Peter Nygard’s charges stayed in Winnipeg sexual assault case

A judge has stayed all charges in the Winnipeg sexual assault case against disgraced fashion mogul Peter Nygard, finding his Charter right to a fair trial was breached by police failing to retain records related to allegations stemming from the 1990s.

Nygard appeared via video link in a Winnipeg courtroom for the decision Wednesday, where provincial court Judge Mary Kate Harvie said she was satisfied that right was "substantially prejudiced" and would "be further aggravated" if the trial on the matter was allowed to proceed.

The complainant alleged Nygard sexually assaulted her at his Winnipeg warehouse in November 1993. He was charged with sexual assault and unlawful confinement.

The identity of the complainant, April Telek, was previously protected under a publication ban. That ban was lifted following the judge's decision Wednesday, which court heard was done at Telek's request.

Telek spoke about the alleged incident with police officers, including North Vancouver RCMP and Winnipeg police, but Harvie said any notes or reports related to those interactions are presumed to have been purged from police systems.

WATCH | Peter Nygard sexual assault charges stayed in Manitoba court:

Peter Nygard sexual assault charges stayed in Manitoba court

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A judge has stayed all charges in the sexual assault case against disgraced fashion mogul Peter Nygard in Winnipeg. The Manitoba court judge found that the police's failure to retain records related to allegations dating back to the 1990s violated his right to a fair trial.

The investigation was launched by Winnipeg police in 2020.

Nygard reacted to the update in his case Wednesday with delight, as his lawyer explained the decision to him over video on a break in court following the judge's comments.

"So then we won? The charges are therefore dropped?" Nygard asked lawyer Gerri Wiebe.

"That's wonderful news," he said from custody in Ontario, where he's serving a sentence in another sexual assault case. "Congratulations."

Wiebe filed a motion for a stay of the proceedings in September, arguing her client had been denied the right to a fair trial on the basis that officers who interviewed the woman in 1993 were unable to produce documentation of their exchanges.

• Peter Nygard's lawyer alleges police lost evidence, wants Winnipeg sex assault case tossed before trial
• 'Sexual predator' Peter Nygard sentenced to 11 years for 4 counts of sexual assault

Wiebe argued testimony from the complainant and police was in no way an adequate substitute for missing documentation.

"The complainant here can say anything she wants to about what she did or didn't tell police … and I have virtually nothing to challenge that with," the lawyer said in September.

'Significant changes' needed: judge

Harvie said it's becoming more common for courts to hear cases involving historical sexual assault allegations, in part because victims sometimes "require years to process the trauma before they are able to come forward."

But she also said participants in the justice system, including police, need to make adjustments to recognize the challenges historical allegations can pose — including missing evidence and the fading of memories over time — "while at the same time respecting the constitutional rights of the accused and the need for proof of any allegations beyond a reasonable doubt."

"It is important that all players within the criminal justice system recognize that it may take multiple meetings, over months or years, for the disclosure process to be completed and for charges to be laid," Harvie said, calling it "critically important" that police ensure communications with victims aren't purged from storage without appropriate evaluation.

"This may mean significant changes are necessary to the categorization and storage of police reports, notebooks and statements. We live in a day and age where the storage of vast quantities of documents has never been easier. For the sake of victims of sexual violence, and to ensure against wrongful convictions, no other alternative is acceptable."

• Prosecutor denies lost evidence prevents fair trial for Peter Nygard

Harvie also said in her decision that the latest breach of Nygard’s rights was the second in the case, after she determined earlier this year that Manitoba’s former attorney general ordering a review of a decision not to charge Nygard with sexual assault amounted to a serious abuse of process.

Montreal charges, Ontario appeal pending

Rob Parker, the Saskatchewan-based prosecutor assigned to the case after it was sent out of Manitoba for the review, said he couldn't say he was surprised by the judge's decision Wednesday.

"This is a complex legal issue, and there were a lot of arguments to be made. Defence counsel represented her client very capably," he said following Wednesday’s hearing.

Nygard's lawyer said Wednesday though the judge's decision was a difficult one, it was the right one in the case, given the court found her client's rights were violated twice.

"Despite how unpopular a person may be, or despite how difficult the allegations may be, the Charter is in place for a reason," Wiebe said.

“I think that's the exact role of judges in our democracy is to make those calls that need to be made without fear of reprisal, without fear of personal retribution.”

Nygard's trial on the Winnipeg allegations had been scheduled for December. A provincial spokesperson said in an email Wednesday the judge's decision to stay the charges in his case "will be carefully reviewed by independent counsel to assess whether or not there is any basis for appeal."

He is already serving an 11-year prison sentence after he was found guilty in an Ontario court of four counts of sexual assault for offences from the 1980s to mid-2000s. He is appealing that conviction and sentence.

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

He also faces charges of sexual assault and forcible confinement related to allegations of events that took place from Nov. 1, 1997, to Nov. 15, 1998, in Montreal.

Wiebe said the Montreal matter is expected to have trial dates set in December, while Nygard’s Ontario appeal will be heard in March.