Vic Toews
Encyclopedia
Victor "Vic" Toews, PC
QC
MP
(icon; born September 10, 1952) 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 1995 to 1999, and was a senior cabinet minister in the government of Gary Filmon
. Toews is a member of the Conservative Party of Canada
.
with their two eldest children to Paraguay in 1952, where Toews was born in Filadelfia, Paraguay
. Victor's father served on a missions assignment as a teacher and minister. The family returned to Canada in 1956. He speaks German
(his mother tongue), Spanish
and English
. He holds a Bachelor of Arts
degree in History
from the University of Winnipeg
(1973), and a Bachelor of Laws
degree from the University of Manitoba
(1976). He joined the provincial Ministry of Justice
in 1976 and became a Crown attorney
the following year. He was promoted to Director of Constitutional Law for Manitoba in 1987, and advised the Manitoba government on the Meech Lake Accord
. He was appointed a Queen's Counsel
in 1991.
Toews became a lecturer at the University of Manitoba in 1987, and taught classes in labour law and employment law. He left the civil service in 1991 to become an associate counsel for Great-West Life Assurance, and was given a leave of absence in 1995 to enter politics.
Toews spoke against a decision by Ontario
's New Democratic Party government to prohibit protests outside abortion clinics in 1994. He described the decision as "almost unbelievable" and argued that the government was "challenging ... a constitutionally held right" in a manner "consistent with their social agenda".
in 1989, and ran for the party in the northeast Winnipeg division of Elmwood in the 1990 provincial election
. He placed second against incumbent Member of the Legislative Assembly
(MLA) Jim Maloway
. He ran again in the 1995 election
, and narrowly defeated NDP incumbent Harry Schellenberg
in nearby division of Rossmere.
Gary Filmon
after the election, becoming Minister of Labour on May 9, 1995. In his debut speech to the legislature, he said that his political philosophy was partly influenced by leaders of Canada's social democratic movement, as well as his own Mennonite upbringing.
Toews's tenure as Labour Minister was marked by a difficult relationship with organized labour. His first major legislative initiative was Bill 26 (1996), which required unions to disclose the salaries of their officials and indicate how membership dues were spent, mandated union certification votes to take place within seven days of an application, and granted employees the right to prevent their dues from being donated to political parties. Several labour leaders described the bill as anti-union. NDP leader Gary Doer
argued that the provision regarding donations unfairly targeted his party, and suggested that corporate shareholders should be given the same right to shield their investments from party donations. Toews rejected these criticisms, and argued that Bill 26 provided greater autonomy to individual workers.
Toews's department proposed the privatization of home-care delivery services in 1996, drawing opposition from many in the field and triggering an extended strike. He was also forced to deal with strikes at Boeing
, Inco, and the Manitoba Lotteries Corporation
, leading one journalist to describe 1996 as "the busiest year for picketing since the 1919 Winnipeg General Strike". Toews blamed unions for provoking the strikes, saying they were conducted "for political, not economic, reasons."
Toews canceled the provincial Payment of Wages Fund in July 1996, argued that it was not achieving its purpose. The stated intention of the fund was to allow workers to collect revenues from employers who entered bankruptcy or receivership.
Toews also introduced legislation to make parents legally responsible for the crimes of their children. Members of the opposition New Democratic Party argued that the plan would be ineffective, citing past experiments in the United States of America as evidence.
Toews criticized some criminal justice initiatives brought forward by the federal government of Jean Chrétien
. In 1997, he announced that Manitoba would not enforce or administer the Canadian gun registry
. Two years later, he described changes to the federal Young Offenders Act
as both ineffective and too expensive. Toews nonetheless cooperated with the federal government on several issues. In March 1998, he stood with federal cabinet minister Lloyd Axworthy
to announce a plan discouraging court sentences for non-violent aboriginal offenders. Toews said that the proposal was "sensitive to the needs of the aboriginal community", and that it would reduce the number of repeat offenders.
Toews's relationship with the judiciary was sometimes difficult. In May 1998, he asked a judicial appointment committee to add two names to a list of proposed judges. Some argued that this was improper interference, while Toews stated that he acted to ensure the appointment of more bilingual judges. In 1999, he delivered a speech to the Alberta Summit on Justice that criticized judges for intervening in political matters. He was quoted as saying that judges, unlike parliamentarians, "are not well-placed to understand and represent the social, economic and political values of the public". Some attendees criticized his speech, and a representative of the Legal Aid Society of Alberta described it as "inflammatory and sensational". Toews stated on another occasion that judges have a relatively light workload. Chief Provincial Justice Judith Webster
described this as "misleading and inaccurate".
During a legislative debate in June 1999, Toews accused NDP Justice Critic Gord Mackintosh of mischief for repeatedly calling the province's Street Peace gang hotline only to hang up before leaving a message. Calls to the hotline were meant to be confidential and anonymous, but Toews later acknowledged that calls from government buildings had been tracked and that he received Mackintosh's name from an employee in his department. Premier Filmon described Toews's conduct in the matter as inappropriate. During the fallout from this controversy, Toews was forced to admit that the hotline had gone unanswered for several months.
During Toews tenure as Minister of Public Safety, Mark Holland the Liberal Opposition critic stated that the CBSA should be subject to independent oversight, something that Minister Toews has not advocated or sought to legislate. Minister Toews did not comment for the story when requested by the media or the family of the alleged victim. This was highlighted in the case of a young woman alleging sexual abuse, that her family felt was not properly investigated. Mark Holland stated, “It's like a black hole that people fall through all the time,” he said the case highlights the need for greater transparency and independence in CBSA's complaints process.
decision granting spousal benefits to same-sex couples.
and Toews was personally defeated in Rossmere, losing to Harry Schellenberg by 294 votes. Redistribution had added a number of NDP-leaning polls to the division, which likely contributed to Schellenberg's victory. Toews returned to work with Great-West Life Assurance in 1999 and 2000.
and the centre-right Progressive Conservative Party of Canada
, although he did not endorse the United Alternative initiative when it was first announced in 1999. He expressed interest in working with the Canadian Alliance
, a successor to the Reform Party that sought to build support among Blue Tory
Progressive Conservatives. Toews endorsed Tom Long's bid for the Alliance leadership in June 2000, and approved of Brian Pallister
's efforts to bring the Progressive Conservatives into cooperation with the new party.
Toews formally joined the Alliance in the buildup to the 2000 federal election, and defeated four other candidates to win the party's nomination in Provencher
, a rural riding in southeastern Manitoba. He then defeated Liberal Party
incumbent David Iftody
in the general election. The Liberals won a national majority government
, and Toews was appointed as Justice Critic in the opposition shadow cabinet
.
The Canadian Alliance was weakened by internal divisions in mid-2001, with several MPs calling on party leader Stockwell Day
to resign. Toews did not take a strong position for or against Day's leadership, but issued a call for party discipline pending a formal review. When Day resigned, Toews worked on Grant Hill
's unsuccessful campaign to become the new party leader.
In 2003, Toews recommended that Alliance members purchase Progressive Conservative membership cards to support the leadership bid of Jim Prentice
. He denied this constituted interference, and said that members of the two parties should be encouraged to work together.
in 2003. Toews joined the new party, and was a Manitoba organizer in Stephen Harper
's successful bid to become its first elected leader. He was easily returned in the 2004 general election as the Liberals were reduced to a minority government
, and was retained as Justice Critic in the parliament that followed.
