Rob Nicholson
Encyclopedia
Robert Douglas "Rob" Nicholson, PC, QC
, MP
(born April 29, 1952), is the Minister of Justice and Attorney General
of Canada
. He is a current member of the Canadian House of Commons
, representing the riding
of Niagara Falls
for the Conservative Party
and the current Minister of Justice
after serving for one year as Government House Leader. He replaced Vic Toews
as Justice Minister during a Cabinet shuffle on January 4, 2007. Peter Van Loan
replaced him as Government House Leader.
, Ontario
. He has a Bachelor of Arts
degree from Queen's University and a law degree from the University of Windsor
. He practised law before entering politics, and is a member of the Law Society of Upper Canada
.
as a Progressive Conservative
, easily defeating New Democrat
Richard Harrington and incumbent Liberal
Al MacBain
. He was re-elected by a narrower margin in the 1988 election
, defeating Liberal Gary Pillitteri
by fewer than 2,000 votes.
Nicholson served as parliamentary secretary
to the Leader of the Government in the House of Commons from 1989 to 1990, and as parliamentary secretary to the Attorney General from 1989 to 1993. On June 25, 1993, he was appointed Minister for Science and Minister responsible for Small Business in the short-lived government of Kim Campbell
.
He was defeated in the 1993 election
, finishing third against Pillitteri and Reformer
Mel Grunstein. He ran again in the 1997 election
, but again finished third.
Nicholson was elected as a trustee for the Niagara Catholic District School Board in 1994. He was elected to the Niagara Regional Council
later in 1997, and was re-elected in 2000, and 2003. He ran for Chairman of the Regional Municipality of Niagara in late 2003, but lost to St. Catharines Regional Councillor Peter Partington
.
The Progressive Conservatives merged with the Canadian Alliance
as the Conservative Party of Canada
in early 2004, and Nicholson joined the new party. He was narrowly returned to parliament in the 2004 election
, defeating Liberal Victor Pietrangelo by fewer than 1,000 votes.
Nicholson served as Shadow Transportation Critic from July 2004 to January 2005. He was appointed Chief Opposition Whip
on January 28, 2005. He had the unique distinction of being the only member of the Conservative Party Caucus during the 38th Parliament who previously served as a cabinet minister at the federal level, and with David Emerson
was one of only two Conservative MPs during the 39th Parliament who had previously done so (Garth Turner
, who served with Nicholson in the Campbell cabinet, was elected as a Conservative but was removed from caucus after less than a year).
He was re-elected in the 2006 election
and appointed to the Harper cabinet.
as an Independent Adviser. Iacobucci will conduct an independent review of documents related to the transfer of detainees by the Canadian Forces in Afghanistan.
This statement comes after Richard Colvin
spoke before a parliamentary committee stating that he warned for a full year that detainees Canadian troops handed over to Afghan forces faced torture before the government began to monitor them. “London, The Hague and Canberra [Australia] are deeply concerned about the absence of solid legal protections for detainees, which – in the age of Gitmo and Abu Ghraib – imperils domestic support for the Afghanistan mission,” said the memo of December 4, 2006, written by diplomat Richard Colvin."
Amir Attaran
also brought forward testimony in stark contrast to then Canadian Ambassador to Afghanistan David Sproule's. Afgan prisoners testified that after capture by Canadians, they were subsequently handed to the custody of the Afghan National Army
, claiming they were later been abused by the ANA.
commitment to tough on crime legislation. This commitment is based on anecdotal support at best. Statistics Canada Crime Statistics which tracks crime shows a continuous drop in all crimes including Violent crimes. Nicholson is quoted as saying “We’re not governing on the basis of the latest statistics... We’re governing on the basis of what’s right to better protect victims and law-abiding Canadians.” effectively dismissing factual evidence of crime rates. This government tact of moving forward on tough on crime legislation regardless of statistical evidence, is considered by some to be pandering to the core conservative voters rather than in the best interests of all Canadians.
Nicholson said the judiciary should not be in a position to circumvent sentences his government has devised in response to public displeasure with crime and criminals. He stated government sentencing guidelines are "reasonable and appropriate".
In contrast to the Ministers position the Canadian Bar Association
put forward a resolution requesting a review of mandatory minimum sentencing. The Ministers stance appears to be in direct conflict with Bar Association who have denounced his position as creating inaccessible courts and criminal justice measures that threaten to pack prisons. Crown Lawyer Dan MacRury from Nova Scotia highlighted the concerns of the Bar Association stating without more options judges are forced to incarcerate people such as the mentally ill when they may be better treated in community-based health settings. Others have pointed out the mandatory minimum sentences could have negative unintended consequences for offenders, for victims and for society at large. It creates a perverse incentives for the Crown to reduce charges to avoid inappropriate mandatory minimums, or for juries to acquit the guilty, in effect the ultimate safety valve outside of the governments control.
