(Toronto) Former fashion mogul Peter Nygard, convicted of sexual assault, should be sentenced to six years in prison, his lawyer recommended Thursday, arguing that a longer sentence would be “devastating” for a man of his age and condition.
Me Gerri Wiebe also asked Toronto Superior Court Justice Robert Goldstein to give Nygard 1.5 days credit for each of the more than 1,000 days he has already spent in pretrial detention since his arrest in October 2021, which would leave him with just under two years to serve.
The sentence would be appropriate given his client’s age and health, the “difficult” conditions in which he has been detained so far, as well as mitigating factors such as his lack of a criminal record, Mr.e Wiebe in court. It would also allow him to remain in the provincial correctional system, she added.
Goldstein stressed Thursday that even if he imposed such a sentence, there would be no guarantee that Nygard would serve his time in the facility where he is currently being held — a pretrial detention facility where, the judge said, it is “very rare” that anyone would want to remain.
Me Wiebe still argued that the provincial system would be preferable to the federal system in this case, suggesting that federal penitentiaries lack support for older inmates. “At a minimum, there is an awareness of their needs (in the provincial system) that would not exist in the federal system,” she argued.
Nygard, 83, was convicted by a jury in November of four counts of sexual assault. He was acquitted of a fifth count of sexual assault and one count of forcible confinement. The charges stem from allegations dating from the 1980s to the mid-2000s.
Me Wiebe on Wednesday highlighted Nygard’s multiple health issues, including Type 2 diabetes, failing vision, claustrophobia and several allergies, and argued he had not received proper care while in custody. She also said her client had not undergone a full medical evaluation since his arrest.
The court heard that Nygard had a single room with a specialist bed and had access to special transport because of his claustrophobia.
The Crown is asking for 15 years
The prosecution had asked the judge on Wednesday for a 15-year prison sentence, minus the time Nygard has already spent in custody. The Crown, however, is asking the court to calculate this credit on a one-for-one basis, not 1.5.
Prosecutor Neville Golwalla suggested Thursday that Nygard had already played the medical needs card to delay the sentencing process. He noted that the defendant requested and was granted about eight months of adjournment after the verdict, in part to obtain medical records and evidence related to his health.
The sentencing hearing, which began Wednesday, has also been postponed several times due to Nygard’s difficulties obtaining and retaining a lawyer. His two previous lawyers asked to withdraw from the case in quick succession earlier this year.
Me Wiebe took over the portfolio after Megan Savard, who replaced Brian Greenspan in January, stepped down in June.
Nygard also faces charges in Quebec and Manitoba, and is awaiting extradition to the United States. He was first arrested in Winnipeg in 2020 under the Extradition Act after being charged with nine counts in New York, including sex trafficking and racketeering. His challenge to the extradition order was dismissed last May by Manitoba’s top court.
In his pleadings on Thursday, Mr.e Wiebe suggested the court could also give Nygard credit for time he spent in custody related to his extradition, even though it is not related to the case for which he was convicted in Toronto.
She argued that the court had the discretion to do so and that Nygard was unlikely to be given credit for that time in his U.S. case.
Nygard is scheduled to be sentenced in Toronto on August 2.