Law organizations call for Manitoba NDP to reinstate turfed backbencher

WINNIPEG — Law groups across Canada are denouncing the Manitoba NDP’s ouster of a backbencher over his ties to the lawyer representing convicted sex offender Peter Nygard, while more caucus members are speaking out in support of the move.

National and provincial legal organizations are calling on Premier Wab Kinew to reverse the decision to boot Mark Wasyliw from caucus and are demanding an apology over the NDP’s rationale for turfing him.

On Monday, caucus chair Mike Moyes announced Wasyliw had been removed after caucus learned of the legislature member for Fort Garry’s business relationship with Nygard’s defence lawyer.

Moyes said in the statement that Wasyliw, who has been working as a defence lawyer while serving in the legislature, failed to demonstrate good judgment.

Women in Canadian Criminal Defence, a national advocacy organization, posted on social media Thursday that it is the NDP caucus that has failed to demonstrate good judgment.

“The caucus failed to appreciate the fundamental principle of democracy that every person charged with a criminal offence is entitled to full and robust representation in court,” the group said in a statement.

It said it condemns the “reckless and irresponsible rationalization” expressed by caucus.

“Their words have undermined democracy, undermined the justice system and undermined their own credibility.”

On Wednesday, the Calgary Criminal Defence Lawyers Association called for Kinew to reinstate Wasyliw and offer an apology.

“As leader of a party that claims to fight for equality, Kinew should support people who take on that fight every day in our criminal courts,” the statement read.

“Wab Kinew made a mistake. He can rectify it by apologizing and reinstating Mark Wasyliw immediately.”

The Criminal Lawyers’ Association, a Canada-wide legal organization, said the right to counsel is enshrined in the Constitution.

“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.”

Caucus members, meanwhile, reiterated concerns revealed Wednesday over Wasyliw’s treatment of colleagues.

“What happened with Mark isn’t about him just being a business owner and being a lawyer. It goes much deeper,” Billie Cross, legislative member for Seine River, told reporters Thursday.

“I’ve witnessed him abuse members of our leadership team, and I use the word abuse because when you raise your voice to someone who’s a colleague, that is abuse.”

Cross said no workplace harassment complaints were filed against Wasyliw, with caucus choosing to try and resolve matters internally.

Wasyliw has admitted to to having conflict with Moyes and Kinew but denied being verbally abusive to other legislature members. He has said Kinew is a toxic and dysfunctional leader.

Cross, along with cabinet minister Ian Bushie and member for River Heights Mike Moroz, stood united in the decision to dismiss Wasyliw at a news conference on a separate matter.

“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 caucus meeting on Sunday where they had a “full and vigorous” conversation on the matter.

At the same press conference, Moyes was asked if he would apologize, as the law associations have demanded.

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

Wasyliw said in a statement posted on social media Thursday that has always put his job at the legislature first.

“With MLAs schedules of working in the evenings and weekends, it is possible to do more than one thing.”

This report by The Canadian Press was first published Sept. 19, 2024.

Brittany Hobson, The Canadian Press