No discipline for Manitoba judge Vic Toews on allegations he broke federal conflict rules

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This article was published 30/11/2017 (2879 days ago), so information in it may no longer be current.

Manitoba Court of Queen’s Bench Justice Vic Toews will face no professional repercussions after a finding by the federal ethics commissioner that he violated conflict of interest rules before becoming a judge.

The Canadian Judicial Council has closed the file on two complaints it received against Toews last spring, after a damning report by conflict of interest and ethics commissioner Mary Dawson. She found Toews, a former federal cabinet minister, had violated the Conflict of Interest Act when he received money for services from two Manitoba First Nations not long after leaving office in July 2013.

While the council did not directly dispute Dawson’s findings, it said they were “subject to interpretation.”

The council said, in one of the instances of alleged conflict of interest, the ethics commissioner, in her report, “did not discuss the severity of the conduct, and did not take into consideration any factors that may have aggravated or mitigated the conduct.” In the other instance, the council noted, Toews contacted the ethics commissioner’s office to seek advice “but with limited success.”

The complaints against Toews were reviewed by Christopher Hinkson, chief justice of the Supreme Court of British Columbia and vice-chairman of the council’s judicial conduct committee. His findings were relayed to the two complainants — who have not been named — in the form of a letter from the council’s executive director, Norman Sabourin, a copy of which was released Thursday.

“The issue before the council is not whether the findings of the (ethics) commissioner are in doubt, but whether there is any information that would lead a reasonable and well-informed person to conclude that Mr. Toews engaged in conduct that would now make him, as a judge, unable to discharge the duties of his office in a manner that sustains public confidence,” Sabourin wrote.

“…Chief Justice Hinkson is of the view that this matter does not warrant further consideration by the Canadian Judicial Council pursuant to its mandate under the Judges Act.”

Sabourin told the complainants that in advising the law firm hired by Peguis First Nation (in its bid to obtain Kapyong Barracks lands in Winnipeg), there was “no indication that Mr. Toews acted in bad faith or knowingly disregarded the (Conflict of Interest) Act.”

“Presumably, he might have benefited from making further and more precise enquires with the commissioner’s office on post-employment restrictions. Unfortunately, there remain many grey areas when it comes to post-employment rules (for members of Parliament), as Justice Toews pointed out in testimony to the (ethics) commissioner,” Sabourin wrote.

Toews was appointed to the Court of Queen’s bench in Winnipeg in 2014. He has continued to sit on the bench since Dawson issued her report in April.

Toews’ lawyer, Robert Tapper, said Thursday his client would not comment on the decision.

“He’s vindicated, and I’m happy for Justice Toews,” Tapper told the Free Press.

Toews had challenged Dawson’s ruling in the Federal Court of Appeal, but he withdrew his application weeks ago to expedite the judicial council process. The council had put its investigation into Toews’ conduct in abeyance during the court challenge, which could have taken up to a year.

Hinkson had three options in examining the complaints. He could have closed the matter, as he did, close the matter while expressing concern and a suggestion for remedial action, or send it to a review panel for further study. If a review panel were to conclude the complaint might be serious enough to warrant the judge’s removal from the bench, it could have recommended an inquiry committee hear the matter.

Glenn Joyal, chief justice of the Manitoba Court of Queen’s Bench, could not be reached for comment Thursday.

larry.kusch@freepress.mb.ca