Judge gives Nygard month deadline to find lawyer in delayed Manitoba sex crime case

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This article was published 22/05/2024 (488 days ago), so information in it may no longer be current.

After months of delays, a Manitoba judge has given convicted rapist Peter Nygard one month to find a lawyer to represent him in Manitoba, warning him the court will no longer wait to proceed on his charges.

“The onus is on you to obtain counsel,” Associate Chief Judge Tracey Lord told Nygard Wednesday, as the disgraced fashion mogul appeared in a Winnipeg courtroom via telephone.

“I do appreciate there may be some logistical difficulties with you doing that given your situation, but this matter has to move forward.”

Nygard, 82, is charged with one count each of sexual assault and forcible confinement for an alleged incident at his former Winnipeg headquarters in 1993.

He was convicted after trial last year in Ontario of four counts of sexual assault and remains in custody in a Toronto detention facility as he awaits sentencing.

Nygard’s Manitoba court proceedings have been delayed since January, when Toronto-based defence lawyer Brian Greenspan withdrew from the case, citing an “irreconcilable breakdown in the solicitor-client relationship.”

On Wednesday, Nygard repeatedly complained about his limited access to the telephone, saying it was preventing him from finding legal representation in Winnipeg.

Lawyer Tim Valgardson attended court on behalf of Nygard, saying his office is helping him search for counsel. Valgardson previously confirmed he had been in discussions to represent Nygard but later told a Winnipeg court he could not proceed due to a conflict of interest.

“My office has spoken with two very prominent criminal lawyers in Winnipeg … who have agreed to meet with Mr. Nygard and discuss a retainer,” Valgardson told the court.

“The last time I heard, they were trying to set up a meeting with Mr. Nygard.”

When asked by Lord to confirm which lawyers he had been communicating with, Nygard could not provide a clear answer.

“I have not been able to talk to anybody, your honour. I’ve been fully involved with my Toronto case where I am supposed to be up for my sentence hearing and I’m preparing for that every minute of my time on the phone, so I have not had a chance at all to talk with any other lawyer of any other jurisdiction,” he said.

“The court does not provide me with very much time to communicate on the telephone.”

Nygard last appeared remotely in a Winnipeg courtroom on May 6. The matter also adjourned then due to Nygard’s lack of a lawyer.

Appearing by phone, Rob Parker, the Saskatchewan-based prosecutor assigned to the case, said the Crown is prepared to move forward with the trial and is concerned about the court process “languishing.”

Valgardson echoed that concern, telling Lord “It might have to be stressed to Mr. Nygard that this matter just can’t keep getting adjourned, that something has to happen with these charges in Winnipeg.”

The associate judge agreed to give Nygard one final month to find counsel, setting his next appearance for June 19.

“We are not going to wait until the Ontario matters are completed before moving forward with these matters, so all I need to know before the next date is if you have someone confirmed,” Lord said.

“That is going to be a finite end date and, at that point, we are going to have to look at case management dates and setting trial dates.”

If Nygard continues without counsel, he risks a scenario in which he is forced to represent himself during future hearings and, potentially, at trial, said Brandon Trask, an assistant law professor at the University of Manitoba and a former prosecutor.

While it is not uncommon for people to have delays retaining counsel, protracted proceeding can negatively impact the trial — placing additional strain on witnesses and the legal system, he said.

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“It’s very sensible that the court has made it clear this cannot go on indefinitely,” Trask said. “Everybody does want to see things move on… Justice delayed is justice denied and that flows both ways, not just for the accused.”

The former prosecutor said Nygard would likely have a “very challenging” time representing himself because the Crown could apply to prohibit him from cross examining the complainant. In that situation, the court would have to appoint counsel for the limited purpose of conducting the cross-examination.

The longer he goes without a lawyer, the more difficult it will become to retain one because future hearing dates will be made without accounting for the defence’s schedule, Trask said.

Nygard is also facing prosecution in Quebec and New York.

tyler.searle@freepress.mb.ca

Tyler Searle
Reporter

Tyler Searle is a multimedia producer who writes for the Free Press’s city desk. A graduate of Red River College Polytechnic’s creative communications program, he wrote for the Stonewall Teulon Tribune, Selkirk Record and Express Weekly News before joining the paper in 2022. Read more about Tyler.

Every piece of reporting Tyler produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.