On January 25, 2005, Toews pleaded guilty to the charge of exceeding his personal campaign expense limits in the 1999 provincial election. He claimed that the overspending resulted from a miscommunication between his campaign and the provincial party as to how some expenses were to be accounted. There were some calls for him to resign as Justice Critic, but nothing came of this. Toews received a $500 fine, and the charge remained on his record.
A Winnipeg Free Press poll taken in late December 2005 showed Toews as the most popular choice to replace Stuart Murray
as leader of the Manitoba Progressive Conservatives. He declined to contest the position, and was returned without difficulty in the 2006 Canadian federal election
.
.
Toews criticized some Supreme Court
decisions, and on one occasion accused former Chief Justice Antonio Lamer
of overseeing a "frenzy of constitutional experimentation". He also called for official reviews of judicial appointments, arguing that the policy views of judges should be known before they take office. In September 2004, he delivered a speech to the National Pro-Life Conference entitled "Abuse of the Charter by the Supreme Court". In this speech, Toews criticized judicial implementation of the Charter of Rights and Freedoms
, suggested that judges were implementing social policy, and called on his audience to build organizations to challenge the courts.
Toews spoke favourably of the Charter of Rights and Freedoms on its twentieth anniversary in 2002, describing it as "a powerful check on the power of government to unreasonably intrude on our rights and freedoms". He also called for governments to demonstrate more willingness to use the Charter's Notwithstanding Clause
to overrule court decisions. Toews specifically argued that the clause should have been used to overturn a court decision that weakened Canada's child pornography
laws. (The Liberal government brought forward remedial legislation to address this decision, without resorting to a Constitutional strategy.)
Initially considered a moderate within the Canadian Alliance, Toews later became known for endorsing socially conservative causes. He was a vocal opponent of Bill C-250 (2003), which made sexual orientation a protected category under Canada's hate crime
legislation. Toews stated that the bill could restrict freedom of expression and religion, and was quoted as saying that a "homosexual activist" could sue a hotel chain to remove Bible
s as hate literature. He later emerged as a prominent opponent of same-sex marriage
, and suggested that changing the definition of marriage in Canada could result in polygamy being legalized. In 2005, he launched an extended filibuster
to delay committee work on the issue. Despite his efforts, same-sex marriage was legalized in the summer of 2005.
During this period, Toews also argued that religious organizations should be permitted to deny gay
organizations the use of their facilities, supported increasing the age of sexual consent in Canada from fourteen to sixteen, and opposed the decriminalization of cannabis
. He continued to oppose the federal gun registry.
Stephen Harper appointed Toews to cabinet as Canada's Minister of Justice and Attorney-General
. In this capacity, he introduced several bills relating to Canada's criminal justice system.
Toews introduced two bills in May 2006, requiring mandatory minimum prison sentences for persons convicted of gun crimes and eliminating house arrest
as an option for various offenses. Opposition parties amended the second bill in October 2006, retaining the ban on house arrests for serious violent and sexual offenders but permitting it for non-violent property offenders. NDP Justice Critic Joe Comartin argued that this change addressed the legitimate concerns of Canadians, while removing what he described as "the radical, extreme over-reaction" of the Conservatives. Toews called for the bill to be passed in its original form.
In November 2006, Toews introduced a bill to toughen bail conditions for persons accused of gun-related crimes. The bill included a "reverse-onus" clause requiring the accused to demonstrate why they should not be held in custody. Ontario Premier
Dalton McGuinty
and Toronto Mayor David Miller indicated their support for the bill.
In June 2006, Toews introduced a bill to raise the age of sexual consent from fourteen to sixteen. The bill included an exemption for adolescents who have relations with persons no more than five years older than themselves. Under Canadian law, "sexual consent" covers all activities from kissing to intercourse. Liberal MP Irwin Cotler
argued that the Conservative Party was misrepresenting the issue to the Canadian public, and noted that the sexual exploitation of persons under eighteen is already illegal under Canadian law. Toew's proposed changes were supported by other interested parties, including Manitoba Justice Minister Gord Mackintosh
. The bill became law in February 2008, over a year after Toews left the Justice portfolio.
Toews introduced a "three strikes
" bill to the House of Commons in October 2006, stipulating that persons found guilty of three sexual or violent crimes will be automatically categorized as dangerous offenders unless they can convince a judge otherwise. Persons labeled as dangerous offenders under Canadian law may be kept in prison indefinitely. Critics argued that the proposed law was too broad in its scope, and included vaguely-defined categories in its list of serious offenses. Civil libertarian groups also argued that the bill threatened the constitutional principle of accused persons being presumed innocent until proven guilty, and suggested that it may not withstand a court challenge.
In August 2006, Toews told reporters that he was willing to consider lowering the age of criminal responsibility in Canada from twelve to ten. He indicated that his focus was on treatment rather than jail time, although he did not rule out jail sentences for ten year-olds. A Justice Department spokesman later clarified that there were no plans to bring forward such legislation. In October 2006, Toews announced plans to introduce more severe sentencing provisions under the Youth Criminal Justice Act
.
In June 2006, Toews brought forward amendments to expand Canada's collection of DNA
samples from convicted criminals, and later proposed amendments to ensure convicted sex offenders are automatically included in this registry. He also confirmed that his government would arm guards at the Canada-United States border, and would not revive plans by the previous Liberal administration to decriminalize simple possession of cannabis.
MPs from all parties agreed to fast-track passage of a bill toughening penalties for street racing in November 2006. In the same month, Toews introduced a bill to give the police extra powers against persons who drive while under the influence of drugs.
Some provincial justice ministers expressed concern about the costs of Toews's proposed sentencing reforms. Toews acknowledged that his government's gun sentencing laws would cost $246 million per year for new prison space and $40 million for operating costs, but argued that the changes were necessary and were requested by police and provincial officials.
Liberal MP Michael Ignatieff
criticized Toews's approach to crime, arguing that adding thousands of people to Canada's prison system will lead to young offenders becoming hardened adult criminals, and will not make Canada safer in the long term. Former Ontario Chief Justice Patrick LeSage
also criticized Toews's approach to crime issues, arguing that the country was not experiencing a crime wave and did not need "draconian" laws to ensure its safety.
Soon after he assumed office, Toews announced that public hearings would be held for the next justice appointed to the Supreme Court of Canada
. This policy was criticized by Supreme Court Chief Justice Beverley McLachlin
and former justice John Major, who expressed concern that these hearings could foment the "political warfare" associated with American judicial appointments. In late February, Prime Minister Harper nominated Marshall Rothstein
from a shortlist prepared by the previous Liberal administration. MPs were permitted to ask questions of Rothstein, although the ultimate power of appointment continued to rest with the prime minister. Rothstein was supported by Liberal members of the judicial committee, and was quickly confirmed to the bench.
In November 2006, Toews announced that police representatives would be appointed to the provincial judicial advisory committees that review the qualifications of potential judges. This proposal was widely criticized by the Canadian media and by opposition MPs, some of whom argued that Toews's intent was to stack the courts with right-wing judges. In an unprecedented move, Chief Justice Beverley McLachlin and the Canadian Judicial Council issued a statement that Toews's proposal would "compromise the independence of the Advisory Committees", and called for the minister to consult with judicial and legal representatives before making any changes. The Federation of Law Societies of Canada has also criticized Toews's plan, arguing that the government had "politicized" the judicial appointments process. Ontario Chief Justice Roy McMurtry
and Attorney General Michael Bryant
added their opposition in early 2007, with Bryant arguing that "the forces of legal populism" were threatening to "tear asunder the basic principle of judicial independence". Toews indicated that he would proceed with his changes despite the opposition, though he was removed from the Justice portfolio before the new system could be implemented. In January 2007, the Conservatives appointed two powerful Ontario police union leaders to an advisory committee.