On August 15, 2011, Nicholson that most provisions of Bill C–2 the Fair and Efficient Criminal Trials Act have come into force. This new legislation will help ensure that so–called "mega-trials," large and complex cases involving illegal activities such as drug trafficking, white–collar crime, terrorism, organized crime or gang–related activity, can be heard more swiftly and effectively. The speed with which this bill has been passed has been criticized by some as a knee jerk reaction by the Minister following the dismissal of proceedings against 31 alleged members of the Hell’s Angels motorcycle gang in Quebec when the judge ruled the trial would take too long.
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Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, MP
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
(born April 29, 1952), is the Minister of Justice and Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. He is a current member of the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
, representing the riding
Electoral district (Canada)
An electoral district in Canada, also known as a constituency or a riding, is a geographical constituency upon which Canada's representative democracy is based...
of Niagara Falls
Niagara Falls (electoral district)
Niagara Falls is a federal electoral district in Ontario, Canada, that has been represented in the Canadian House of Commons since 1953.It consists of the city of Niagara Falls and the towns of Niagara-on-the-Lake and Fort Erie....
for the Conservative Party
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
and the current Minister of Justice
Minister of Justice (Canada)
The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada .This cabinet position is usually reserved for someone with formal legal training...
after serving for one year as Government House Leader. He replaced Vic Toews
Vic Toews
Victor "Vic" Toews, PC QC MP is a Canadian politician. He has represented Provencher in the Canadian House of Commons since 2000, and currently serves in the cabinet of Prime Minister Stephen Harper as Minister of Public Safety. He previously served in the Legislative Assembly of Manitoba from...
as Justice Minister during a Cabinet shuffle on January 4, 2007. Peter Van Loan
Peter Van Loan
Peter Van Loan, PC MP is a Canadian politician who is the Member of Parliament for the electoral district of York—Simcoe. He has been the Leader of the Government in the House of Commons since May 18, 2011, a role he previously held from 2007 to 2008.-Biography:Born in Niagara Falls, Ontario, Van...
replaced him as Government House Leader.
Early life
Nicholson was born in Niagara FallsNiagara Falls, Ontario
Niagara Falls is a Canadian city on the Niagara River in the Golden Horseshoe region of Southern Ontario. The municipality was incorporated on June 12, 1903...
, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
. He has a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree from Queen's University and a law degree from the University of Windsor
University of Windsor
The University of Windsor is a public comprehensive and research university in Windsor, Ontario, Canada. It is Canada's southernmost university. It has a student population of approximately 15,000 full-time and part-time undergraduate students and over 1000 graduate students...
. He practised law before entering politics, and is a member of the Law Society of Upper Canada
Law Society of Upper Canada
The Law Society of Upper Canada is responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario, Canada. Founded in 1797, it is known in French as "Le Barreau du Haut-Canada"...
.
Political career
He was first elected to parliament in the federal election of 1984Canadian federal election, 1984
The Canadian federal election of 1984 was held on September 4 of that year to elect members of the Canadian House of Commons of the 33rd Parliament of Canada...
as a Progressive Conservative
Progressive Conservative Party of Canada
The Progressive Conservative Party of Canada was a Canadian political party with a centre-right stance on economic issues and, after the 1970s, a centrist stance on social issues....
, easily defeating New Democrat
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
Richard Harrington and incumbent Liberal
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
Al MacBain
Al MacBain
Arthur Allister MacBain was a Liberal party member of the Canadian House of Commons. He was born in New Glasgow, Nova Scotia and became a barrister by career after graduating from Dalhousie University....
. He was re-elected by a narrower margin in the 1988 election
Canadian federal election, 1988
The Canadian federal election of 1988 was held November 21, 1988, to elect members of the Canadian House of Commons of the 34th Parliament of Canada. It was an election largely fought on a single issue: the Canada-U.S. Free Trade Agreement ....
, defeating Liberal Gary Pillitteri
Gary Pillitteri
Gary Orazio Vincenzo Pillitteri was a member of the Canadian House of Commons from 1993 to 2004. By career, he is a farmer and businessman. Currently, he is the founder and president of Pillitteri Estates Winery in Niagara-on-the-Lake.Pillitteri is a member of the Liberal party who first bid for...
by fewer than 2,000 votes.
