Commissioner had ‘no jurisdiction over Justice Toews’: Tapper

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This article was published 22/04/2017 (3332 days ago), so information in it may no longer be current.

The lawyer representing Court of Queen’s Bench Judge Vic Toews has challenged the conclusions of a federal ethics commissioner, saying they were contrary to the facts presented to her.

Robert Tapper also accuses commissioner Mary Dawson of acting unethically herself because she directed witnesses not to speak to Toews or his legal counsel.

In an interview Saturday, Tapper further argued that Dawson’s office had “absolutely no jurisdiction over Justice Toews,” since he was no longer a Parliamentarian when she conducted her probe.

On Friday, Dawson released an explosive report that found Toews, a former senior federal cabinet minister, had violated the Conflict of Interest Act in providing consulting services to two Manitoba First Nations after he stepped down from federal politics in July 2013. The damning report has led some to conclude that Toews could face professional sanctions from a tribunal that oversees the conduct of senior judges.

However, Toews’ lawyer said the evidence presented to Dawson, in fact, shows that his client did no wrong.

“The problem is that her conclusions are diametrically opposed to the information that was given to her,” Tapper said.

Reading from evidence provided to Dawson (although not contained in her report), Tapper said that Norway House Cree Nation Chief Ron Evans testified that Toews had explained to him what he could or could not do for him under federal rules.

Tapper said Evans told Dawson’s staff that Toews had defined the limitations as files the former cabinet minister had been working on with the First Nation in the past.

Said Evans to Dawson (according to Tapper): “We understood at the time, but we weren’t asking him to do anything other than just give us some advice on how we could move forward. Basically, that’s all it was.”

Dawson also ruled that Toews had violated federal legislation in advising Peguis First Nation, through its lawyer Jeffrey Rath, about its interest in the former Kapyong Barracks property. Toews had been Manitoba’s senior federal cabinet minister during much of the time that several First Nations, including Peguis, challenged federal plans to transfer a portion of the Canadian Forces Base to the Canada Lands Co.

Dawson interviewed Rath about Toews’ involvement. Again, Tapper claimed, her conclusion did not fit with the evidence.

In an email to Toews, which Tapper forwarded to the commissioner before she filed her report, Rath said: “This will confirm that while you (Toews) were engaged in providing strategic advice to our office on various matters, at no time were you requested to contact the government of Canada, nor did you contact the government of Canada on behalf of our office or any of our clients.”

Rath added: “…at no time were you (Toews) requested to provide any assistance with any federal aspect of any work we were conducting.”

Tapper said according to Rath’s evidence there were no personal dealings with Toews on Kapyong. And even though he was senior cabinet minister in Manitoba during the Kapyong debate, “that doesn’t make him involved in those things.”

“She (Dawson) didn’t have a single person tell her that he (Toews) was involved in Kapyong. The only evidence she had was that he was not,” Tapper said.

He said Toews advised Peguis about its development plans, in partnership with the Manitoba Jockey Club, at Assiniboia Downs.

Tapper said Dawson admitted to him during the investigation that she directed witnesses not to speak to himself or Toews.

“You can’t hide a witness and tell them not to speak to an opposing counsel. That’s a grotesque violation of legal ethics,” he said.

Meanwhile, Tapper said he does not believe that Toews will face any sanctions by the Canadian Judicial Council.

He said there were no allegations against Toews at the time he applied to become a judge.

“Things that gave rise to this investigation by Mary Dawson erupted while he was a judge,” Tapper said.

larry.kusch@freepress.mb.ca