In mid-2006, Toews's department prepared draft legislation concerning religious rights and freedom of speech in relation to same-sex marriage. Some speculated that this legislation was intended to protect the "free speech" of religious leaders and others who criticize homosexual behaviour. The legislation was never brought forward. The House of Commons defeated a motion to reopen the debate on same-sex marriage in December 2006. While Toews remains personally opposed to same-sex marriage, he later indicated that the Harper government would not revisit the issue again.
In late October 2006, an Ontario Superior Court Judge struck down a part of Canada's Security of Information Act as unconstitutional. This law had previously been used by the Royal Canadian Mounted Police
to obtain search warrants for the home and office of Ottawa journalist Juliet O'Neill
, after she received and published leaked information about Maher Arar
. In the same week, an Ottawa judge struck down as unconstitutional a section of the Anti-terrorism Act that defined terrorism as crime motived by religion, politics or ideology. Toews later announced that the Harper government would not appeal the O'Neill decision.
In December 2006, Toews and Minister of Indian Affairs and Northern Development Jim Prentice
announced plans to repeal Section 67 of the Canadian Human Rights Act
. The ministers argued that this provision sometimes prevented status aboriginals and on-reserve workers from registering human rights complaints, and said that its repeal would extend full rights protection to all First Nations people.
Toews called a judicial inquiry into the 1985 Air India bombing in February 2006. He abolished the Law Commission of Canada later in the year, saying that the government would commission other agencies to do its research work.
on January 4, 2007, and appointed Toews as President of the Treasury Board
. Some commentators argued that Toews's hardline approach to law-and-order issues was damaging the Conservative Party's image among centrist voters, and described his replacement Rob Nicholson
as presenting a more moderate image.
In his first major speech after the shuffle, Toews announced increased penalties and longer jail terms for bureaucrats who commit fraud against the government. In the same month, he announced that the Canadian Wheat Board
would be subject to the Access to Information Act.
As Treasury Board President, Toews is responsible for overseeing the Federal Accountability Act
, which was passed into law in 2006. In January 2008, he introduced a Lobbying Act to replace Canada's Lobbyists Registration Act. The new act created a category of senior public officials called "designated public office holders", whose interactions with lobbyists would need to be reported. It also created a Commissioner of Lobbying (to replace the Registrar of Lobbyists), and increased penalties for violations. The coordinator of the group Democracy Watch was strongly critical of the changes, noting that the new rules only covered "oral and arranged communication" between ministers and government officials while exempting written correspondence and chance encounters. After the act officially became law in July 2008, it was discovered that some arranged meetings between ministers, government officials and lobbyists' clients would not have to be reported at all, if the lobbyist who arranged the meeting was not actually present. Lobbyists were not required to report such meetings, and the clients would only be required to do so if they were themselves registered under the act.
In February 2008, Toews and Minister of Public Works
Michael Fortier
announced that the Harper government would spend $10 million less on public opinion research in its next budget. This decision followed criticism that the government was spending far more on polls than the previous Liberal administrations. Toews' department also shut down the Co-ordination of Access to Information Requests System (CAIRS) in April 2008. Critics argued that the system provided a vital resource for citizens attempting to investigate previously released documents. Toews argued that it was expensive, and slowed access to government information.
During a June 2008 parliamentary debate, Toews described Canadian jurist Louise Arbour
, the retiring United Nations
High Commissioner for Human Rights, as a "disgrace". He indicated that he made the remarks with respect to her past statements on Israel
(during the 2006 Lebanon War, Arbour argued that the killing of innocent civilians by any party could amount to war crimes). This statement was widely criticized. Liberal MP Martha Hall Findlay
responded that Toews had taken Arbour's remarks "completely out of context", and described his comments as an "appalling" personal attack. Claire L'Heureux-Dubé
also criticized Toews' comments, writing that Arbour had avoided taking sides in the Middle East
conflict.
Toews was invited to speak at an event marking the 25th anniversary of the Charter of Rights and Freedoms, but declined.
In November 2007, disgraced businessman and lobbyist Karlheinz Schreiber
filed an affidavit in Ontario Superior Court that contained serious accusations against former Prime Minister Brian Mulroney
. The Canadian media subsequently reported that Justice officials had prepared a briefing note on Schreiber the previous year, while Toews was still minister. Bureaucrats indicated that neither Toews nor his successor, Rob Nicholson, had read the material. Some columnists suggested that the Conservative ministers may have intentionally avoided briefings on the subject.
. He later modified his position, and announced in June 2008 that he was interested in moving forward with a revised stadium plan.
Toews's public visibility declined after his reassignment as Treasury Board President, and the Winnipeg Free Press
reported in May 2008 that he was not playing a prominent role in discussions about the Canadian Museum for Human Rights
in Winnipeg or the proposed football stadium.
announced that Toews would be replacing Peter Van Loan
as the new Public Safety Minister.
situation, as Toews has an active role in choosing the oversight committee. Toews was still a Member of Parliament when the 2008 election was called, however, and was re-elected on Oct 14, 2008.
in the 1999 campaign.
All electoral information is taken from Elections Canada
and Elections Manitoba
. Provincial election expenditures refer to individual candidate expenses. Italicized expenditures refer to submitted totals, and are presented when the final reviewed totals are not available.
Queen's Privy Council for Canada
The Queen's Privy Council for Canada ), sometimes called Her Majesty's Privy Council for Canada or simply the Privy Council, is the full group of personal consultants to the monarch of Canada on state and constitutional affairs, though responsible government requires the sovereign or her viceroy,...
QC
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...
(icon; born September 10, 1952) is a Canadian
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...
politician. He has represented Provencher
Provencher (electoral district)
Provencher is a federal electoral district in Manitoba, Canada, that has been represented in the Canadian House of Commons since 1871. It is largely a rural district, the largest community being the city of Steinbach, Manitoba.-Demographics:-History:...
in 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...
since 2000, and currently serves in the cabinet of Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
as Minister of Public Safety. He previously served in the Legislative Assembly of Manitoba
Legislative Assembly of Manitoba
The Legislative Assembly of Manitoba and the lieutenant governor form the Legislature of Manitoba, the legislature of the Canadian province of Manitoba. Fifty-seven members are elected to this assembly in provincial general elections, all in single-member constituencies with first-past-the-post...
from 1995 to 1999, and was a senior cabinet minister in the government of Gary Filmon
Gary Filmon
Gary Albert Filmon, PC, OC, OM is a Manitoba politician. He was the leader of the Progressive Conservative Party of Manitoba from 1983 to 2000, and served as the 19th Premier from 1988 to 1999.-Early life and municipal career:...
. Toews is a member of 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...
.
