WINNIPEG -- Lawyers for a group of local, national, and international media outlets, including CTV News Winnipeg, have won a bid to broadcast a court hearing in the extradition case against former fashion executive Peter Nygard.
Court of Queen’s Bench Chief Justice Glenn Joyal ruled during a virtual court hearing the media can live-stream a Jul. 9 hearing at which time arguments will be heard over whether the media can broadcast Nygard’s actual November extradition hearing.
“In my view, this is a case where important enhancements are achievable in terms of the open court principle and what the public has a right to expect from its court system,” Joyal told lawyers Wednesday. “I’m also of the view that there are compelling educative reasons for the public to have access to the hearing in July.”
He told the court it could be beneficial for the public to hear arguments on the open court principle and why more trials and hearings aren’t broadcast.
“That to me is a distinct educative function for the July 9th hearing,” Joyal told the court.
Nygard remains in custody in Headingley Correctional Centre. He was arrested in Winnipeg in December 2020 and is facing extradition to the U.S. on nine counts including sex trafficking and racketeering. None of the charges have been proven in court, and Nygard is presumed innocent. Nygard’s lawyers have denied the charges.
The Attorney of General of Canada opposed the media’s application to live-stream the Jul. 9 court case. Lawyer Sean Sass expressed concern over the sensitive details of the case.
“We’re going to be talking about the content of the offences that are at play and the facts that underlie those offences that pertain to the extradition,” Sass told Joyal. “So we’re talking about matters that are related to sexual allegations and potential crimes.”
“They need to show, how is this going to assist in the administration of justice, how does this enhance the public interest.”
Nygard’s lawyers took no position on the Jul. 9 hearing.
Fred Kozak, a lawyer for the media consortium, told Joyal the application to live-stream the proceedings is intended to enhance the education, openness, and understanding of the judicial system.
“In our submission, a restriction on the media’s ability to meaningfully convey information to the public about the July 9th proceeding is an infringement of free expression,” Kozak told the court. “It’s important to keep in mind the very limited context of the application to live-stream the July 9th hearing. There will only be essentially legal argument about the extent or the public’s 2(b) (Charter) rights and the openness of Manitoba courts.”
Joyal told the court work will be done over the coming months on a protocol for the media to follow to live stream the Jul. 9 motion, which will include adherence to public health restrictions and guidelines.
Nygard’s actual extradition hearing is scheduled to take place over four days starting on Nov. 15.