Nygard's legal team asked to get the U.S. to agree that their client would not be locked up at Brooklyn's Metropolitan Detention Centre — the same facility where financier and registered sex offender Jeffrey Epstein died in 2019.
"Incarceration of any inmate … [in the Metropolitan Detention Center,] much less an 80-year-old accused with multiple serious health concerns, creates an unacceptable risk to the safety and security of a Canadian surrendered to a treaty partner," Nygard's lawyers wrote to the justice minister.
"Basically, courts in the past have said that … [people accused] should get assurances that they won't be locked up in a specific prison in a specific state where they're being sent," he said. "Mr. Nygard is allergic to penicillin and had become allergic to the polyester/cotton clothing and bedding he had been provided at Headingley," the lawyers wrote in the submission to Lametti.
"I have also determined that there is no other basis that would justify refusing Mr. Nygard's unconditional surrender on the offences for which his extradition is sought," Lametti wrote in his March 22 decision. "It's like you're sold one bill of goods and [you] say, 'OK, yeah, I can live with that.' But then all of a sudden you have a whole much more serious set of charges," he said.
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