Peter Nygard is asking the Manitoba Court docket of Enchantment to quash an order made by Canada’s justice minister to give up the previous trend government to the US to face felony expenses there, as soon as his Canadian trials are full.

In courtroom paperwork filed final April, Toronto lawyer Brian Greenspan says Justice Minister David Lametti made 4 authorized errors when ordering Nygard to face a trial south of the border for 9 offences he was charged with within the Southern District of New York.

These embody conspiracy to commit racketeering, transportation of a minor for objective of prostitution, and intercourse trafficking by power, fraud or coercion.

The attraction paperwork say if Nygard was convicted for comparable expenses in Canada he can be sentenced to 15-20 years, whereas within the U.S. he would doubtless face life in jail.

Nygard, 81, was arrested in Winnipeg on Dec. 14, 2020, on a provisional warrant which was issued on behalf of the U.S., and was initially detained at Headingley Correctional Centre, simply west of Winnipeg.

In October 2021, he was transferred to the Toronto South Detention Centre, after being charged in that metropolis, the place he’s nonetheless behind bars.

He faces 9 counts of sexual assault and three counts of forcible confinement in Toronto, associated to allegations from the late Nineteen Eighties and mid-2000s.

He additionally faces one rely of sexual assault and one rely of forcible confinement in Quebec on allegations that contain the identical individual and allegedly happened between November 1997 and November 1998.

Nygard is taken into account harmless till confirmed responsible. He has not been convicted of a felony offence in Canada or the U.S.

His defence legal professionals say one of the problems they wished addressed was the place Nygard would find yourself incarcerated after his extradition.

Nygard’s lawyer Brian Greenspan says it will be unjust to extradite his consumer with out getting assurances his rights can be protected. (CBC)

Nygard’s authorized crew requested Lametti to get the U.S. to agree that their consumer wouldn’t be locked up at Brooklyn’s Metropolitan Detention Heart — the identical facility the place financier and registered intercourse offender Jeffrey Epstein died in 2019.

“Incarceration of any inmate [in this facility], a lot much less an 80-year-old accused with a number of critical well being issues, creates an unacceptable threat to the protection and safety of a Canadian surrendered to a treaty accomplice,” Nygard’s legal professionals wrote to the justice minister.

“As such, detention would deprive him along with his proper to liberty and safety of the individual in accordance with elementary rules of justice,” wrote Greenspan and Seth P. Weinstein, one other lawyer at his agency, of their Nov. 22, 2021, submissions to Lametti, which have been included in final April’s attraction courtroom submitting.

Greenspan advised CBC it will be “inappropriate to debate the matter whereas the case is earlier than the courts.”

An attraction listening to has been scheduled in Winnipeg for April 26. Nygard won’t attend in individual.

His trial for the intercourse expenses he faces in Toronto is scheduled for Sept. 11, 2023. No date has been set for his Montreal trial.

Requests not unusual: extradition lawyer

British Columbia extradition lawyer Gary Botting — who is not concerned within the Nygard case — says it isn’t unusual for folks going through extradition to make requests for assurances, particularly in the case of the place the accused individual can be housed.

“A Canadian jail is far more predictable, significantly better than any of the services within the States,” Botting stated in an interview with CBC.

“I might say that his life might be at higher risk down there than it’s in Manitoba.”

Botting stated if the justice minister does not conform to hold Nygard out of the Metropolitan Detention Heart, the difficulty might find yourself in courtroom.

“Principally, courts up to now have stated that … [people accused] ought to get assurances that they will not be locked up in a selected jail in a selected state the place they’re being despatched,” he stated.

“So it isn’t past the attain of credibility that he would ask for assurances to not be housed in that specific facility.”

peter nygard appears in toronto bail hearing
A courtroom sketch reveals Peter Nygard throughout his look by way of video hyperlink at a Jan. 6, 2022, bail listening to in Toronto. His defence legal professionals say he suffers from a variety of well being circumstances, together with coronary coronary heart illness, Kind 2 diabetes, and allergic reactions to penicillin, polyester and cotton. (Pam Davies)

The November 2021 Nygard submissions say the octogenarian suffers from a variety of well being circumstances, together with coronary coronary heart illness necessitating a pacemaker, Kind 2 diabetes, power again ache, and dietary points with sugar and “white carbohydrates,” in addition to allergic reactions.

