NS File No: CR 20-01-38356 IN THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT, AFFIDAVIT OF STEVE MAGER Affirmed before me this 4 day of “SAnoare 2021 Prober Law Offices Gindin, Wolson, Simmonds, Roitenberg 100-387 Broadway 1200-363 Broadway Winnipeg, Manitoba ‘Winnipeg, Manitoba R3C OVS R3C 3N9 JAY PROBER RICHARD J. WOLSON, Q.C. Ph: (204) 957-1205 Ph; (204) 985-8181 Fax: (204) 943-6199 JAN Fax: (204) 985-8190IN THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. AFFIDAVIT OF STEVE MAGER I, STEVE MAGER, of the City of Winnipeg, in the Province of Manitoba, MAKE OATH AND SAY: 1. THAT Iam 43 years of age. 2. THAT [have been married for 20 years and have 2 kids ages 12 and 4.THAT Lam a lifelong Winnipeg resident and grew up in Elmwood. THAT I have a grade 12 from Elmwood Highschool and a degree in Construction Management from Red River College. THAT Ihave a criminal record consisting of 2 convictions for possession of a controlled substance (cocaine) for the purpose of trafficking. My last conviction was 10 years ago in 2010 for which I received a 5 year prison sentence. I have no conviction for fraud or perjury. THAT I am prepared to be a surety for Peter Nygard if he’s released on bail. THAT I started working for the Nygard Companies in 2017 doing construction and eventually became Director of Construction. THAT I met Peter Nygard playing poker and he gave me a second chance knowing my background,THAT I met Cheryl Doyle a year ago while we were both working for Peter Nygard. I spent a lot of time with her this past summer at Falcon Lake, She was happy and enjoyed being at Falcon, She was always free to come and go as she pleased. She had the keys to the cabin, the house, and the vehicles. She also spoke to her family everyday. THAT I own 2 properties. One is my home, and the other is a rental property. T have about $300,000.00 equity in both, The rental property is in my name alone. However, the home is in both my wife’s name and my name. I have discussed my being a surety for Peter Nygard and she is agreeable, THAT I was with Peter Nygard almost everyday since February, 2020 until his arrest, both in Winnipeg and at Falcon Lake. Unfortunately, I watched his health decline during that time. He grew weaker, his energy level declined, and he aged considerably. THAT during that same 10 months he never gave any indication whatsoever that he wanted to leave the jurisdiction. In my opinion he is not at all a flight tisk.13. THAT I make this affidavit bona fide in good faith and for use in the Court of Queen’s Bench of Manitoba. AFFIRMED before me in the City of ) Winnipeg, in the Province of Manitoba, this 4 day of Sua. 2021. doy ) A / Steve Mager A Commissioner for oatfs in and for the Province of Manitoba. My commission expires: May 19, 2022File No: CR 20-01-38356 IN THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE XTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. AFFIDAVIT OF DAVID LU Affirmed before me this {day of gna, 2021 Gindin, Wolson, Simmonds. Roitenberg 100-387 Broadway 1200-363 Brondway Winnipeg, Manitoba Winnipeg, Manitoba R3C OVS R3C 3N9 Prober Law Offices JAY PROBER RICHARD J. WOLSON, Q.C. Ph; (204) 985-8181 Ph: (204) 957-1205 (204) 985-8190 Fax; (204) 943-6199IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. AFFIDAVIT OF DAVID LU I, DAVID LU of the City of Winnipeg, in the Province of Manitoba, MAKE OATH AND SAY: l. THAT 1 am 39 years of age. 2. THAT I was born in Canada, grew up in Winnipeg in the Maples and have a grade 12 from Elmwood Highschool.THAT I am married and have 3 children ages 19, 9 and I THAT my wife and daughter worked in sales at the Nygard Companies and have only nice things to say about him, THAT I have worked for Peter Nygard for 4 years dealing in his poker tournaments and events and regular poker games both in Winnipeg and Falcon Lake. THAT | got to know Chery! Doyle over the last one and a half years. I saw her mostly during poker games when she was in Winnipeg and at Falcon Lake. She tended the bar and looked after the guests, The poker events