Vic Toews

Hon. Victor Toews
Member of Parliament for Provencher
Incumbent
Assumed office 2000 election
Preceded by	David Iftody
Personal details
Born	(1952-09-10) September 10, 1952 Filadelfia, Paraguay
Political party	CPC
Spouse	Lorraine Toews
Residence(s)	Steinbach, Manitoba
Profession	Counsel, lawyer
Cabinet	President of the Treasury Board

Victor "Vic" Toews, PC, MP [teıvz] (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 President of the Treasury Board. Toews previously served in the Legislative Assembly of Manitoba from 1995 to 1999, and was a senior cabinet minister in the government of Gary Filmon. He is a member of the Conservative Party of Canada.

Early life and career

Toews was born to a Mennonite family in Filadelfia, Paraguay, and moved to Manitoba with his family in 1956. He received a Bachelor of Arts degree in History from the University of Winnipeg in 1973, and a Bachelor of Laws degree from the University of Manitoba in 1976.

Toews 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 in this capacity advised the Manitoba government on the Meech Lake Accord. He also presided over an expansion of police powers in matters relating to drunk driving offenses.

Toews was hired by the University of Manitoba as a lecturer in 1987, and taught classes in labour law and employment law. He left the Attorney-General's office in 1991 to become an associate counsel for Great-West Life Assurance, and was given a leave of absence in 1995 when he entered political life.

In 1994, Toews spoke out against a decision by Ontario's New Democratic Party government to prohibit protests outside abortion clinics. He described the decision as "almost unbelievable" and argued that the Rae government was "challenging ... a constitutionally held right", in a manner "consistent with their social agenda."

Provincial politician

Toews joined the Progressive Conservative Party of Manitoba in 1989, and first campaigned for office in the 1990 provincial election. He ran in the northwest Winnipeg constituency of Elmwood, historically a safe seat for the New Democratic Party, and lost to incumbent Jim Maloway. Toews campaigned for the Progressive Conservatives a second time in the 1995 provincial election, and narrowly defeated NDP incumbent Harry Schellenberg in the north-end Winnipeg constituency of Rossmere.

Minister of Labour

Toews was appointed to the Filmon cabinet immediately after the election, becoming Minister of Labour on May 9, 1995. He was also given responsibility for the Civil Service Act, Civil Service Superannuation Act, Civil Service Special Supplementary Severance Benefit Act, Public Servants Insurance Act and Workers Compensation Act. During his debut speech to the legislature, Toews said that his political philosophy was partly influenced by leaders of Canada's social democratic movement.

Toews had a difficult relationship with organized labour, and was sometimes accused of promoting anti-labour policies. He introduced the controversial Bill 26 in early 1996, which required unions to disclose the salaries of their officials and indicate how membership dues were spent. It further required that union certification votes take place within seven days of an application, and granted employees the right to prevent their dues from being donated to political parties. The last proposal was strongly opposed by the New Democratic Party, which had historically received significant union donations. NDP leader Gary Doer argued that the bill unfairly targeted his party, and suggested that corporate shareholders should be given the same right to shield their investments from party donations (an initiative more likely to weaken Progressive Conservative fundraising efforts). Toews denied that his bill was anti-labour, and argued that it provided greater autonomy to individual workers.

Toews's ministry proposed the privatization of home-care delivery services in 1996. This initiative was opposed by many in the field, and led to an extended protest strike from sector workers. Some opposition members suggested Toews may have been in a conflict-of-interest situation on this issue, as Great-West Life Assurance had plans to enter the home-care industry once privatization was completed. Several other strikes occurred throughout 1996, leading one journalist to describe it as "the busiest year for picketing since the 1919 Winnipeg General Strike".

Toews cancelled the provincial Payment of Wages Fund in July 1996, arguing that it was not achieving its stated purpose. The fund had been created to allow workers to collect revenues from employers who had gone into 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

Toews quickly 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 and random drug tests on inmates, and to monitor prisoners's 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 opposed conditional sentencing, and discouraged its practice in Manitoba.

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 as evidence. In early 1998, the Filmon government proclaimed a Victims' Rights Act. Both the Justice Ministry and the opposition New Democrats subsequently endorsed the principle of a Victims' Bill of Rights, which was passed into law later in the year.

Toews often criticized the federal Liberal government's record on crime issues, but he nevertheless gave his support to a number of federal proposals. In March 1997, he endorsed a plan by federal Justice Minister Allan Rock to give the police greater powers to target outlaw biker gangs. The following year, he stood with federal minister Lloyd Axworthy to announce a plan discouraging court sentences for non-violent aboriginal offenders. Toews argued that the proposal was "sensitive to the needs of the aboriginal community", and would reduce the number of repeat offenders. He later supported a proposal for the integration of an aboriginal healing lodge into the provincial prison system.

