Questions need to be answered

Opinion

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This article was published 20/11/2023 (664 days ago), so information in it may no longer be current.

Last week, Peter Nygard was found guilty on four counts of sexual assault. The verdict brought relief and vindication for some of the women victimized by the disgraced fashion mogul. Emphasis on some.

The six-week trial unfolded in Toronto, where jurors heard disturbing accounts from five women who testified to being lured into Nygard’s headquarters under the false pretexts of tours and job interviews. Instead, they said they were taken into a private bedroom suite in his downtown Toronto headquarters and sexually assaulted.

All of the women described feeling overpowered by the influential businessman and trapped inside the room, which several of the victims said was outfitted with a locked, handleless door. Nygard was acquitted of one of the five counts of sexual assault and one count of forcible confinement.

For accusers in Winnipeg who have yet to have their day in court, news of the guilty verdict was bittersweet. It also reignited valid questions about the handling of sexual assault cases by Manitoba’s judicial system.

“It has been worse dealing with the justice system than it was getting raped,” KC Allan told the Free Press in the wake of last Sunday’s verdict.

Allan’s allegation shares similarities with the cases in Toronto. She maintains that she was raped in Nygard’s Winnipeg warehouse, which contained an apartment with a private bedroom, after accepting a ride home from a nightclub in 1979. She was 17 years old at the time.

Despite filing a formal complaint against Nygard to Winnipeg police, Allan’s case has not resulted in charges locally. Hers was among eight reports of sexual assault submitted to Manitoba prosecutors for consideration in 2020.

Crown attorneys decided to pursue charges on all but one of the cases — a decision made following an independent review by Saskatchewan prosecutors. Nygard is also facing sexual assault charges in Quebec and sex trafficking and racketeering charges in the United States. More than 100 women have joined a civil class action lawsuit against him.

The way things have unfolded in Manitoba raise serious and concerning questions.

Nygard’s pattern of predatory behaviour is alleged to have been an open secret in Winnipeg, where he founded his international women’s clothing company, for decades. Allegations of rape, sexual assault and harassment first surfaced locally in the 1960s.

Why has it taken so long for accusations against Nygard to be taken seriously? Why are so few of those accusations progressing to charges? How do the cases in Toronto differ from those in Winnipeg?

Manitoba’s Crown attorney’s office has not publicly shared its reasons for forgoing most of the charges against Nygard, leaving many of the above questions unanswered. Silence breeds confusion and confusion breeds mistrust.

For victims of sexual assault, mistrust in the justice process leads to underreporting. When allegations of this nature are dismissed without explanation — especially in such a high-profile case — it not only deters other victims from coming forward, it also has the potential to embolden perpetrators.

At the very least, Manitoba prosecutors should explain why they decided against pursuing criminal charges against Nygard. Manitoba’s NDP government would also do well to consider an inquiry into this case, for the sake of accusers like Allan and for the sake of public safety writ large.

Until then, the women who have spoken publicly and privately about their experiences will be left with a sense of vicarious justice served through court cases in other jurisdictions.