A Manitoba judge has determined an “abuse of process” took place when the province’s former attorney general ordered a review of a decision to not charge Peter Nygard with sexual assault and unlawful confinement.

Provincial court Judge Mary Kate Harvie made the ruling Tuesday morning but did not grant a judicial stay of proceedings, which Nygard’s lawyer had requested during arguments earlier this month.

In 2022, while he was attorney general and justice minister in the previous Progressive Conservative government, Goertzen announced that Manitoba was going to take a second look at the decision and seek the advice of Saskatchewan’s public prosecution services.

(Judge) Harvie agreed the decision seemed to have been made abruptly and only after questioning in the legislature, despite Goertzen having been in possession of the Manitoba Prosecution Service opinion for about 16 months.

“In this case, the timing of the attorney general’s decision is very troubling,” she wrote in her decision.

“[It] leads to the conclusion that the course of action taken by the attorney general was a partisan decision which was made contrary to the rule of law.”

Former Manitoba justice minister's decision to order Nygard review was abuse of process: judge | CBC News

A Manitoba judge has determined a serious abuse of process took place in 2022, when the province's then attorney general ordered a review of a decision to not charge former fashion mogul Peter Nygard with sexual assault.

CBC (www.cbc.ca)