and games were in no way occasions to attract women or party, It was strictly for poker Cheryl was always cheerful and happy and greeted everyone with a big hug. THAT when Cheryl was not in Winnipeg or at Falcon Lake, she was usually visiting her family in Los Angeles. I recall that she went to LA about 2-3 times over the year and a half that I knew her. One time she actually sent us all fudge from LA.8, THAT I make this affidavit bona fide in good faith and for use in the Court of Queen’s Bench of Manitoba. AFFIRMED before me in the City of Winnipeg, in the Province of Manitoba, ) ) this! day of Sanger, 2021. ) Ff Bx A Commissioner for oaths in and for the Province of Manitoba. mn expires: May 19, 2022ae) File No: CR 20-01-38356 THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. AFFIDAVIT OF ROBERT MACKENZIE Affirmed before me this 4 day of _\anu an » 2021 Prober Law Offices Gindin, Wolson, Simmonds, Roitenberg 100-387 Broadway 1200-363 Broadway Winnipeg, Manitoba Winnipeg, Manitoba RSC OVS R3C 3N9 JAY PROBER RICHARD J. WOLSON, Q.C. Ph; (204) 957-1205 Ph: (204) 985-8181 Fax: (204) 943.6199 Fax: (204) 985-8190WINNIPEG C! IN THE COURT OF QUEEN’S BENCH IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 1811), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD, BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. AFFIDAVIT OF ROBERT MACKENZIE I, ROBERT MACKENZIE, of the City of Winnipeg, in the Province of Manitoba, MAKE OATH AND SAY: dy THAT I am an investigator with the Manitoba Lotteries Commission and have worked there for the last 20 years,a THAT I am 42 years of age, and have two children ages 18 and 21 and ama lifelong Winnipeg resident, I completed my grade 12 at Elmwood high school. THAT I first met Peter Nygard and Cheryl Doyle in the spring of 2020 in Falcon Lake. THAT I was at Peter Nygard’s place in Falcon Lake to provide help concerning technical issues with respect to the internet and data services. THAT while I was there on my initial visit (a weekend) I was able to resolve a number of technical issues. When we discussed payment, I told Peter that my being able to stay at Falcon Lake was payment enough, THAT I spent most of the summer at Peter's place at Falcon Lake including a 2 week stay. THAT the whole time I was there the atmosphere was friendly and sociable, all the guests were treated well and respectfully. THAT Cheryl Doyle, Peter’s personal assistant, spoke very highly of him and told me on numerous occasions how much she loved living at Falcon Lake.She once told me her life was like that of a Disney Princess. She was in constant contact with her family and spoke with her sister daily. Cheryl had access to the vehicle and would come and go as pleased. She also had male companions visit and stay the weekend, 9. THAT Peter remained at Falcon Lake and in Winnipeg all spring, all summer, and all fall despite the fact that he was aware of the investigations going on in the USA and Canada, He never once indicated to me that he intended to leave or move away. As an investigator, based on what I observed, I do not consider him to bea flight risk. 10. THAT I make this affidavit bona fide in good faith and for use in the Court of Queen’s Bench of Manitoba. AFFIRMED/SWORN before me in the City of Winnipeg, in the Province of ) Manitoba, this Sane } lanitoba, this ‘{ day of 2021. \ — \ MA “Robert Mackenzie the Province of Manitoba My Commission expires: May 19, 2022y File No: CR 20-01-38356 IN THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD ‘APPLICANT, AFFIDAVIT OF SHANNA-RAE LEE Affirmed before me this 4" day of January, 2021 Prober Law Offices Gindin, Wolson, Simmonds, Roitenberg 100-387 Broadway 1200-363 Broadway ‘Winnipeg, Manitoba Winnipeg, Manitoba R3C OVS R3C 3N9 JAY PROBER RICHARD J. WOLSON, Q.C. Ph: (204) 957-1205 Ph: (204) 985-8181 Fax: (204) 943-6199 Fax: (204) 985-8190IN THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. AFFIDAVIT OF SHANNA-RAE LEE I, SHANNA-RAE LEE, in the City of Winnipeg, in the Province of Manitoba, MAKE OATH AND SAY: 1, THAT Lam Jay Prober’s legal assistant and as such have personal knowledge of the matters hereinafter deposed to by me except where same are stated to be based upon information and belief.2. THAT I am aware that Peter Nygard is presently facing extradition proceedings to the USA and is applying for judicial interim release. 