Nicholson served as parliamentary secretary
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
to the Leader of the Government in the House of Commons from 1989 to 1990, and as parliamentary secretary to the Attorney General from 1989 to 1993. On June 25, 1993, he was appointed Minister for Science and Minister responsible for Small Business in the short-lived government of Kim Campbell
Kim Campbell
Avril Phædra Douglas "Kim" Campbell, is a Canadian politician, lawyer, university professor, diplomat, and writer. She served as the 19th Prime Minister of Canada, serving from June 25, 1993, to November 4, 1993...
.
He was defeated in the 1993 election
Canadian federal election, 1993
The Canadian federal election of 1993 was held on October 25 of that year to elect members to the Canadian House of Commons of the 35th Parliament of Canada. Fourteen parties competed for the 295 seats in the House at that time...
, finishing third against Pillitteri and Reformer
Reform Party of Canada
The Reform Party of Canada was a Canadian federal political party that existed from 1987 to 2000. It was originally founded as a Western Canada-based protest party, but attempted to expand eastward in the 1990s. It viewed itself as a populist party....
Mel Grunstein. He ran again in the 1997 election
Canadian federal election, 1997
The Canadian federal election of 1997 was held on June 2, 1997, to elect members of the Canadian House of Commons of the 36th Parliament of Canada. Prime Minister Jean Chrétien's Liberal Party of Canada won a second majority government...
, but again finished third.
Nicholson was elected as a trustee for the Niagara Catholic District School Board in 1994. He was elected to the Niagara Regional Council
Niagara Regional Council
The Niagara Regional Council is the governing body of the Regional Municipality of Niagara in Ontario, Canada.The council consists of a Regional Chair, the Mayors of all twelve Niagara Regional municipalities, and eighteen additional regional councillors elected to represent the various...
later in 1997, and was re-elected in 2000, and 2003. He ran for Chairman of the Regional Municipality of Niagara in late 2003, but lost to St. Catharines Regional Councillor Peter Partington
Peter Partington
Peter Partington is a politician in Niagara, Ontario, Canada. He served in the Legislative Assembly of Ontario from 1985 to 1987, as a member of the Progressive Conservative Party. Partington is the former chair of the Niagara Regional Municipality.Partington was born in St. Catharines, Ontario...
.
The Progressive Conservatives merged with the Canadian Alliance
Canadian Alliance
The Canadian Alliance , formally the Canadian Reform Conservative Alliance , was a Canadian conservative political party that existed from 2000 to 2003. The party was the successor to the Reform Party of Canada and inherited its position as the Official Opposition in the House of Commons and held...
as the Conservative Party of Canada
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
in early 2004, and Nicholson joined the new party. He was narrowly returned to parliament in the 2004 election
Canadian federal election, 2004
The Canadian federal election, 2004 , was held on June 28, 2004 to elect members of the Canadian House of Commons of the 38th Parliament of Canada. The Liberal government of Prime Minister Paul Martin lost its majority, but was able to form a minority government after the elections...
, defeating Liberal Victor Pietrangelo by fewer than 1,000 votes.
Nicholson served as Shadow Transportation Critic from July 2004 to January 2005. He was appointed Chief Opposition Whip
Whip (politics)
A whip is an official in a political party whose primary purpose is to ensure party discipline in a legislature. Whips are a party's "enforcers", who typically offer inducements and threaten punishments for party members to ensure that they vote according to the official party policy...
on January 28, 2005. He had the unique distinction of being the only member of the Conservative Party Caucus during the 38th Parliament who previously served as a cabinet minister at the federal level, and with David Emerson
David Emerson
David Lee Emerson, PC, OBC is a Canadian politician, businessman and civil servant.Emerson is a former Member of Parliament for the riding of Vancouver Kingsway. He was first elected as a Liberal and served as Minister of Industry under Prime Minister Paul Martin...
was one of only two Conservative MPs during the 39th Parliament who had previously done so (Garth Turner
Garth Turner
John Garth Turner, PC is a Canadian business journalist, best-selling author, entrepreneur, broadcaster, financial advisor and politician, twice elected as a Member of the House of Commons, former Minister of National Revenue and leadership candidate for the Progressive Conservative Party of Canada...
, who served with Nicholson in the Campbell cabinet, was elected as a Conservative but was removed from caucus after less than a year).
He was re-elected in the 2006 election
Canadian federal election, 2006
The 2006 Canadian federal election was held on January 23, 2006, to elect members of the Canadian House of Commons of the 39th Parliament of Canada. The Conservative Party of Canada won the greatest number of seats: 40.3% of seats, or 124 out of 308, up from 99 seats in 2004, and 36.3% of votes:...
and appointed to the Harper cabinet.
