A judge in Winnipeg has decided to halt all charges in the sexual assault case involving Peter Nygard, a former fashion executive, due to a violation of his right to a fair trial under the Charter. The judge, Mary Kate Harvie, stated that the police’s failure to retain records related to allegations from the 1990s significantly prejudiced Nygard’s right and could worsen if the trial proceeded.
The case stemmed from an allegation by April Telek, who accused Nygard of sexually assaulting her at his Winnipeg warehouse in 1993, leading to charges of sexual assault and unlawful confinement against him. Following the judge’s ruling, the publication ban protecting Telek’s identity was lifted at her request.
The investigation into the case was initiated by Winnipeg police in 2020. Nygard, who is currently serving a sentence for another sexual assault case in Ontario, expressed delight at the outcome of the trial through a video link in court. His lawyer, Gerri Wiebe, successfully argued for a stay of proceedings, citing the lack of documentation from the 1993 interviews with the complainant as a violation of Nygard’s right to a fair trial.
Judge Harvie emphasized the need for the justice system, including law enforcement, to adapt to challenges posed by historical sexual assault allegations. She stressed the importance of preserving evidence and memories over time while upholding the rights of the accused and ensuring allegations are proven beyond a reasonable doubt.
The decision marked the second breach of Nygard’s rights in the case, following a previous ruling that a review ordered by Manitoba’s former attorney general constituted an abuse of process. Nygard also faces charges in Montreal and a pending appeal in Ontario, along with extradition requests from U.S. authorities.
Despite the potential complexity of record-keeping improvements, legal experts support the judge’s recommendations for better retention of older documents to serve justice in cases involving historic sexual offenses. While an appeal is possible, experts believe it could be challenging for the prosecution given the circumstances leading to the stay of proceedings in Nygard’s case.