3. THAT I am aware that Peter Nygard is presently incarcerated in Headingley Correctional Centre, 4. THAT I am advised and do verily believe that Jay Prober read Peter Nygard his Affidavit on Saturday January 2, 2021 and again on Sunday January 3, 2021. He confirmed that all information contained in the affidavit was accurate and truthful, 5. THAT I make this affidavit bona fide. AFFIRMED before me in the City of Winnipeg, in the Province of Manitoba, this day of pune”, 2021 Shanna-Rae Lee busite Drown A Commissioner for Oaths in and for the province of Manitoba My commission expires: ()¢7 a4. [0-4File No: CR 20-01-38356 IN THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. AFFIDAVIT OF PETER NYGARD. Affirmed before me this day of » 2021 Prober Law Offices Gindin, Wolson, Simmonds, Roitenberg 100-387 Broadway 1200-363 Broadway Winnipeg, Manitoba Winnipeg, Manitoba R3C OVS R3C 3N9 JAY PROBER RICHARD J. WOLSON, Q.C. Ph: (204) 957-1205 Ph: (204) 985-8181 Fax: (204) 943-6199. Fax: (204) 985-8190IN THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE. OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. AFFIDAVIT OF PETER NYGARD I, PETER NYGARD of the City of Winnipeg, in the Province of Manitoba, MAKE OATH AND SAY: 1. THAT Lam 79 years of age. 2. THAT I am a Canadian citizen and have always used a Canadian passport.THAT my educational and business background is set out in Exhibit “A” of Greg Fenske’s affidavit. THAT since I have been at the WRC and Headingley for the last 3 weeks, despite the best efforts of the staff at both places, my health has seriously deteriorated, I am getting weaker everyday. I have lost weight; have difficulty breathing (it’s getting worse); have suffered dizziness and fainting spells as well as numbness in my hands and toes. Unfortunately, I am not getting the nourishment necessary to keep me safe and healthy. I can only digest about 20% of the food served. THAT I recently had eye surgery for glaucoma. The doctor ordered that I receive daily eye drops for aftercare. I have not received them in the past 7 days which could contribute to my going blind. THAT a partial history of some of my medical issues is set out in a summary I prepared that is attached as Exhibit “A” to this affidavit. THAT I am not a flight risk. Despite the fact that I was well aware of the ongoing investigation by the US authorities which I understand began in 2019,T remained in Canada continuously from February, 2020 to the date of my arrest on December 14, 2020. THAT I made no effort whatsoever to leave Canada although I certainly could have. In fact, I even allowed my passport to expire in September, 2020 and did not renew it. THAT 1 instructed my counsel Jay Prober and Richard Wolson to contact the WPS and advise them I would turn myself in if and when I was requested to do so. THAT I am advised that Richard Wolson contacted the WPS on July 8, 2020 and advised them we would come in when they wanted us to. I am further advised that Jay Prober contacted Sgt. Gary Mather on September 9, 2020 at 11:40 a.m. as a follow up and indicated that I would attend voluntarily and turn myself in when requested to do so. I am advised that Prober was told by the officer that if anything were to change, they would get a hold of him or Richard to bring me in.13: THAT I have always been ready and willing to turn myself into the police. THAT I do not have my plane any longer and haven't for a few years. THAT I did not appear in the Bahamas on some civil matters because 2 doctors advised me not to fly. Furthermore, my Bahamian counsel advised me that the warrants were illegal. At the present time I have been informed through my Bahamian counsel that one of the warrants has been quashed and that the other has been stayed by the