Early life and career
Toews' parents, Victor and Anna Toews, moved from CanadaCanada
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...
with their two eldest children to Paraguay in 1952, where Toews was born in Filadelfia, Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
. Victor's father served on a missions assignment as a teacher and minister. The family returned to Canada in 1956. He speaks German
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
(his mother tongue), Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
and English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
. He holds 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 in History
History
History is the discovery, collection, organization, and presentation of information about past events. History can also mean the period of time after writing was invented. Scholars who write about history are called historians...
from the University of Winnipeg
University of Winnipeg
The University of Winnipeg is a public university in Winnipeg, Manitoba, Canada that offers undergraduate faculties of art, business and economics, education, science and theology as well as graduate programs. The U of W's founding colleges were Manitoba College and Wesley College, which merged...
(1973), and a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
degree from the University of Manitoba
University of Manitoba
The University of Manitoba , in Winnipeg, Manitoba, Canada, is the largest university in the province of Manitoba. It is Manitoba's most comprehensive and only research-intensive post-secondary educational institution. It was founded in 1877, making it Western Canada’s first university. It placed...
(1976). He joined the provincial Ministry of Justice
Manitoba Justice
Manitoba Justice is a department of the Government of Manitoba. It is overseen by the Minister of Justice and Attorney General, Andrew Swan....
in 1976 and became a Crown attorney
Crown attorney
Crown Attorneys or Crown Counsel are the prosecutors in the legal system of Canada.Crown Attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code of Canada...
the following year. He was promoted to Director of Constitutional Law for Manitoba in 1987, and advised the Manitoba government on the Meech Lake Accord
Meech Lake Accord
The Meech Lake Accord was a package of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and ten provincial premiers. It was intended to persuade the government of the Province of Quebec to endorse the 1982 Canadian Constitution and increase...
. He was appointed a Queen's Counsel
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...
in 1991.
Toews became a lecturer at the University of Manitoba in 1987, and taught classes in labour law and employment law. He left the civil service in 1991 to become an associate counsel for Great-West Life Assurance, and was given a leave of absence in 1995 to enter politics.
Toews spoke against a decision by 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....
's New Democratic Party government to prohibit protests outside abortion clinics in 1994. He described the decision as "almost unbelievable" and argued that the government was "challenging ... a constitutionally held right" in a manner "consistent with their social agenda".
Provincial politician
Toews joined the Progressive Conservative Party of ManitobaProgressive Conservative Party of Manitoba
The Progressive Conservative Party of Manitoba is the only right wing political party in Manitoba, Canada. It is also the official opposition party in the Legislative Assembly of Manitoba.-Origins and early years:...
in 1989, and ran for the party in the northeast Winnipeg division of Elmwood in the 1990 provincial election
Manitoba general election, 1990
The Manitoba general election of September 11, 1990 was held to elect Members of the Legislative Assembly of the Province of Manitoba, Canada. It was won by the Progressive Conservative Party, which took 30 out of 57 seats...
. He placed second against incumbent Member of the Legislative Assembly
Member of the Legislative Assembly
A Member of the Legislative Assembly or a Member of the Legislature , is a representative elected by the voters of a constituency to the legislature or legislative assembly of a sub-national jurisdiction....
(MLA) Jim Maloway
Jim Maloway
Peter James "Jim" Maloway is a Canadian politician. He was elected to the Canadian House of Commons for the Winnipeg division of Elmwood—Transcona in the 2008 federal election as a member of the New Democratic Party. He previously served in the Legislative Assembly of Manitoba from 1986 to 2008,...
. He ran again in the 1995 election
Manitoba general election, 1995
The Manitoba general election of April 25,1995 was held to elect Members of the Legislative Assembly of the Province of Manitoba, Canada. It was won by the Progressive Conservative Party, which won 31 seats out of 57...
, and narrowly defeated NDP incumbent Harry Schellenberg
Harry Schellenberg
Harry Schellenberg is a politician in Manitoba, Canada. He was a member of the Manitoba legislature from 1993 to 1995 and again from 1999 to 2003, representing the north-end Winnipeg riding of Rossmere for the New Democratic Party....
in nearby division of Rossmere.
Minister of Labour
Toews was appointed to the cabinet of PremierPremier of Manitoba
The Premier of Manitoba is the first minister for the Canadian province of Manitoba. He or she is the province's head of government and de facto chief executive. Until the early 1970s, the title "Prime Minister of Manitoba" was used frequently. Afterwards, the word Premier, derived from the French...
Gary Filmon
Gary Filmon
Gary Albert Filmon, PC, OC, OM is a Manitoba politician. He was the leader of the Progressive Conservative Party of Manitoba from 1983 to 2000, and served as the 19th Premier from 1988 to 1999.-Early life and municipal career:...
after the election, becoming Minister of Labour on May 9, 1995. In his debut speech to the legislature, he said that his political philosophy was partly influenced by leaders of Canada's social democratic movement, as well as his own Mennonite upbringing.
Toews's tenure as Labour Minister was marked by a difficult relationship with organized labour. His first major legislative initiative was Bill 26 (1996), which required unions to disclose the salaries of their officials and indicate how membership dues were spent, mandated union certification votes to take place within seven days of an application, and granted employees the right to prevent their dues from being donated to political parties. Several labour leaders described the bill as anti-union. NDP leader Gary Doer
Gary Doer
Gary Albert Doer, OM is a Canadian diplomat and politician from Manitoba, Canada. Since October 19, 2009, he has served as Canada's Ambassador to the United States...
argued that the provision regarding donations unfairly targeted his party, and suggested that corporate shareholders should be given the same right to shield their investments from party donations. Toews rejected these criticisms, and argued that Bill 26 provided greater autonomy to individual workers.
Toews's department proposed the privatization of home-care delivery services in 1996, drawing opposition from many in the field and triggering an extended strike. He was also forced to deal with strikes at Boeing
Boeing
The Boeing Company is an American multinational aerospace and defense corporation, founded in 1916 by William E. Boeing in Seattle, Washington. Boeing has expanded over the years, merging with McDonnell Douglas in 1997. Boeing Corporate headquarters has been in Chicago, Illinois since 2001...
, Inco, and the Manitoba Lotteries Corporation
Manitoba Lotteries Corporation
The Manitoba Lotteries Corporation is a Crown Corporation that operates and manages two casino properties: McPhillips Station Casino and Club Regent Casino in Winnipeg, Manitoba...
, leading one journalist to describe 1996 as "the busiest year for picketing since the 1919 Winnipeg General Strike". Toews blamed unions for provoking the strikes, saying they were conducted "for political, not economic, reasons."
Toews canceled the provincial Payment of Wages Fund in July 1996, argued that it was not achieving its purpose. The stated intention of the fund was to allow workers to collect revenues from employers who entered bankruptcy or receivership.
Minister of Justice
On January 6, 1997, Toews was promoted to Minister of Justice, Attorney General and Keeper of the Great Seal, with further responsibility for Constitutional Affairs.Approach to crime and the judiciary
As Justice Minister, Toews earned a reputation for focusing on "law and order" issues. One of his first ministerial decisions was to grant jail superintendents the right to institute complete smoking bans, impose random drug tests, and monitor prisoners' calls. Soon after, he introduced measures targeting prison gangs and the drug trade. In August 1998, Toews announced that his ministry would hire more Crown attorneys and construct more than seventy new beds for the Headingley Correctional Institution, in an attempt to incarcerate more dangerous offenders.Toews also introduced legislation to make parents legally responsible for the crimes of their children. Members of the opposition New Democratic Party argued that the plan would be ineffective, citing past experiments in the United States of America as evidence.
