A judge has halted all charges in the Winnipeg sexual assault case involving fashion mogul Peter Nygard, citing a breach of his Charter right to a fair trial due to police not maintaining records tied to 1990s allegations. Nygard participated in the court proceedings via video link, where Judge Mary Kate Harvie expressed concerns that his right was significantly compromised and would worsen if the trial proceeded.
The accuser, April Telek, accused Nygard of sexually assaulting her at his Winnipeg warehouse in November 1993, leading to charges of sexual assault and unlawful confinement. Following the judge’s decision, 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, currently serving a sentence for another sexual assault case in Ontario, reacted positively to the news, expressing relief upon learning about the charges being dropped.
The defense lawyer, Gerri Wiebe, filed a motion for a stay of proceedings, arguing that the lack of documentation from the 1993 interviews with the accuser undermined Nygard’s right to a fair trial. Judge Harvie emphasized the need for significant changes in handling historical sexual assault allegations to balance victims’ rights and the accused’s constitutional rights.
This ruling marks the second time Nygard’s rights were breached in the case, with a previous determination that a review of a decision not to charge him also constituted an abuse of process. Nygard faces additional charges in Montreal and Ontario, with ongoing legal proceedings in those jurisdictions.
While an appeal remains a possibility, legal experts believe the judge’s decision was appropriate given the violations of Nygard’s rights. The importance of proper record-keeping to ensure justice in historic cases of sexual offenses was highlighted, despite the associated costs.
