence in Ontario for sexual assault, is also facing charges in Montreal and an appeal in Ontario. Authorities in the U.S. are seeking his extradition on charges related to sexual abuse and trafficking.
Despite the potential challenges associated with improving record-keeping practices, legal experts recommend following the judge’s recommendations to ensure justice is served in cases involving historic sexual offenses. While an appeal is possible, experts believe the court had no choice but to grant a stay due to the denial of Nygard’s right to a fair trial.