Toews criticized some criminal justice initiatives brought forward by the federal government of Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
. In 1997, he announced that Manitoba would not enforce or administer the Canadian gun registry
Canadian gun registry
The Canadian Firearms Registry is part of the Firearms Act and is managed by the Canadian Firearms Program of the Royal Canadian Mounted Police . It requires the registration of all guns in Canada. It was introduced by the Liberal government of Prime Minister Jean Chrétien and implemented by...
. Two years later, he described changes to the federal Young Offenders Act
Young Offenders Act
The Young Offenders Act was an act of the Parliament of Canada, granted Royal Assent in 1984, that regulated the criminal prosecution of Canadian youths...
as both ineffective and too expensive. Toews nonetheless cooperated with the federal government on several issues. In March 1998, he stood with federal cabinet minister Lloyd Axworthy
Lloyd Axworthy
Lloyd Norman Axworthy, PC, OC, OM is a prominent Canadian politician, statesman and University President from Manitoba. He is best known for having served as Minister of Foreign Affairs in the Cabinet chaired by Prime Minister Jean Chrétien...
to announce a plan discouraging court sentences for non-violent aboriginal offenders. Toews said that the proposal was "sensitive to the needs of the aboriginal community", and that it would reduce the number of repeat offenders.
Toews's relationship with the judiciary was sometimes difficult. In May 1998, he asked a judicial appointment committee to add two names to a list of proposed judges. Some argued that this was improper interference, while Toews stated that he acted to ensure the appointment of more bilingual judges. In 1999, he delivered a speech to the Alberta Summit on Justice that criticized judges for intervening in political matters. He was quoted as saying that judges, unlike parliamentarians, "are not well-placed to understand and represent the social, economic and political values of the public". Some attendees criticized his speech, and a representative of the Legal Aid Society of Alberta described it as "inflammatory and sensational". Toews stated on another occasion that judges have a relatively light workload. Chief Provincial Justice Judith Webster
Judith Webster
Judith Webster is a former judge in Manitoba, Canada. She served as Chief Justice of the Provincial Court of Manitoba from 1993 to 2001, and was the first woman to hold this position.-Early life and career:Webster was born and raised in Winnipeg...
described this as "misleading and inaccurate".
Opposition criticism
The New Democrats argued that Crown offices were underfunded under Toews' watch, and suggested that the Justice Department's prosecutorial duties were compromised.During a legislative debate in June 1999, Toews accused NDP Justice Critic Gord Mackintosh of mischief for repeatedly calling the province's Street Peace gang hotline only to hang up before leaving a message. Calls to the hotline were meant to be confidential and anonymous, but Toews later acknowledged that calls from government buildings had been tracked and that he received Mackintosh's name from an employee in his department. Premier Filmon described Toews's conduct in the matter as inappropriate. During the fallout from this controversy, Toews was forced to admit that the hotline had gone unanswered for several months.
During Toews tenure as Minister of Public Safety, Mark Holland the Liberal Opposition critic stated that the CBSA should be subject to independent oversight, something that Minister Toews has not advocated or sought to legislate. Minister Toews did not comment for the story when requested by the media or the family of the alleged victim. This was highlighted in the case of a young woman alleging sexual abuse, that her family felt was not properly investigated. Mark Holland stated, “It's like a black hole that people fall through all the time,” he said the case highlights the need for greater transparency and independence in CBSA's complaints process.
Other policy decisions
In May 1999, Toews announced that Manitoba would accept a Supreme Court of CanadaSupreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision granting spousal benefits to same-sex couples.
1999 election
The Progressive Conservatives were defeated in the 1999 provincial electionManitoba general election, 1999
The Manitoba general election of September 21, 1999 was held to elect Members of the Legislative Assembly of the Province of Manitoba, Canada....
and Toews was personally defeated in Rossmere, losing to Harry Schellenberg by 294 votes. Redistribution had added a number of NDP-leaning polls to the division, which likely contributed to Schellenberg's victory. Toews returned to work with Great-West Life Assurance in 1999 and 2000.
Party alignment
After leaving provincial politics, Toews turned his attention to the federal scene and Canada's "unite-the-right" movement. He had previously called for cooperation between the right-wing Reform Party of CanadaReform 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....
and the centre-right Progressive Conservative Party of Canada
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....
, although he did not endorse the United Alternative initiative when it was first announced in 1999. He expressed interest in working 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...
, a successor to the Reform Party that sought to build support among Blue Tory
Blue Tory
Blue Tories, also known as small 'c' conservatives, are, in Canadian politics, members of the former federal Progressive Conservative Party of Canada, current Conservative Party of Canada and provincial Progressive Conservative parties who are more economically right wing...
Progressive Conservatives. Toews endorsed Tom Long's bid for the Alliance leadership in June 2000, and approved of Brian Pallister
Brian Pallister
Brian William Pallister is a Canadian politician. He represented the riding of Portage—Lisgar in the Canadian House of Commons from 2000 to 2008. He previously served in the Legislative Assembly of Manitoba from 1992 to 1997, and was a cabinet minister in the provincial government of Gary Filmon...
's efforts to bring the Progressive Conservatives into cooperation with the new party.
Toews formally joined the Alliance in the buildup to the 2000 federal election, and defeated four other candidates to win the party's nomination in Provencher
Provencher (electoral district)
Provencher is a federal electoral district in Manitoba, Canada, that has been represented in the Canadian House of Commons since 1871. It is largely a rural district, the largest community being the city of Steinbach, Manitoba.-Demographics:-History:...
, a rural riding in southeastern Manitoba. He then defeated Liberal Party
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...
incumbent David Iftody
David Iftody
David Iftody was a Canadian politician. He served in the Canadian House of Commons from 1993 to 2000, representing the Manitoba riding of Provencher. Iftody was a member of the Liberal Party of Canada.-Early life and career:...
in the general election. The Liberals won a national majority government
Majority government
A majority government is when the governing party has an absolute majority of seats in the legislature or parliament in a parliamentary system. This is as opposed to a minority government, where even the largest party wins only a plurality of seats and thus must constantly bargain for support from...
, and Toews was appointed as Justice Critic in the opposition shadow cabinet
Shadow Cabinet
The Shadow Cabinet is a senior group of opposition spokespeople in the Westminster system of government who together under the leadership of the Leader of the Opposition form an alternative cabinet to the government's, whose members shadow or mark each individual member of the government...
.
The Canadian Alliance was weakened by internal divisions in mid-2001, with several MPs calling on party leader Stockwell Day
Stockwell Day
Stockwell Burt Day, Jr., PC, MP is a former Canadian politician, and a member of the Conservative Party of Canada. He is a former cabinet minister in Alberta, and a former leader of the Canadian Alliance. Day was MP for the riding of Okanagan—Coquihalla in British Columbia and the president of...
to resign. Toews did not take a strong position for or against Day's leadership, but issued a call for party discipline pending a formal review. When Day resigned, Toews worked on Grant Hill
Grant Hill (politician)
Grant Hill, PC is a former Canadian Member of Parliament for the Conservative Party of Canada , and a former member of the Canadian Alliance and the Reform Party of Canada ....
's unsuccessful campaign to become the new party leader.
In 2003, Toews recommended that Alliance members purchase Progressive Conservative membership cards to support the leadership bid of Jim Prentice
Jim Prentice
James "Jim" Prentice, PC, QC is a Canadian lawyer, and politician. In the 2004 federal election he was elected to the Canadian House of Commons as a candidate of the Conservative Party of Canada...
