Prosecutors want Peter Nygard sentenced to 15 years for 'predatory' Toronto sexual assaults

Prosecutors want Peter Nygard to serve 15 years in prison after the disgraced fashion mogul was found guilty of four counts of sexual assault last fall, for incidents where they say he "lured" victims to the headquarters of his now-defunct clothing company in Toronto before attacking them.

Court heard Nygard walked those young women — and in one case, a 16-year-old girl — through the building "under the pretense of a tour that led to the bedroom suite," where he sexually assaulted them, Crown attorney Neville Golwalla said Wednesday during the first day of a two-day sentencing hearing in Toronto.

"This is not an isolated incident but rather can only be properly characterized as a pattern of behaviour where Mr. Nygard used his wealth, his privilege, his resources and his reputation in [the] fashion business and industry to his advantage," Golwalla said.

"This pattern should be understood for what it is: simply put, predatory."

Found guilty by a jury on Nov 12, Nygard's sentencing was delayed in part because Nygard's two previous defence lawyers, Brian Greenspan and Megan Savard, withdrew from the case earlier this year. Last week, Nygard lost a bid to have the hearing pushed back again.

During Wednesday's hearing, the 83-year-old appeared in court before Toronto Superior Court Justice Robert Goldstein and sat next to his current lawyer, Winnipeg-based Gerri Wiebe.

He wore a black Canada Goose parka with a hood over his head, his face largely obscured by paper shields that court heard he wears around his glasses because of an eye condition that makes him sensitive to light.

Golwalla said the Crown's recommendation is the result of suggested consecutive sentences of five years for three of the sexual assaults, and four years for another that didn't go as far as the others because Nygard was interrupted by an intercom message announcing his next appointment.

It also takes into account factors including that Nygard is now an octogenarian with significant health and legal challenges ahead of him, which Golwalla said knocked the Crown's recommendation down from 19 years by four years, while still reflecting the gravity of the "planned and deliberate" offences and "what can only be understood as the high degree of moral culpability" of the offender.

Nygard, who once led a multimillion-dollar clothing empire, was found guilty on four counts of sexual assault. He was acquitted of a fifth count, as well as a charge of forcible confinement.

The charges relate to incidents dating from the 1980s until the mid-2000s, and involve three women who were in their 20s in addition to the one who was 16 at the time.

Woman says attack 'tainted' her life

One of the women Nygard assaulted told court in a victim-impact statement the attack "tainted" her life "in a debilitating way" and that she feared for her safety for years until Nygard was incarcerated.

All but one of the survivors provided statements detailing how the attacks derailed their lives and led to years of effects including panic attacks, anxiety, depression, insomnia and trust issues.

Another woman, who read her statement virtually, said writing the statement itself was difficult because it meant acknowledging "the damage this incident has done to me, to my life, to my relationships, to my career, to my mental health, and let's be honest — to the future for the rest of my life." 

 "What a difference a night makes," she said, at one point breaking into tears as she talked about considering suicide. "An ambitious and optimistic young woman had been transformed into someone who ultimately would question whether her own life should be stamped out."

That woman's mother wrote that she lived for 35 years with the "pain and guilt" of her daughter's attack, which she shared with no one — not even her husband, and not the police, because "in those days the little woman never stood a chance."

A third woman whose statement was read by Crown prosecutor Ana Serban described Nygard as a "monster" who caused "endless" damages to her life. She said though she wondered at times during the trial whether she would make it through, she would not "let Mr. Nygard take my dignity as well."

Prison sentence would be 'crushing': defence

Defence lawyer Wiebe said a sentence as long as 15 years for someone of Nygard's age would "most certainly be crushing." 

Wiebe also raised concerns about the quality of medical care Nygard has received while in custody for his long list of health concerns, including glaucoma, Type 2 diabetes, incontinence, dizziness, mobility issues, claustrophobia, chronic pain and allergies to the bedsheets and clothing he's been provided.

She said Nygard is now largely confined to his bed and at times has trouble getting to the bathroom and has to use diapers. She also noted he has no prior criminal record and received a number of character reference letters from friends as part of his sentencing.

Wiebe's submissions are expected to continue Thursday. She's previously said the defence plans to argue for a sentence of less than two years going forward to keep Nygard in the provincial jail system.

Prosecutors in the Toronto case are also seeking a 10-year weapons prohibition, that he should provide a sample of DNA for the national police database as well as an order putting Nygard on the sexual offender registry for life, Golwalla said.

Manitoba trial on sexual assault charges delayed

Nygard is also facing charges in Manitoba, Quebec and the United States.

His Manitoba trial on sexual assault-related charges has been delayed in part due to Greenspan's resignation as his defence lawyer in that case, as well as the Toronto one.

Nygard also faces one count of sexual assault and one count of forcible confinement in Quebec.

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.

Manitoba's highest court in May dismissed Nygard's application for a judicial review of his extradition order, finding there was no reason to interfere with the order issued by then-federal justice minister David Lametti.

None of the criminal charges against Nygard in Quebec, Manitoba or the U.S. have been tested in court, and he has denied all allegations against him.