Court of Appeal along with the 90 day jail sentence, THAT I have never discussed or even considered travelling under an alias. THAT If I am released I would rigorously follow all bail conditions imposed by the court including 24 hour monitoring by a GPS ankle bracelet and 24 hour house arrest except for medical and legal appointments. THAT I make this affidavit bona fide in good faith and for use in the Court of Queen’s Bench of Manitoba.AFFIRMED before me in the City of ) Winnipeg, in the Province of Manitoba, this day of , 2021, ) ) Peter NygardTas is ovtat BL referro to in the ais ot Lele sworn bofore meat —— ‘his__day ot, ADSummary of Medical History 1 Conditions * COVID-19 pandemic Remand Center (RC) working best they can under condition RED 2 Mandated by law to: Do isolation Wear masks Minimal Contact 30 min out of cell for shower &/or phone calls Washing hands end clean up everything 3 Communications (COM) breakdown ‘+ The security responsibility is practiced & executed flawlessly to everyone without exception 4 What is NOT able to provide is a safe healthy environment during COID-19 conditions 5 The RC officers are over worked in trying to execute all the extra chores now in place to combat COVID-19 6 They do not have time for special health needs for the vulnerable (79 year old with chronic health issues) 7 In my desperate cry for help to save my life, the only advice RC can give is that it is out of their (RC) hands & the only avenue left for me is my lawyer & the judge to send to a safe home isolation8 Medical History In my all out effort to save my Mom's life [2007-2008] | was fortunate to attend a conference by Ray Kurzweil on singularity (considered to be the Albert Einstein of medicine) 9 From the conference | was recommend a “precise” medical from Dr. Comite — one of the top anti-aging’ Dr. in the world 10 At 69 years she found me in bad medical condition - regarding my heart, my joints, and diabetes. among other things. | was fat — 30Ibs overweight & addicted to Sugar (Mom & Dad were bakers) " Dr. Comite's Medical Diagnosis Aller extensive detailed analysis - consisting of over 4hrs of testing all part of my body including over 200 blood analysis samples, her prescription was entirely different than any before 12 Her order for my cure & for ongoing prevention included pharmaceuticals & supplements & exercise & correct diet — over 50 items 13 ‘She said the body gets addicted to everything that will kilt" and that | must break my addiction to sugar immediately, 14 Which | did ~ | stopped white suaar & white carbs 10 vears ago ~ that is the main reason why | am stil alive today. 16 Next 3 years (2010-11-12) remarkable results (as shown on photograph) - all starts with food & exercise — the first line written 8 years ago now is basic medical fact No sugar ~ no white carbs — no re-saturated oils ~ no preservatives — no citric drinksPeter Nygard Reverse Aging Paradigm Sugar ~ now by every medical fact is equally dangerous as cigarettes Sugar is poison and needs to be banned from our core public food ‘supply 17 Diabetes is a pandemic — main contributor is sugar 18 Sugar Allergy After 10 years of curing my sugar addiction that has not turned into a sugar alleray | am going through same symptoms as was case with my penicillin allergy — mistakenly last time in Drs office | got a penicillin shot & in minutes started to choke & passed out - (the Dr apparently shot me with a ‘neutralizer’ & saved my life) 19 Unfortunately, the RC food is about 70% sugar & 90% sugar & white carbs 20 All Sugar breakfast Mon-Tue-Wed After eating Wed Dec16 breakfast — all Sugar AM meal| became violently sick ~ same feeling as with the penicillin allergy attack 21 The reaction was: © Short of breath ‘+ Heart pounding in my chest + Immense pressure in my head * Iwas dizzy — feeling faint + believe | threw up — or was about to + I know for certain | had to immediately go on the toilet and it came out like water * Shivering 22 After 2 days | saw RC Dr. & asked for: 1. Sugar free diet - but system is not able to provide Concern about