Overview

• Provincial Court Judge Mary Kate Harvie granted a stay after finding the loss of 1993 interview records violated Nygard’s Charter right to make full answer and defence.
• The complainant spoke to Winnipeg police and Vancouver RCMP in 1993 without pressing charges, gave a video statement in 2020, and charges were laid in 2023 following an independent review requested by former Manitoba attorney general Kelvin Goertzen.
• Harvie criticized fuzzy and inexcusable record-retention practices from the era and rejected the Crown’s position that the loss, though relevant, did not amount to unacceptable negligence.
• Defence lawyer Gerri Wiebe said Nygard was pleased, arguing the unavailable 1993 recordings are critical for testing inconsistencies in the complainant’s accounts.
• The British Columbia RCMP declined to comment on the ruling, noting procedures have evolved over 30 years, while Nygard remains sentenced in Toronto, faces a Quebec trial, and is subject to possible U.S. extradition.