. He denied this constituted interference, and said that members of the two parties should be encouraged to work together.
Conservative MP
The Canadian Alliance and Progressive Conservative parties merged to form 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...
in 2003. Toews joined the new party, and was a Manitoba organizer in Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
's successful bid to become its first elected leader. He was easily returned in the 2004 general election as the Liberals were reduced to a minority government
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...
, and was retained as Justice Critic in the parliament that followed.
On January 25, 2005, Toews pleaded guilty to the charge of exceeding his personal campaign expense limits in the 1999 provincial election. He claimed that the overspending resulted from a miscommunication between his campaign and the provincial party as to how some expenses were to be accounted. There were some calls for him to resign as Justice Critic, but nothing came of this. Toews received a $500 fine, and the charge remained on his record.
A Winnipeg Free Press poll taken in late December 2005 showed Toews as the most popular choice to replace Stuart Murray
Stuart Murray
Stuart Murray is a politician in Manitoba, Canada. He served as leader of the Progressive Conservative Party of Manitoba and leader of the opposition in the Manitoba legislature from 2000 to 2006.-Early life and career:...
as leader of the Manitoba Progressive Conservatives. He declined to contest the position, and was returned without difficulty in the 2006 Canadian federal 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:...
.
Policy views
As Justice Critic from 2001 to 2005, Toews frequently accused the Liberal government of being unfocused on crime issues. He supported the Chrétien government's decision to create a national sex offender registry in 2002, but criticized the government for not making the bill retroactive to include the names of previously convicted offenders. The non-retroactive approach followed the model of previous legislation in the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
Toews criticized some Supreme Court
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decisions, and on one occasion accused former Chief Justice Antonio Lamer
Antonio Lamer
Joseph Antonio Charles Lamer, PC, CC, CD was a Canadian lawyer, jurist and Chief Justice of the Supreme Court of Canada.-Personal life:...
of overseeing a "frenzy of constitutional experimentation". He also called for official reviews of judicial appointments, arguing that the policy views of judges should be known before they take office. In September 2004, he delivered a speech to the National Pro-Life Conference entitled "Abuse of the Charter by the Supreme Court". In this speech, Toews criticized judicial implementation of the Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
, suggested that judges were implementing social policy, and called on his audience to build organizations to challenge the courts.
Toews spoke favourably of the Charter of Rights and Freedoms on its twentieth anniversary in 2002, describing it as "a powerful check on the power of government to unreasonably intrude on our rights and freedoms". He also called for governments to demonstrate more willingness to use the Charter's Notwithstanding Clause
Section Thirty-three of the Canadian Charter of Rights and Freedoms
Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause , or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter...
to overrule court decisions. Toews specifically argued that the clause should have been used to overturn a court decision that weakened Canada's child pornography
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
laws. (The Liberal government brought forward remedial legislation to address this decision, without resorting to a Constitutional strategy.)
Initially considered a moderate within the Canadian Alliance, Toews later became known for endorsing socially conservative causes. He was a vocal opponent of Bill C-250 (2003), which made sexual orientation a protected category under Canada's hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
legislation. Toews stated that the bill could restrict freedom of expression and religion, and was quoted as saying that a "homosexual activist" could sue a hotel chain to remove Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
s as hate literature. He later emerged as a prominent opponent of same-sex marriage
Same-sex marriage in Canada
On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...
, and suggested that changing the definition of marriage in Canada could result in polygamy being legalized. In 2005, he launched an extended filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
to delay committee work on the issue. Despite his efforts, same-sex marriage was legalized in the summer of 2005.
During this period, Toews also argued that religious organizations should be permitted to deny gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
organizations the use of their facilities, supported increasing the age of sexual consent in Canada from fourteen to sixteen, and opposed the decriminalization of cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
. He continued to oppose the federal gun registry.
Federal Minister of Justice
The Conservatives won a minority government in the 2006 election. On February 6, 2006, Prime MinisterPrime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Stephen Harper appointed Toews to cabinet as Canada's Minister of Justice and Attorney-General
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...
. In this capacity, he introduced several bills relating to Canada's criminal justice system.
Gun-related crimes
Toews introduced two bills in May 2006, requiring mandatory minimum prison sentences for persons convicted of gun crimes and eliminating house arrest
House arrest
In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
as an option for various offenses. Opposition parties amended the second bill in October 2006, retaining the ban on house arrests for serious violent and sexual offenders but permitting it for non-violent property offenders. NDP Justice Critic Joe Comartin argued that this change addressed the legitimate concerns of Canadians, while removing what he described as "the radical, extreme over-reaction" of the Conservatives. Toews called for the bill to be passed in its original form.
In November 2006, Toews introduced a bill to toughen bail conditions for persons accused of gun-related crimes. The bill included a "reverse-onus" clause requiring the accused to demonstrate why they should not be held in custody. Ontario Premier
Premier of Ontario
The Premier of Ontario is the first Minister of the Crown for the Canadian province of Ontario. The Premier is appointed as the province's head of government by the Lieutenant Governor of Ontario, and presides over the Executive council, or Cabinet. The Executive Council Act The Premier of Ontario...
Dalton McGuinty
Dalton McGuinty
Dalton James Patrick McGuinty, Jr., MPP is a Canadian lawyer, politician and, since October 23, 2003, the 24th and current Premier of the Canadian province of Ontario....
and Toronto Mayor David Miller indicated their support for the bill.
Age of consent
In June 2006, Toews introduced a bill to raise the age of sexual consent from fourteen to sixteen. The bill included an exemption for adolescents who have relations with persons no more than five years older than themselves. Under Canadian law, "sexual consent" covers all activities from kissing to intercourse. Liberal MP Irwin Cotler
Irwin Cotler
Irwin Cotler, PC, OC, MP was Canada's Minister of Justice and Attorney General of Canada from 2003 until the Liberal government of Paul Martin lost power following the 2006 federal election. He was first elected to the Canadian House of Commons for the constituency of Mount Royal in a by-election...
argued that the Conservative Party was misrepresenting the issue to the Canadian public, and noted that the sexual exploitation of persons under eighteen is already illegal under Canadian law. Toew's proposed changes were supported by other interested parties, including Manitoba Justice Minister Gord Mackintosh
Gord Mackintosh
Gordon Henry Alexander "Gord" Mackintosh is a politician in Manitoba, Canada. He is currently a cabinet minister in the New Democratic Party government of Greg Selinger....
. The bill became law in February 2008, over a year after Toews left the Justice portfolio.
Dangerous offender status
Toews introduced a "three strikes
Three strikes law
Three strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
" bill to the House of Commons in October 2006, stipulating that persons found guilty of three sexual or violent crimes will be automatically categorized as dangerous offenders unless they can convince a judge otherwise. Persons labeled as dangerous offenders under Canadian law may be kept in prison indefinitely. Critics argued that the proposed law was too broad in its scope, and included vaguely-defined categories in its list of serious offenses. Civil libertarian groups also argued that the bill threatened the constitutional principle of accused persons being presumed innocent until proven guilty, and suggested that it may not withstand a court challenge.
Youth justice
In August 2006, Toews told reporters that he was willing to consider lowering the age of criminal responsibility in Canada from twelve to ten. He indicated that his focus was on treatment rather than jail time, although he did not rule out jail sentences for ten year-olds. A Justice Department spokesman later clarified that there were no plans to bring forward such legislation. In October 2006, Toews announced plans to introduce more severe sentencing provisions under the Youth Criminal Justice Act
Youth Criminal Justice Act
Canada's Youth Criminal Justice Act is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences...
