Legal Groups Urge Manitoba NDP to Restore Ousted Backbencher

Then-NDP finance critic Mark Wasyliw speaks during question period in the Manitoba legislature on April 7, 2021. The Canadian Press/Kevin King - Pool

Law associations across the country are criticizing the Manitoba NDP’s decision to remove from caucus a backbencher linked to the lawyer defending convicted sex offender Peter Nygard.

Legal organizations at both the national and provincial levels are urging Premier Wab Kinew to reconsider his decision to expel Mark Wasyliw from caucus. They are also demanding an apology for the rationale provided by the NDP for Wasyliw’s expulsion.

Wasyliw, a practising criminal defence lawyer, was removed from caucus at the beginning of the week after the party learned that the Fort Garry MLA works at the law firm representing Nygard.

Caucus chair Mike Moyes announced the decision Sept. 16.

“Wasyliw’s failure to demonstrate good judgement does not align with our caucus principles of mutual respect and trust,” Moyes said in a statement. “As such MLA Wasyliw can no longer continue his role in our caucus.”

Kinew commented on the decision during a recent press conference.

“You can be affiliated with our government team, the people making political decisions in Manitoba, or you can be affiliated with Peter Nygard,” the premier said. “But you can’t do both.”

Nygard, the founder of a Canadian fashion empire, received an 11-year prison sentence earlier this month for the sexual assault of four women at the headquarters of his company in Toronto. The 83-year-old also faces charges in Manitoba, Quebec, and the United States.

Legal Groups Voice Concern

The province’s decision to remove Wasyliw from caucus for working at Gindin Wiebe Segal Law prompted firm partner Gerri Wiebe to speak out.

“As a criminal defence lawyer, feeling like a truly respected member of the legal profession meant so much to me,” Wiebe said in a Sept. 19 social media post. “Mike Moyes took that from me on Monday. I can’t tell you how many messages of support (and outrage) I have received in the last few days. You all have made me realize that while I may never achieve legitimacy in the eyes of the government, I have in the eyes of everyone who matters.”

The decision has also elicited outrage from several legal organizations both in Manitoba and nationally.

The Criminal Lawyers’ Association (CLA), a Canada-wide organization, said it condemns the Manitoba NDP’s decision to expel Wasilyw, “along with their assertion that defence lawyers or those who associate with defence lawyers are unfit to be in their caucus.”

“The stance taken by the Manitoba NDP is incompatible with the rule of law, incompatible with the presumption of innocence and incompatible with the Canadian Charter of Rights,” the group said in a Sept. 18 statement on X.

A Manitoba Bar Association press release said the group is “deeply concerned” about the government’s decision, saying it could impact the public’s perception of defence attorneys. Women in Canadian Criminal Defence (WiCCD) also spoke out in a statement posted on social media, calling the government’s move “reckless and irresponsible.”

The Calgary Criminal Defence Lawyers Association is calling for Kinew to both reinstate Wasyliw and apologize.

Caucus Vote

Moyes was asked at a Sept. 19 press conference if he would apologize, as the law associations have called for.

“This is not about the law profession as a whole,” he said.

At the same press conference, Billie Cross, legislative member for Seine River, together with cabinet minister Ian Bushie and member for River Heights Mike Moroz, expressed their collective support for the decision to dismiss Wasyliw.

“I was part of the decision to remove Mr. Wasyliw from caucus, and I wholeheartedly stand behind that decision,” said Bushie.

Moroz told reporters he was part of a weekend caucus meeting where they had a “full and vigorous” conversation on the matter.

Wasyliw took to social media Sept. 20 to respond to the comments made at the press conference.

“The Manitoba NDP claims that the entire caucus met prior to my ouster and had reached consensus,” he wrote. “When asked how many people were at the meeting they refused to answer the question. It clearly wasn’t the entire caucus. If everyone is in agreement—why not vote on it and declare unanimous vote. They didn’t do that because there wasn’t consensus.”

Wasyliw previously came under fire from the Opposition Progressive Conservatives for continuing to work as a lawyer while serving in the legislature. Kinew objected to Wasyliw’s decision, saying elected officials should focus on serving the public.

The Canadian Press contributed to this report.