Peter Nygard appeals his extradition to the United States, for lack of guarantees

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Peter Nygard appeals his extradition to the United States, for lack of guarantees

A drawing of Peter Nygard during a videoconference appearance in Toronto in 2022.

Peter Nygard asks the Manitoba Court of Appeal to overturn the order of Canada's Minister of Justice to extradite him to the United States once his Canadian trial is complete.

In court documents filed last April, the Toronto lawyer for former fashion mogul Brian Greenspan claims that Justice Minister David Lametti committed four legal errors in ordering Mr. Nygard to stand trial south of the border.

Peter Nygard is charged with sexual assault in the United States. The District Attorney's Office for the Southern District of New York announced that nine counts have been filed against him, including racketeering and sex trafficking.

According to court documents On appeal, if Peter Nygard were convicted on similar charges in Canada, he would face 15 to 20 years in prison, while in the United States he could face life in prison. He remains innocent until proven guilty, and none of the charges have been proven in court.

Peter Nygard, now 81, was arrested in Winnipeg on December 14, 2020, on an interim warrant issued on behalf of the United States.

He has was held at the Headingley Correctional Center, located just west of Winnipeg, before being transferred, in October 2021, to a detention center in Toronto.

In the Queen City, he will have to defend himself against six counts of sexual assault and three counts of forcible confinement related to allegations dating from the late 1980s and mid-2000s.

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Peter Nygard also faces one count of sexual assault and one count of forcible confinement in Quebec for allegations involving the same person and which allegedly took place between November 1997 and November 1998.

Mr. Nygard's team asked David Lametti to ensure that the United States agreed that their client would not be imprisoned in a cell at the Metropolitan Correctional Center in Brooklyn, the same facility where the x27;businessman and alleged sexual predator Jeffrey Epstein died in 2019.

The incarceration of any inmate [at this facility], and even more x27;an 80-year-old defendant with multiple serious medical conditions creates an unacceptable risk to the safety of a Canadian handed over to a partner, lawyers for Peter Nygard wrote to the Justice Minister.

As such, detention would deprive him of his right to liberty and security, consistent with fundamental principles of justice, wrote Brian Greenspan and Seth P. Weinstein in their November 22, 2021 submissions to David Lametti, which were included in the filing for the Court of Appeal last April.

Asked to comment on the case, Brian Greenspan says it would be inappropriate to discuss the matter, while the case is before the courts.

His trial on the sex charges he faces in Toronto is scheduled for September 11. No date has been set for his trial in Montreal.

British Columbia extradition lawyer Gary Botting, unconnected to Peter Nygard's case, says it's not uncommon for people who are the subject of a request for extradition require guarantees, especially regarding where they will be held.

A Canadian prison is much more predictable, much better than any which establishment in the United States. I would say that his life is probably more threatened there than in Manitoba, he underlines in an interview with CBC/Radio-Canada.

Gary Botting believes that if the Attorney General does not grant Peter Nygard's request that he avoid the Metropolitan Correctional Center in Brooklyn, the issue could end up in front of the courts.

In his decision to accept the extradition of Peter Nygard to the United States, the Minister of Justice, David Lametti, said he had considered the arguments of Mr. Nygard, but decided that it was not unfair or burdensome to unconditionally surrender him to the United States once the charges against him in Canada had been dealt with.

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I have also determined that there are no other grounds which would justify the denial of the unconditional surrender of Mr. Nygard for the offenses for which his extradition is requested, Mr. Lametti wrote in his March 22, 2022 decision.

With information from Caroline Barghout and Joanne Leva ss

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