Lawyers for Peter Nygard make case for quashing extradition order

Lawyers for former fashion mogul Peter Nygard made their case in the Manitoba Court of Appeal Wednesday for quashing an order made by Canada's justice minister to surrender the former fashion executive to the U.S. to face criminal charges.

Nygard was not in court, but his Toronto-based lawyer Brian Greenspan appeared on his behalf. 

At a Winnipeg hearing before a panel of three appeal court judges, Greenspan said when his client agreed to be extradited to the U.S., he asked Canada's justice minister to provide assurances that he wouldn't be sent to the Metropolitan Detention Centre in New York, which reportedly has poor conditions.

Nygard is turning 82 this year and there are concerns for his health and safety, Greenspan told the court. 

Nygard also wants assurances that he wouldn't be subject to civil commitment, which is similar to Canada's long-term and dangerous offender designation. 

Another issue is Nygard's racketeering charge. 

Greenspan told the court that when his client consented to be extradited to the U.S., he agreed to face one charge — trafficking in persons. But when Canada's justice minister ordered his surrender, he agreed that Nygard would face all nine charges listed in the U.S. indictment. 

Greenspan argued there is no comparable criminal charge to racketeering in Canadian law, therefore Nygard shouldn't be surrendered to be prosecuted in the U.S. for that offence. 

One of the appeal court judges, Chris Manilla, questioned whether that would make Canada a safe haven for organized crime if Canada can't extradite people accused of racketeering. 

Minister took concerns into account: lawyers

Lawyers for the federal minister of justice told the court that the minister considered all of Nygard's concerns before making a decision and concluded that it would not be unjust to surrender him without assurances.

The Manitoba Court of Appeal judges reserved their decision. It's not known when they will release it. 

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

In October 2021, he was transferred to the Toronto South Detention Centre after being charged in that city, where he is still behind bars.

He faces nine counts of sexual assault and three counts of forcible confinement in Toronto related to allegations from the late 1980s and mid-2000s. 

He also faces one count of sexual assault and one count of forcible confinement in Quebec on allegations that involve the same person and allegedly took place between November 1997 and November 1998.

Nygard is considered innocent until proven guilty. He has not been convicted of a criminal offence in Canada or the U.S., and can't be extradited to the U.S. until his Canadian charges have made their way through the court system.