.
Other
In June 2006, Toews brought forward amendments to expand Canada's collection of DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
samples from convicted criminals, and later proposed amendments to ensure convicted sex offenders are automatically included in this registry. He also confirmed that his government would arm guards at the Canada-United States border, and would not revive plans by the previous Liberal administration to decriminalize simple possession of cannabis.
MPs from all parties agreed to fast-track passage of a bill toughening penalties for street racing in November 2006. In the same month, Toews introduced a bill to give the police extra powers against persons who drive while under the influence of drugs.
Criticism
Some provincial justice ministers expressed concern about the costs of Toews's proposed sentencing reforms. Toews acknowledged that his government's gun sentencing laws would cost $246 million per year for new prison space and $40 million for operating costs, but argued that the changes were necessary and were requested by police and provincial officials.
Liberal MP Michael Ignatieff
Michael Ignatieff
Michael Grant Ignatieff is a Canadian author, academic and former politician. He was the leader of the Liberal Party of Canada and Leader of the Official Opposition from 2008 until 2011...
criticized Toews's approach to crime, arguing that adding thousands of people to Canada's prison system will lead to young offenders becoming hardened adult criminals, and will not make Canada safer in the long term. Former Ontario Chief Justice Patrick LeSage
Patrick LeSage
Patrick J. LeSage, CM, O.Ont is a lawyer and former judge. He spent 29 years as a judge, and until 2002 was the Chief Justice of the Ontario Superior Court of Justice...
also criticized Toews's approach to crime issues, arguing that the country was not experiencing a crime wave and did not need "draconian" laws to ensure its safety.
Judicial appointments
Soon after he assumed office, Toews announced that public hearings would be held for the next justice appointed to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. This policy was criticized by Supreme Court Chief Justice Beverley McLachlin
Beverley McLachlin
Beverley McLachlin, PC is the Chief Justice of Canada, the first woman to hold this position. She also serves as a Deputy of the Governor General of Canada.-Early life:...
and former justice John Major, who expressed concern that these hearings could foment the "political warfare" associated with American judicial appointments. In late February, Prime Minister Harper nominated Marshall Rothstein
Marshall Rothstein
Marshall Rothstein, QC, B.Comm, LLB is a Puisne Justice of the Supreme Court of Canada.-Early life:Born in Winnipeg to Jewish parents who immigrated from Eastern Europe, he received a Bachelor of Commerce in 1962 and an LL.B. in 1966 from the University of Manitoba...
from a shortlist prepared by the previous Liberal administration. MPs were permitted to ask questions of Rothstein, although the ultimate power of appointment continued to rest with the prime minister. Rothstein was supported by Liberal members of the judicial committee, and was quickly confirmed to the bench.
In November 2006, Toews announced that police representatives would be appointed to the provincial judicial advisory committees that review the qualifications of potential judges. This proposal was widely criticized by the Canadian media and by opposition MPs, some of whom argued that Toews's intent was to stack the courts with right-wing judges. In an unprecedented move, Chief Justice Beverley McLachlin and the Canadian Judicial Council issued a statement that Toews's proposal would "compromise the independence of the Advisory Committees", and called for the minister to consult with judicial and legal representatives before making any changes. The Federation of Law Societies of Canada has also criticized Toews's plan, arguing that the government had "politicized" the judicial appointments process. Ontario Chief Justice Roy McMurtry
Roy McMurtry
Roland "Roy" McMurtry, OC, OOnt is a judge and former politician in Ontario, Canada and the current Chancellor of York University.-Early life:McMurtry was born in Toronto and educated at St. Andrew's College, graduating in 1950...
and Attorney General Michael Bryant
Michael Bryant (politician)
Michael J. Bryant is former public administrator and former politician in Ontario, Canada. A Harvard-trained lawyer, he was a member of the Legislative Assembly of Ontario, representing the electoral district of St. Paul's for the Ontario Liberal Party from 1999 until 2009...
added their opposition in early 2007, with Bryant arguing that "the forces of legal populism" were threatening to "tear asunder the basic principle of judicial independence". Toews indicated that he would proceed with his changes despite the opposition, though he was removed from the Justice portfolio before the new system could be implemented. In January 2007, the Conservatives appointed two powerful Ontario police union leaders to an advisory committee.
Other matters
In mid-2006, Toews's department prepared draft legislation concerning religious rights and freedom of speech in relation to same-sex marriage. Some speculated that this legislation was intended to protect the "free speech" of religious leaders and others who criticize homosexual behaviour. The legislation was never brought forward. The House of Commons defeated a motion to reopen the debate on same-sex marriage in December 2006. While Toews remains personally opposed to same-sex marriage, he later indicated that the Harper government would not revisit the issue again.
In late October 2006, an Ontario Superior Court Judge struck down a part of Canada's Security of Information Act as unconstitutional. This law had previously been used by the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
to obtain search warrants for the home and office of Ottawa journalist Juliet O'Neill
Juliet O'Neill
Juliet O'Neill is a Canadian journalist who was the subject of controversy when the Royal Canadian Mounted Police raided her house, in an attempt to find the source of an alleged internal leak giving her access to privileged documents related to the Maher Arar case.In 1996 O'Neill was awarded a...
, after she received and published leaked information about Maher Arar
Maher Arar
Maher Arar is a telecommunications engineer with dual Syrian and Canadian citizenship who resides in Canada. Arar's story is frequently referred to as "extraordinary rendition" but the U.S. government insisted it was a case of deportation.Arar was detained during a layover at John F...
. In the same week, an Ottawa judge struck down as unconstitutional a section of the Anti-terrorism Act that defined terrorism as crime motived by religion, politics or ideology. Toews later announced that the Harper government would not appeal the O'Neill decision.
In December 2006, Toews and Minister of Indian Affairs and Northern Development Jim Prentice
Jim Prentice
James "Jim" Prentice, PC, QC is a Canadian lawyer, and politician. In the 2004 federal election he was elected to the Canadian House of Commons as a candidate of the Conservative Party of Canada...
announced plans to repeal Section 67 of the Canadian Human Rights Act
Canadian Human Rights Act
The Canadian Human Rights Act is a statute originally passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...
. The ministers argued that this provision sometimes prevented status aboriginals and on-reserve workers from registering human rights complaints, and said that its repeal would extend full rights protection to all First Nations people.
Toews called a judicial inquiry into the 1985 Air India bombing in February 2006. He abolished the Law Commission of Canada later in the year, saying that the government would commission other agencies to do its research work.
President of the Treasury Board
Prime Minister Stephen Harper shuffled his cabinetCabinet shuffle
In the parliamentary system a cabinet shuffle or reshuffle is an informal term for an event that occurs when a head of government rotates or changes the composition of ministers in their cabinet....
on January 4, 2007, and appointed Toews as President of the Treasury Board
President of the Treasury Board (Canada)
The position of President of the Treasury Board was created as a ministerial position in the Canadian Cabinet in 1966 when the Treasury Board became a full-fledged department. From 1867 to 1966 the Treasury Board had been part of the Department of Finance....
. Some commentators argued that Toews's hardline approach to law-and-order issues was damaging the Conservative Party's image among centrist voters, and described his replacement Rob Nicholson
Rob Nicholson
Robert Douglas "Rob" Nicholson, PC, QC, MP , 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...
as presenting a more moderate image.
