Decision only feeds mistrust

Hey there, time traveller!
This article was published 06/12/2021 (1582 days ago), so information in it may no longer be current.

Following a 10-month investigation by the Winnipeg Police Service into allegations against fallen fashion mogul Peter Nygard and a review of the cases by Manitoba Justice, the CBC reported Thursday that the ministry will not charge Nygard.

Nygard faces six charges of sexual assault and three counts of unlawful imprisonment in Toronto, where he is currently in custody, and in New York faces multiple charges of sex trafficking. The allegations have not been proven in court. Nygard, who has denied all allegations, is presumed innocent until proven guilty.

Winnipeg police said their investigation involved working with 15 files, interviewing 29 witnesses, including survivors, and more than 1,600 documents. WPS submitted eight cases to Manitoba’s Justice ministry. Prosecutors decided not to lay charges in any of them. This is not the first time Nygard has escaped such repercussions — but we will come back to that.

After hearing that Nygard will not be charged in his hometown, some women responsible for the allegations against him told the CBC they were devastated by the news.

“To learn that the Toronto police and court system found six women in Toronto to be more credible and charge-worthy than the eight Winnipeg victims is a disgrace,” KC Allan told CBC’s “The Fifth Estate.”

A First Nations advocacy group, Manitoba Keewatinowi Okimakanak, is now calling for an inquiry into “systemic failures of the Manitoba Justice System related to the lack of action against Peter Nygard to ensure fair and equitable justice to victims and survivors of gender-based violence,” a news release on its website states.

Nygard’s alleged legacy of sexual crimes could have been prevented had Manitoba’s justice department “acted more swiftly” on previous charges, MKO Grand Chief Garrison Settee claimed in the release.

Nygard’s first known encounter with the law was in 1968, when he was charged with a sexual offence. The woman who accused him refused to testify in court, so the charges were dropped. Over the years, alleged victims would come forward with allegations against Nygard, only for them to later withdraw their accusations. Some of them have said Nygard offered them money to drop their claims — which would be a clear example of financial abuse and manipulation.

“The Fifth Estate” says the most recent decision to not lay charges “follows a pattern of Nygard avoiding prosecution following allegations of rape reported to Winnipeg police over several decades.”

This decision feeds the ongoing distrust many folks — especially women and Black, Indigenous and people of colour — have in the justice system. Although each allegation deserves a thorough investigation, it is not like this is the first time Nygard has been accused of such crimes. Considering he has been charged in other jurisdictions, the weight behind the allegations in Manitoba should be taken much more seriously.

The message this decision sends to victims and survivors of any crimes is not a good one. Women and BIPOC are already hesitant to come forward owing to their lack of faith in the justice system, which will only be reinforced by this decision.

It also reminds us that our justice system requires a robust makeover. In its news release, MKO calls for the immediate implementation of action 5.7 in the National Inquiry into Missing and Murdered Indigenous Women and Girls Final Report calls for justice, which includes installing Indigenous civilian police oversight with the power to “observe and oversee investigations of cases involving Indigenous Peoples.” A number of Nygard’s accusers are Indigenous women.

The justice ministry’s decision, and others like it, only serves to add to the reasons why too many cases involving Indigenous women go unresolved or ignored — leaving families asking questions that will forever go unanswered.

The province owes the women behind the allegations, and all Manitobans, a concrete explanation behind its decision to not lay charges against Nygard.