Systems that Protect Predators: How the Canadian Justice System Enabled Canada’s Most Prolific Accused Sex Trafficker
Timothy Sawa & Sean Moreman, BA, LLB, LLL | September 23 | 10:15-11:15 am
Topic: Legal, International | Knowledge Level: Intermediate
In 2011, Timothy Sawa, along with two other Canadian journalists, faced an undercover sting and unprecedented criminal charges after investigating a wealthy and powerful clothing magnet for sexual misconduct. Accused sex trafficker, Peter Nygard, used his wealth and a rarely used part of the Canadian criminal code to launch a private criminal prosecution against the journalists. If convicted, the journalists faced a possible five-year prison sentence for having published a libel knowing it to be false. As a result, the legal team, led by Sean Moreman, and journalists at Canadian Broadcasting Corporation spent the next decade fighting the charges in court. That legal fight consumed valuable time and resources that could otherwise have been used to continue the investigation into Peter Nygard. Peter Nygard’s abuse of these sections of the Canadian criminal code may have deterred victims from going forward and may have chilled other media from investigating and exposing his crimes, allowing him to continue as an accused sexual predator for another ten years. Some have argued this section of the criminal code should be abolished because of its potential for abuse, citing this case. This presentation will explore the legal and journalistic ramifications of Peter Nygard’s perversion of the Canadian justice system, effectively helping him avoid scrutiny for decades. Participants will learn about the relevant sections of the Canadian criminal code, how Peter Nygard’s abuse of those sections allowed him to continue as a sexual predator, and how the journalists eventually exposed him.
Presentation Objectives:
· Describe the decade-long journalistic investigation into Peter Nygard,
· Explain how Nygard successfully used the Canadian justice system to enable his sexual predation and how he was eventually stopped
· Describe criminal libel laws in Canada and their potential for abuse against journalists in an attempt to cover up criminal behavior.
· Discuss the role of the media in investigating and exposing wrongdoing in all its forms