heart attack / high blood pressure Concern about back & shoulder & knee pain — night aching Concern about bed ~ | have to sleep 45 degrees in order to breath at night Concern about not being able to sleep geen 23 Concerns about NOT being able to sleep Since the RC DR. visit: In the necessity of trying eat something (to stay alive) when | ate the Pear (we get 3 pears & 2 apples a week for fruit) and it went right through me. 24 | no longer could eat the pear as to only fruit | can eat besides the apple is berries (especially blueberries) RC ~ is not able to provide fruit (RC - vegetable ~ apx 5%) 25 After the 2% night after of the food going right through me —| cut back more sugar & the little | have | need to always take a neutralizer such as strong coffee (Which is only available 5 days a wk- sometimes with hot water) - or even salt water 26 The low level of nourishment — with no vitamins- no fruit/vegetables- no sleep is draining my body of its ability to fight of the COVID27 Prime Candidate for a COVID death with my difficulty in breathing should | get COVID — I for certain will die from it (age 79 with may chronic medical concerns) 28 | was moved to Headingly Jail: - and then it got worse Al the progress that had occurred at RC - was now lost and everything had to be done all over again with the dangerous timing problems 20 ‘Since Photo (point 15 above) - many new serious medical breakdowns occurred treated by dozens of expert Drs in their field world wide + Joints Breakdown © Back ~ after 2 steroid shots Dr. Peter Weiling of Germany injected Cytokin from my blood — this worked for 3 yrs but need booster shots © Shoulders — | tore ligaments off my shoulder cup — after 2 operations in NY no success Cytokin shots must be applied every mths - Shoulder in pain - cannot lift my arm over my head or behind my back ~ | cannot wash myself © Knees - cartilage is gone — bone to bone- constant pain - CBD treatment helps. to reduce the inflammation — cannot keep knees bent for more than 2 minutes. 30 | became a student of stem cells and my international travel consisted of travel with medical scientists and Drs who were experts in the field of stem cell research 31 | become involved with the next level of medicine — stem cells ~ the body curing itself 32 | spent the next Syrs totally immersed in this discovery (to have your own body cure itself). 1 took stem cell (MSC) shots 4x yr in China and Panama. 33 | met with many heads of state to establish their country as a base for medical tourism based on stem cells; countries such as Panama, St. Kitts, Barbados, Mexico, China-Macau, Thailand and India34 All trips had 4 to 12 people ranging from Medical Scientists to fashion executives. 35 The trips stopped in 2018 - as did medical stem cell solutions — | got a serious set back not from High Blood pressure by from very low blood pressure — 70 over 40- which was treated un NY Presbyterian hospital 36 Since | had moved to WPG | needed a WPG doctor ~ Dr. Havey Lee since my condition continued to deteriorate 37 | reported — dizziness — feeling faint - especially in airplanes — about not able to breath especially at night waking up gasping for air 38 Went to St. Boniface emergency After all tests my condition continued 39 ‘Temporary relief was achieved by daily 3hr health care protocol Most important was food intake occurring every hrs — only organic heavy with uncooked vegetables especially spinach Fruits was only berries — especially blue berries No sugar — no white carbs — no trans fats - vegetable juices ~ no citric drinks 40 Essential was to sleep 45 degrees & wear a mouth guard to keep throat open and eliminate back pain a1 Daily knees to toes massage & stretching important to keep blood flowing to toes & prevent muscle cramps & stop numbness 42 Almost all of the maintenance care has now been lost ~ the Covid regulations are in effect & everything slows down43 Breathing very difficult — feeling dizzy; afraid of fainting Cannot get warm ~ shivering Numbness back on fingers & toes Muscle cramps Cannot sleep Teeth are inflamed