TORONTO — Former fashion tycoon Peter Nygard should receive a six-year sentence for his sexual assault convictions, his lawyer told a Toronto court Thursday, arguing a lengthier sentence would be "crushing" for a man of his age and condition.
Defence lawyer Gerri Wiebe asked the court to give Nygard 1.5 days of credit for each of the more than 1,000 days he has already spent in custody since his arrest on the charges in October 2021, which would leave him with just under two years left to serve.
That sentence would be appropriate given her client's age and medical condition, the "harsh" conditions in which he has been detained so far, as well as mitigating factors such as his lack of a criminal record, Wiebe told the court. It would also allow him to remain in the provincial correctional system, she added.
Superior Court Justice Robert Goldstein pointed out that even if he handed out such a sentence, there would be no guarantee Nygard could serve his time at the institution where he is currently being held — a remand facility where the judge said it's "very rare" anyone wants to stay.
Even so, Wiebe said, the provincial system would be preferable to the federal one in this case, suggesting the federal system lacks support for elderly inmates.
"At minimum there’s a familiarity with his needs (in the provincial system) that would not be there in the federal system,” she said.
Nygard, 83, was found guilty last November of four counts of sexual assault, but he was found not guilty of a fifth count as well as one of forcible confinement.
The charges stem from allegations dating from the 1980s until the mid-2000s.
On Wednesday, Wiebe had highlighted Nygard's multiple health challenges, which include Type 2 diabetes, deteriorating vision, claustrophobia and several allergies, and argued he has not received proper care while in detention. She said her client has not undergone a comprehensive medical assessment since his arrest.
Court has heard Nygard has a private room with a specialized bed and has access to special transportation to accommodate his claustrophobia.
Prosecutors have said they are seeking a sentence of 15 years, minus credit for the time Nygard has already spent in custody. The Crown is asking the court to calculate that credit on a one-to-one basis, rather than 1.5.
Crown prosecutor Neville Golwalla suggested Thursday that Nygard has been "leaning into his medical needs" in order to delay the sentencing process.
He noted Nygard sought and received roughly eight months of adjournments after the verdict, partly so that he could obtain medical records and evidence related to his health.
The sentencing hearing that began Wednesday was also pushed back on a few occasions due to Nygard's difficulties in obtaining and retaining legal counsel. His two previous defence lawyers asked to withdraw from the case in quick succession earlier this year.
Wiebe took over the case after Megan Savard withdrew in June. Savard had stepped in after Brian Greenspan asked to be taken off the case in January.
Nygard also faces charges in two other provinces and is awaiting extradition to the United States.
He was first arrested in Winnipeg in 2020 under the Extradition Act after he was charged with nine counts in New York, including sex trafficking and racketeering charges.
His challenge of the extradition order was rejected by Manitoba's highest court in May.
In her sentencing submissions Thursday, Wiebe suggested the court could also grant Nygard credit for the time he has spent in custody related to his extradition, even though it is not related to the case he is being sentenced for.
She argued the court has the discretion to do so, and that it's unlikely Nygard will be credited for that time in his U.S. case.
Nygard is set to be sentenced on Aug. 2.
This report by The Canadian Press was first published July 25, 2024.
Paola Loriggio, The Canadian Press