Toews was more reluctant to cooperate with the federal government on other issues. He announced in 1997 that Manitoba would not enforce or administer the newly-created Canadian gun registry. Two years later, he described changes to the federal Young Offenders Act as both ineffective and too expensive.

Toews's relationship with the judiciary was often fractious. He delivered a speech to the Alberta Summit on Justice in 1999 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". Later in the year, a provincial judge criticized Toews for what she described as "misleading and inaccurate" remarks about judicial appointments and the daily schedules of judges.

Other policy decisions

In May 1999, Toews announced that Manitoba would accept a Supreme Court of Canada decision granting spousal benefits to same-sex couples.

Criticism

Both Toews and his ministry were frequent targets of opposition criticism between 1997 and 1999. The New Democrats alleged that Crown offices were underfunded, and suggested that the Crown's ability to perform its prosecutorial duties was compromised. These concerns became especially prevalent after June 1997, when the Manitoba Court of Appeal allowed a man who admitted to having sexual intercourse with a twelve-year old girl serve his sentence in the community rather than in prison. In making its decision, the court argued that the girl was a willing participant and possessed enough sophistication to consent. Toews expressed serious concerns about the trial's outcome, and filed leave to appeal the case to the Supreme Court of Canada.

Toews's decision to appeal was not controversial, but the Crown's handling of the original case soon became a source of debate. NDP Justice Critic Gord Mackintosh observed that the Crown never challenged defence claims that the girl consented to the act. The New Democrats argued that departmental underfunding had led to a lax prosecution, and suggested that Toews should take ministerial responsibility for the failure. Four years later, an internal review found that the Crown's performance in the case had been substandard.

Toews was also accused of misusing the powers of his office on at least two occasions. In May 1998, he was accused of interfering with the work of a judicial appointment committee by requesting that two names be added to a list of proposed judges. He denied any wrongdoing, and said he had only acted to ensure that more bilingual judges would be appointed to the bench.

The second controversy was potentially more serious. During a legislative debate in June 1999, Toews accused NDP Justice Critic Gord Mackintosh of repeatedly calling the province's Street Peace gang hotline only to hang up before leaving a message. The announcement itself was not particularly noteworthy, but questions soon surfaced as to how Toews had obtained the information, as calls to the hotline were meant to be confidential and anonymous. He eventually acknowledged that calls from government buildings had been tracked, and that he had received Mackintosh's name from a member of his department. Premier Filmon described Toews's conduct as inappropriate, but did not remove him from office. Toews was also forced to admit that the hotline itself had gone unanswered for several months.

These controversies notwithstanding, Toews remained one of the most prominent figures in the Filmon government.

1999 election

The Progressive Conservatives were defeated in the 1999 provincial election 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 constituency, and likely contributed to Schellenberg's victory. Toews returned to work with Great-West Life Assurance in 1999-2000.

Federal politician

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 Canada and the centre-right Progressive Conservative Party of Canada, although he did not openly endorse the United Alternative initiative when it was first announced in 1999. In May 2000, he expressed interest in working with the Canadian Alliance, a newly-formed 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 later supported 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 for Provencher, a predominantly rural riding in southeastern Manitoba. He defeated Liberal incumbent David Iftody by a significant margin in the general election. The Liberals won a national majority, and Toews was appointed Justice Critic in the opposition shadow cabinet.

The Canadian Alliance was weakened by internal divisions in mid-2001, as several MPs called for party leader Stockwell Day's resignation. Toews did not take a strong position for or against Day's leadership, but called 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 candidacy of Jim Prentice, a PC leadership candidate who favoured cooperation with the Alliance. Toews denied this constituted interference, and said that members of the two parties should be encouraged to work together.

Policy views

As Justice Critic from 2001 to 2005, Toews frequently accused the Liberal government of being unfocused on crime issues. He supported the government's decision to create a national sex offender registry in 2002, but later criticized the registry for not being made retroactive to include the names of previously convicted offenders. He called for mandatory minimum sentences, and stricter parole requirements for violent offenders.

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 to the public before they take office.

The 20th anniversary of the Canadian Charter of Rights and Freedoms was marked in 2002. Toews spoke favourably of the Charter as "a powerful check on the power of government to unreasonably intrude on our rights and freedoms", and 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 the decision, without resorting to the Notwithstanding Clause.)

Initially considered a moderate in the Canadian Alliance, Toews he later became known for endorsing several socially conservative causes. He is a vocal opponent of same-sex marriage, and has argued that changing the definition of marriage in Canada could result in bigamy being legalized. In 2005, he launched an extended filibuster to delay committee work on the same-sex marriage issue. Toews was also a vocal opponent of Bill C-250, which was brought forward in 2003 to make sexual orientation a protected category under Canada's hate crime legislation. He argued that the bill could restrict freedom of expression and religion, and was quoted as saying that a "homosexual activist" could sue a hotel chain for the removal of Bibles as hate literature.

