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Judge rules former AG’s review of Nygard case constituted abuse of process

This ruling confirms that Winnipeg proceedings will continue despite finding that the review was driven by partisan pressure

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Overview

  • Provincial Court Judge Mary Kate Harvie found that Kelvin Goertzen’s 2022 order to seek a second opinion on the decision not to charge Peter Nygard amounted to a serious abuse of process.
  • Harvie said Goertzen’s actions fell well short of accepted standards for an attorney general and were motivated by partisan considerations.
  • The judge declined to grant a judicial stay and ordered that the sexual assault and unlawful confinement charges proceed.
  • Nygard has already been sentenced to 11 years in prison in Toronto for separate sexual assault convictions and faces additional charges in Quebec and the United States.
  • The Winnipeg case is set to return to court in September for pre-trial motions ahead of a trial later this year.