A recent ruling by Judge Mary Kate Harvie has deemed the decision made by Manitoba's former attorney general, Kelvin Goertzen, to review a criminal case against ex-fashion mogul Peter Nygard as an abuse of process. The ruling, which was delivered on a Tuesday, highlighted that Goertzen, during his tenure in the Progressive Conservative government, did not exercise the necessary due diligence while seeking a second opinion following the Crown's decision to refrain from laying charges against Nygard.
In her detailed decision, Judge Harvie criticized Goertzen for acting based on what she described as "partisan concerns." She expressed that by pursuing a second opinion without a clearly defined basis, he inadvertently undermined public confidence in the Manitoba Prosecution Service and, by extension, the overall justice system. Judge Harvie emphasized the importance of maintaining the rule of law, stating that the attorney general should not be influenced by media scrutiny, public petitions, or partisan pressures.
The judge underlined the principle that every individual, regardless of their public persona—whether beloved or loathed—must be afforded equal treatment by the attorney general and the justice system. Nygard, who is known for founding a now-defunct global women's clothing company, faced serious legal repercussions, having been sentenced to 11 years in 2023 for sex offenses in Toronto. Additionally, he is confronted with ongoing trials for sex charges in Quebec and possible extradition to the United States concerning charges of sex trafficking and racketeering.
In 2022, amid mounting public and legislative scrutiny about the lack of charges against Nygard in Manitoba, Goertzen sought a second opinion from prosecutors in Saskatchewan. Those prosecutors subsequently recommended that charges of sexual assault and forcible confinement against Nygard should proceed. As a result, Nygard was arrested the following year based on these recommendations.
Despite this ruling indicating an abuse of process on the part of the former attorney general, Judge Harvie concluded that Nygard's case could still continue in court. The defense team had requested a stay of proceedings, but the judge determined that such a measure was not suitable. She noted that while this outcome may not directly benefit the accused, it serves an important purpose by delivering a clear message regarding the actions of the attorney general and the manner in which the second opinion was sought.
Following the ruling, Goertzen refrained from commenting publicly on the case, stating that it would be inappropriate to do so while it remains before the courts. This significant decision from Judge Harvie sets important precedents regarding the conduct of legal authorities in cases with substantial public interest and scrutiny.