Toews also argued that religious organizations should be permitted to deny gay organizations the use of their facilities, and supported increasing the age of sexual consent in Canada from fourteen to sixteen. He continued to oppose the federal gun registry, and opposed the decriminalization of cannabis.

Conservative MP

The Canadian Alliance and Progressive Conservative parties merged to form the Conservative Party of Canada in 2004. Toews joined the new party, and worked as a Manitoba organizer for Stephen Harper in the latter's successful bid to become its first elected leader. He was easily returned in the 2004 general election, in which the Liberals were reduced to a minority government, and was retained as Justice Critic in the parliament that followed.

Toews delivered a speech to the National Pro-Life Conference entitled "Abuse of the Charter by the Supreme Court" in September 2004. He criticized judicial implementation of the Charter of Rights and Freedoms, argued that judges were implementing social policy, and called on his audience to build organizations to challenge the courts.

On January 25, 2005, Toews pleaded guilty to the charge of exceeding personal campaign expense limits in the 1999 provincial election. Toews claimed that the overspending resulted from a miscommunication between his campaign and the provincial party as to how some expenses were accounted. There were some calls for him to resign as his party's justice critic, but nothing came of this. Toews received a $500 fine, and the charge remains 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, however, and was instead returned without difficulty in the 2006 Canadian federal election.

Federal Minister of Justice

The Conservatives won a minority government in the 2006 election. On February 6, 2006, Prime Minister Stephen Harper appointed Toews to cabinet as Canada's Minister of Justice and Attorney-General.

Criminal justice

As Justice Minister, Toews introduced a total of twelve bills relating to Canada's criminal justice system. He introduced two bills in May 2006, requiring mandatory minimum prison sentences for persons convicted of gun crimes and eliminating conditional sentences for various offenses. Some opposition MPs and journalists have criticized these measures, arguing that such reforms in other jurisdictions have not resulted in lower crime rates. Toews has questioned this assessment. Opposition parties amended the second bill in October 2006, keeping the ban on conditional sentences for serious violent and sexual offenders but giving the option of house arrest for non-violent property offenders. NDP Justice Critic Joe Comartin argued that this change addresses the legitimate concerns of Canadians, while removing what he described as "the radical, extreme over-reaction" of the Conservatives. Toews has 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 includes a "reverse-onus" clause which requires the accused to demonstrate why they should not be held in custody. Ontario Premier Dalton McGuinty and Toronto Mayor David Miller have indicated their support for the proposal.

Toews has also moved to raise the age of sexual consent from fourteen to sixteen. "Sexual consent" under Canadian law covers all activities from kissing to intercourse. Liberal MP Irwin Cotler has argued that the Conservative Party is misrepresenting the issue to the Canadian public, noting that the sexual exploitation of persons under eighteen is already illegal under Canadian law. Other interested parties, including Manitoba Justice Minister Gord Mackintosh, support the age increase. The bill was introduced in June 2006, and included an exemption for adolescents who have sexual relations with persons no more than five years older than themselves.

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 automatically be 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 argue that the proposed law is too broad in its scope, and includes vaguely-defined categories in its list of serious offences. Civil libertarian groups have also argued that the bill threatens the constitutional principle of accused persons being presumed innocent until proven guilty, suggesting 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 for the youngest offenders, although he did not rule out jail sentences for ten year-olds. A Justice Department spokesman later indicated that there were no plans for such legislation, and that Toews was simply musing aloud on plans for youth justice reform.

In October 2006, Toews announced plans to introduce more severe sentencing provisions under the Youth Criminal Justice Act. Media reports indicate that Toews's proposals include the possibility of jail sentences for children as young as twelve.

Toews has introduced other reforms. In June 2006, he brought forward amendments to expand Canada's collection of DNA samples from convicted criminals. He also confirmed that his government will arm guards posted at the Canada-United States border, and has said that the Conservatives will not revive plans by the previous Liberal administration to decriminalize simple possession of cannibis. Arrests for cannabis possession were reported to have increased following the Conservative Party's 2006 victory. In November 2006, MPs from all parties fast-tracked passage of a bill toughening penalties for street racing. In November 2006, Toews introduced a bill to give police extra powers against persons who drive while under the influence of drugs.

Later in the same month, Toews introduced a bill intended to crack down on drug-impaired driving. The Liberals had introduced a similar bill while in government, although the Conservative proposal has more severe penalties. One of the bill's most controversial aspects is its stipulation of jail sentences for drivers who refuse to provide blood or urine samples, a provision which some in the legal community consider invasive and unconstitutional. Others have argued that testing methods for drugs such as marijuana are unreliable. Toews has dismissed these criticisms, arguing that the bill is based on legislation introduced in the United States of America during the 1980s.