In his first major speech after the shuffle, Toews announced increased penalties and longer jail terms for bureaucrats who commit fraud against the government. In the same month, he announced that the Canadian Wheat Board
Canadian Wheat Board
The Canadian Wheat Board was established by the Parliament of Canada on 5 July 1935 as a mandatory producer marketing system for wheat and barley in Alberta, Saskatchewan, Manitoba and a small part of British Columbia...
would be subject to the Access to Information Act.
As Treasury Board President, Toews is responsible for overseeing the Federal Accountability Act
Federal Accountability Act
The Federal Accountability Act is a statute introduced as Bill C-2 in the first session of the 39th Canadian Parliament on April 11, 2006, by the President of the Treasury Board, John Baird...
, which was passed into law in 2006. In January 2008, he introduced a Lobbying Act to replace Canada's Lobbyists Registration Act. The new act created a category of senior public officials called "designated public office holders", whose interactions with lobbyists would need to be reported. It also created a Commissioner of Lobbying (to replace the Registrar of Lobbyists), and increased penalties for violations. The coordinator of the group Democracy Watch was strongly critical of the changes, noting that the new rules only covered "oral and arranged communication" between ministers and government officials while exempting written correspondence and chance encounters. After the act officially became law in July 2008, it was discovered that some arranged meetings between ministers, government officials and lobbyists' clients would not have to be reported at all, if the lobbyist who arranged the meeting was not actually present. Lobbyists were not required to report such meetings, and the clients would only be required to do so if they were themselves registered under the act.
In February 2008, Toews and Minister of Public Works
Minister of Public Works and Government Services (Canada)
The Minister of Public Works and Government Services is the Minister of the Crown in the Canadian Cabinet who is responsible for overseeing the federal government's "common service organization" , an expansive department responsible for the internal servicing and administration of the federal...
Michael Fortier
Michael Fortier
Michael M. Fortier, PC is a former Canadian Minister of International Trade and a former Conservative senator from Quebec...
announced that the Harper government would spend $10 million less on public opinion research in its next budget. This decision followed criticism that the government was spending far more on polls than the previous Liberal administrations. Toews' department also shut down the Co-ordination of Access to Information Requests System (CAIRS) in April 2008. Critics argued that the system provided a vital resource for citizens attempting to investigate previously released documents. Toews argued that it was expensive, and slowed access to government information.
During a June 2008 parliamentary debate, Toews described Canadian jurist Louise Arbour
Louise Arbour
Louise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...
, the retiring United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
High Commissioner for Human Rights, as a "disgrace". He indicated that he made the remarks with respect to her past statements on Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
(during the 2006 Lebanon War, Arbour argued that the killing of innocent civilians by any party could amount to war crimes). This statement was widely criticized. Liberal MP Martha Hall Findlay
Martha Hall Findlay
Martha Hall Findlay is a Canadian lawyer, businesswoman and politician. She was elected to the Canadian House of Commons as the Liberal Party of Canada's candidate in the Toronto riding of Willowdale in a federal by-election held on March 17, 2008 to fill a vacancy created by former Liberal MP Jim...
responded that Toews had taken Arbour's remarks "completely out of context", and described his comments as an "appalling" personal attack. Claire L'Heureux-Dubé
Claire L'Heureux-Dubé
Claire L'Heureux-Dubé, served as a justice on the Supreme Court of Canada from 1987 to 2002. She was the first woman from Quebec and the second woman appointed to this position.- Personal history :...
also criticized Toews' comments, writing that Arbour had avoided taking sides in the Middle East
Middle East
The Middle East is a region that encompasses Western Asia and Northern Africa. It is often used as a synonym for Near East, in opposition to Far East...
conflict.
Toews was invited to speak at an event marking the 25th anniversary of the Charter of Rights and Freedoms, but declined.
In November 2007, disgraced businessman and lobbyist Karlheinz Schreiber
Karlheinz Schreiber
Friedrich Karlheinz Hermann Schreiber is a German and Canadian citizen, an industrialist, lobbyist, fundraiser, arms dealer and businessman...
filed an affidavit in Ontario Superior Court that contained serious accusations against former Prime Minister Brian Mulroney
Brian Mulroney
Martin Brian Mulroney, was the 18th Prime Minister of Canada from September 17, 1984, to June 25, 1993 and was leader of the Progressive Conservative Party of Canada from 1983 to 1993. His tenure as Prime Minister was marked by the introduction of major economic reforms, such as the Canada-U.S...
. The Canadian media subsequently reported that Justice officials had prepared a briefing note on Schreiber the previous year, while Toews was still minister. Bureaucrats indicated that neither Toews nor his successor, Rob Nicholson, had read the material. Some columnists suggested that the Conservative ministers may have intentionally avoided briefings on the subject.
Minister responsible for Manitoba
In late 2007, Toews indicated that the Harper government would not prioritize funding for a new football stadium proposed by Winnipeg media mogul David AsperDavid Asper
David Asper is a Canadian businessman and lawyer. He is the former Executive Vice President of the Canadian media company CanWest Global Communications Corp. He is also a Professor at the Robson Hall Faculty of Law at the University of Manitoba.Born in Winnipeg, Manitoba, Asper is the eldest son...
. He later modified his position, and announced in June 2008 that he was interested in moving forward with a revised stadium plan.
Toews's public visibility declined after his reassignment as Treasury Board President, and the Winnipeg Free Press
Winnipeg Free Press
The Winnipeg Free Press is a daily broadsheet newspaper in Winnipeg, Manitoba. Founded in 1872, as the Manitoba Free Press, it is the oldest newspaper in western Canada. It is the newspaper with the largest readership in the province....
reported in May 2008 that he was not playing a prominent role in discussions about the Canadian Museum for Human Rights
Canadian Museum for Human Rights
The Canadian Museum for Human Rights is a national museum currently under construction in Winnipeg, Manitoba, Canada at the historic Forks where the Assiniboine and Red Rivers meet...
in Winnipeg or the proposed football stadium.
Federal Minister of Public Safety
On January 19, 2010, Prime Minister Stephen HarperStephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
announced that Toews would be replacing 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...
as the new Public Safety Minister.
Future plans
Rumours circulated in early 2008 that Toews was planning to retire from politics. In May 2008, it was reported that he was being vetted for a possible appointment to Manitoba's Court of Queen's Bench. Some opposition MPs argued that any such appointment would create a conflict of interestConflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
situation, as Toews has an active role in choosing the oversight committee. Toews was still a Member of Parliament when the 2008 election was called, however, and was re-elected on Oct 14, 2008.
Electoral record
Note: A subsequent investigation by Elections Manitoba found that Toews overspent by $7,500in the 1999 campaign.
All electoral information is taken from Elections Canada
Elections Canada
Elections Canada is an independent, non-partisan agency reporting directly to the Parliament of Canada. Its ongoing responsibility is to ensure that Canadians can exercise their choices in federal elections and referenda through an open and impartial process...
and Elections Manitoba
Elections Manitoba
Elections Manitoba is the non-partisan agency of the Government of Manitoba, responsible for the conduct of provincial elections....
. Provincial election expenditures refer to individual candidate expenses. Italicized expenditures refer to submitted totals, and are presented when the final reviewed totals are not available.
External links
- Vic Toews official site
- Cabinet website