Ministerial career
Nicholson was appointed as Minister of Justice and Attorney General of Canada.Canadian Afghan detainee issue
On March 13, 2000, Nicholson released the terms of reference for the appointment of Frank IacobucciFrank Iacobucci
Frank Iacobucci, CC was a Puisne Justice on the Supreme Court of Canada from 1991 to 2004 when he retired from the bench. He is an expert in business and tax law.-Early career:...
as an Independent Adviser. Iacobucci will conduct an independent review of documents related to the transfer of detainees by the Canadian Forces in Afghanistan.
This statement comes after Richard Colvin
Richard Colvin
Richard Beale Colvin was a British Conservative Party politician.In 1890 he served a year as High Sheriff of Essex and was then elected as Member of Parliament for Epping at an unopposed by-election in 1917, after Epping's Conservative MP Amelius Lockwood was ennobled as Baron Lambourne...
spoke before a parliamentary committee stating that he warned for a full year that detainees Canadian troops handed over to Afghan forces faced torture before the government began to monitor them. “London, The Hague and Canberra [Australia] are deeply concerned about the absence of solid legal protections for detainees, which – in the age of Gitmo and Abu Ghraib – imperils domestic support for the Afghanistan mission,” said the memo of December 4, 2006, written by diplomat Richard Colvin."
Amir Attaran
Amir Attaran
Amir Attaran is a Canadian lawyer, immunologist, and law professor.Currently, Attaran is Associate Professor of Law and Population Health and the holder of the Canada Research Chair in Law, Population Health and Global Development Policy at the University of Ottawa.-Early life and education:Attaran...
also brought forward testimony in stark contrast to then Canadian Ambassador to Afghanistan David Sproule's. Afgan prisoners testified that after capture by Canadians, they were subsequently handed to the custody of the Afghan National Army
Afghan National Army
The Afghan National Army is a service branch of the military of Afghanistan, which is currently trained by the coalition forces to ultimately take the role in land-based military operations in Afghanistan. , the Afghan National Army is divided into seven regional Corps. The strength of the Afghan...
, claiming they were later been abused by the ANA.
Crime
Nicholson demonstrated the Conservative Party of CanadaConservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
commitment to tough on crime legislation. This commitment is based on anecdotal support at best. Statistics Canada Crime Statistics which tracks crime shows a continuous drop in all crimes including Violent crimes. Nicholson is quoted as saying “We’re not governing on the basis of the latest statistics... We’re governing on the basis of what’s right to better protect victims and law-abiding Canadians.” effectively dismissing factual evidence of crime rates. This government tact of moving forward on tough on crime legislation regardless of statistical evidence, is considered by some to be pandering to the core conservative voters rather than in the best interests of all Canadians.
Nicholson said the judiciary should not be in a position to circumvent sentences his government has devised in response to public displeasure with crime and criminals. He stated government sentencing guidelines are "reasonable and appropriate".
In contrast to the Ministers position the Canadian Bar Association
Canadian Bar Association
The Canadian Bar Association represents over 37,000 lawyers, judges, notaries, law teachers, and law students from across Canada.-History:The Association's first Annual Meeting was held in Montreal in 1896. However, the CBA has been in continuous existence in its present form since 1914...
put forward a resolution requesting a review of mandatory minimum sentencing. The Ministers stance appears to be in direct conflict with Bar Association who have denounced his position as creating inaccessible courts and criminal justice measures that threaten to pack prisons. Crown Lawyer Dan MacRury from Nova Scotia highlighted the concerns of the Bar Association stating without more options judges are forced to incarcerate people such as the mentally ill when they may be better treated in community-based health settings. Others have pointed out the mandatory minimum sentences could have negative unintended consequences for offenders, for victims and for society at large. It creates a perverse incentives for the Crown to reduce charges to avoid inappropriate mandatory minimums, or for juries to acquit the guilty, in effect the ultimate safety valve outside of the governments control.
On August 15, 2011, Nicholson that most provisions of Bill C–2 the Fair and Efficient Criminal Trials Act have come into force. This new legislation will help ensure that so–called "mega-trials," large and complex cases involving illegal activities such as drug trafficking, white–collar crime, terrorism, organized crime or gang–related activity, can be heard more swiftly and effectively. The speed with which this bill has been passed has been criticized by some as a knee jerk reaction by the Minister following the dismissal of proceedings against 31 alleged members of the Hell’s Angels motorcycle gang in Quebec when the judge ruled the trial would take too long.
External links
- Rob Nicholson official site
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