Provincial justice ministers have expressed concern about the costs of Toews's proposed sentencing reforms. Toews acknowledges that his government's gun laws will cost $246 million per year for new prison space and $40 million for operating costs, but argues that the changes are necessary and have been requested by police and provincial officials.

Liberal MP Michael Ignatieff has argued 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. He has said, "If the net effect of (federal Justice Minister) Vic Toews' criminal justice measures is to add 3,000 or 4,000 people to the federal prison system in Canada, then a whole bunch more to the provincial system, can we honestly say we're going to be safer?" Former Ontario Chief Justice Patrick LeSage has also criticized Toews's approach to crime issues, arguing that the country is not experiencing a "crime wave" and does not need "draconian" laws to ensure its safety.

Generally, opposition parties often complained that Toews's proposed reforms were too ideological in nature. Only two of Toews's bills were passed by parliament during his tenure as Justice Minister.

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. This policy change was criticized by Supreme Court Chief Justice Beverley McLachlin and former justice John Major, who expressed concern that such 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.

Toews announced in November 2006 that police representatives would be appointed to provincial judicial advisory committees, which review the qualifications of potential judges. This proposal was widely criticized by the Canadian media and by opposition MPs, some of whom believe that Toews's intent is 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 calling 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.

Toews indicated that he would proceed with his changes despite the opposition. However, he was removed from the Justice portfolio before the new system was implemented. Ontario Chief Justice Roy McMurtry and Attorney General Michael Bryant added their opposition to Toews's proposals in early 2007, with Bryant arguing that the "the forces of legal populism" were threatening to "tear asunder the basic principle of judicial independence".

In January 2007, the Conservatives appointed two powerful Ontario police union leaders to the advisory committees.

Other matters

In late October 2006, an Ontario Superior Court Judge struck down part of Canada's Security of Information Act as unconstitutional. The law was previously used to permit the Royal Canadian Mounted Police to obtain search warrants for the home and office of Ottawa journalist Juliet O'Neill, who received and published leaked information about the case of Maher Arar. Later 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 his government would not appeal the O'Neill decision. No decision has been made on the second ruling.

Toews called a judicial inquiry into the 1985 Air India bombing in late February 2006. He later introduced legislation allowing provincial governments to regulate Canada's burgeoning payday loan industry. Toews abolished the Law Commission of Canada in late 2006, arguing that the government could commission other agencies to do its research work.

In December 2006, the House of Commons defeated a motion to reopen the debate on same-sex marriage. Toews supported reopening the debate, but later said that his government would not revisit the issue again. Later in the same month, 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 section often 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.

During 2006, Toews was involved in the preparation of draft legislation relating to religious rights and freedom of speech in relation to same-sex marriage. There has been speculation that this legislation was meant to protect the free-speech rights of religious leaders and others who criticize homosexual behaviour. The legislation was never brought forward.

President of the Treasury Board

Prime Minister Stephen Harper shuffled his cabinet on January 4, 2007, and named 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 Rob Nicholson, his replacement, as a more moderate figure. One of Toews's most important priorities is oversight of the Federal Accountability Act, which was recently passed into law by parliament. In his first major speech as President of the Treasury Board, Toews announced increased penalties and longer jail terms for bureaucrats who commit fraud against the government.

Toews was criticized in February 2007 after Public Safety Minister Stockwell Day appointed Patricia Haasbeek to the National Parole Board of Canada. Haasbeek's husband is a former leader of the Winnipeg police union, and has been a prominent aide to Toews over a period of several years. Toews has said that he did not interfere in the appointments process.

Also in February 2007, the Treasury Board has doubled the official wait time for government polls and surveys to be released to the public, and Toews announced that the Canadian Wheat Board would be subject to the Access to Information Act. The following month, Toews received a recommendation for a $170-million pilot project to reduce inefficiencies in the government's internal administration system. If accepted, the plan will require five departments to share administration services and technology systems.

Toews was invited to speak at an event marking the 25th anniversity of the Charter of Rights and Freedoms, but declined.

Trivia

• When asked in 1996 about his reading preferences, Toews said that he recently re-read Paul Bowles's The Sheltering Sky. He is also a fan of the Winnipeg Fringe Festival.
• Toews bears a passing physical resemblance to Jack Layton, leader of the federal New Democratic Party. He temporarily shaved off his moustache in 2003 to prevent confusion. He later took part in a comic sketch with Layton at the 2004 Parliamentary Press Gallery Dinner.
• Toews is an avid long-distance runner, and has participated in several marathons.

Table of offices held

Template:Ministry box 28 Template:Ministry box/Filmon

External links

• Official website

Electoral record

Note: A subsequent investigation by Elections Manitoba found that Toews overspent by $7,500
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.