Judge rules abuse of process in Nygard case but Manitoba charges to continue

Peter Nygard arrives at a courthouse in Toronto on Tuesday, Oct.3, 2023. THE CANADIAN PRESS/Cole Burston

WINNIPEG — WINNIPEG — A judge has ruled a decision by Manitoba’s former attorney general to review a criminal case against former fashion mogul Peter Nygard was an abuse of process.

Judge Mary Kate Harvie said in a decision Tuesday that Kelvin Goertzen, when he was attorney general with the former Progressive Conservative government, didn’t do his due diligence in seeking a second opinion on a decision by the Crown not to lay charges.

Charges were later laid against Nygard.

The judge wrote Goertzen acted on “partisan concerns.”

“By proceeding in this manner and seeking a second opinion without an articulated basis, the attorney general undermined public confidence in Manitoba Prosecution Service counsel, and by extension the justice system, rather than improving it,” Harvie wrote.

“In order for the attorney general to respect and maintain the rule of law, he cannot be swayed by media criticism, petitions, public demonstrations or partisan concerns.

“At the end of the day every person, no matter how reviled, how notorious, how popular or unpopular, must receive equal treatment by the attorney general and by the justice system.”

Nygard, who founded a now-defunct global women’s clothing company in Winnipeg, was sentenced last year to 11 years for sex offences in Toronto. He also faces a trial on sex charges in Quebec as well as extradition to the United States on sex trafficking and racketeering charges.

In 2022, Goertzen sought the second opinion from Saskatchewan prosecutors after facing questions from legislators and the public about why charges against Nygard were not also pursued in Manitoba.

Saskatchewan prosecutors recommended charges of sexual assault and forcible confinement proceed. Nygard was arrested on those charges the following year.

Despite the abuse of process, Harvie ruled Nygard’s case can proceed in court.

The defence had asked for a stay of proceedings, but the judge said she didn’t consider a stay “to be an appropriate remedy.”

“While it does not necessarily assist the accused in this case, I am satisfied that the appropriate message has been sent with respect to the actions of the attorney general and the method of obtaining a second opinion,” she wrote.

Goertzen said in a statement it would inappropriate to comment on the case as it’s still before the courts.

— By Jeremy Simes in Regina

This report by The Canadian Press was first published May 27, 2025.