“Mr. Nygard is allergic to penicillin and had turn into allergic to the polyester/cotton clothes and bedding he had been supplied at Headingley,” the legal professionals wrote within the submission to Lametti.

“His allergic reactions are worsening, and he’s now on medicine which has precipitated vital swelling.”

No foundation to refuse extradition: justice minister

Lametti’s March 2022 response paperwork — which have been included within the attraction courtroom filings — say the federal government consulted with the U.S. Division of Justice, the U.S. Marshals Service and the U.S. Bureau of Prisons, and have been suggested Nygard’s medical wants can be adequately accommodated.

The justice minister stated he thought-about Nygard’s submissions, however determined it was not unjust or oppressive to give up him unconditionally to the U.S. as soon as his expenses in Canada have been handled.

David Lametti, Minister of Justice and Attorney General of Canada, and Cassidy Caron, President of the Métis National Council, announce funding to support Métis-led engagement for an Indigenous Justice Strategy during a press conference in Ottawa on Thurs. Jan. 12, 2023.
Justice Minister David Lametti determined it was not unjust or oppressive to give up Nygard unconditionally to the U.S., and wrote that ‘there isn’t any different foundation that may justify refusing Mr. Nygard’s unconditional give up’ on the U.S. expenses. (Sean Kilpatrick/Canadian Press)

“I’ve additionally decided that there isn’t any different foundation that may justify refusing Mr. Nygard’s unconditional give up on the offences for which his extradition is sought,” Lametti wrote in his March 22 resolution.

Nygard’s authorized crew wished Lametti to get assurances from U.S. authorities that Nygard’s give up can be restricted to the one cost of trafficking in individuals.

The unique authority to proceed — the Justice Division order which authorizes an extradition listening to — was issued on March 4, 2021, based mostly on that single cost of trafficking in individuals, which is a felony offence in each Canada and the U.S. It didn’t embody the eight different expenses Nygard is going through within the Southern District of New York.

As soon as the justice minister consented to the extradition, he agreed that Nygard would face all 9 expenses in New York.

Botting calls that the “bait and swap methodology,” which he says is frequent in Canadian extradition circumstances.

“It is such as you’re bought one invoice of products and [you] say, ‘OK, yeah, I can dwell with that.’ However then rapidly you will have an entire far more critical set of expenses,” he stated.

A smiling man poses for a studio photo.
Gary Botting is a felony defence lawyer in Vancouver who makes a speciality of extradition regulation. He says it isn’t unusual for folks going through extradition to make requests for assurances. (Gerald Ryder)

Botting stated teachers and legal professionals throughout the nation have been pressuring the courts to amend the Extradition Act in order that the justice minister cannot embody one cost on the authorization to proceed, then order an individual extradited to face extra.

Lametti’s response paperwork say Nygard “consented to his committal for extradition.”

The choose who heard the extradition listening to accepted that the conduct Nygard is accused of “establishes the Canadian offence of trafficking in individuals,” the justice minister wrote.

“The American authorities have decided that the identical conduct helps the 9 counts charged towards Mr. Nygard within the American indictment, together with the offence of racketeering conspiracy.”

Civil dedication issues

In contrast to in Canada, in the US, an accused individual could possibly be topic to what’s referred to as civil dedication proceedings, which might end in an individual being involuntarily and indefinitely locked up, even after serving their sentence. 

Nygard’s authorized crew wished the minister to make sure their consumer wouldn’t must face such a continuing, saying the opportunity of civil dedication raises two points:

  • The U.S. federal civil dedication course of permits for the opportunity of indefinite detention, even when somebody is acquitted of the felony cost for which they have been surrendered. That “would shock the Canadian conscience,” the legal professionals argue.
  • Civil dedication proceedings violate the worldwide authorized precept of specialty, which says a nation might not prosecute an extradited individual for an offence that was not listed within the order, they argue.

Lametti’s response says he’s “entitled to depend on the nice religion of the US that it’s going to honour its treaty obligations,” and has “no trigger to imagine” the U.S. would not honour these obligations.

Botting agrees with Nygard’s legal professionals that Lametti made a mistake when he uncared for to get assurances Nygard wouldn’t be topic to civil dedication.

“It’s normal to make requests for assurances, as a result of that is what the [Extradition] Act offers for,” stated Botting. “However the reality is, the minister nearly by no means offers assurances.

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