Overview
- Justice Mary Kate Harvie halted sexual assault and unlawful confinement charges after finding destroyed 1993 interview reports violated Nygard’s Charter right to a fair trial.
- The court said police provided no justifiable reason for the loss of the interview documents and criticized record‑retention rules as "fuzzy and inexcusable."
- Nygard’s lawyer, Gerri Wiebe, argued police must preserve records in historical cases so the accused can mount a defence, a position the judge endorsed.
- The complainant spoke with Winnipeg police and Vancouver RCMP in 1993, gave a video statement to Winnipeg police in 2020, and charges were laid in 2023 following a later review.
- Nygard, 84, remains convicted in Toronto and still faces separate sex charges in Quebec and potential extradition to the United States on trafficking and racketeering allegations.