Vic Toews met with Peguis lawyer about Kapyong settlement: Court documents

Within months of leaving cabinet, former treasury board president VicToewsmet with with a lawyer representingPeguisFirst Nation on several occasions regarding a settlement of theKapyonglands, according to court documents.

"I think there are reasonable grounds to investigate this situation as a possible violation of the federal conflict of interest law," said DuffConacher, co-founder of Democracy Watch and visiting professor at the University of Ottawa.

Conachersaid federal conflict of interest rules prohibit former cabinet ministers from giving advice on or consulting about confidential information they found out while in government.

It's impossible for them to give advice without knowing what they learned as a cabinet minister, saidConacher.

Toewsresigned from cabinet and federal politics in July 2013.

According to invoices from JeffRath, a lawyer forPeguisFirst Nation,Toewsmet him several times and they spoke on the phone on one occasion between September 25 and November 7, 2013.

Rathsdetailed billing statements include the meetings and phone call withToewsunder the heading 'KapyongMatter.'

An entry dated October 2 reads meet VicToewsre:Kapyongsettlement hearing.

At the time,Rathand other representatives of Manitoba First Nations were meeting with federal officials to discuss the future of theKapyonglands, a former armed forces base that First Nations lay claim to under treaty land entitlements.The first meetingRathnoted withToewswas on September 25, 2013.

PeguisChief Glenn Hudson and businessman DarenJorgensonwere also in attendance, according to the invoice.

Jorgensonwas involved for years in health care ventures with First Nations in Manitoba.

"I offered to Jeff [Rath] and Glenn [Hudson] that perhaps VicToewswould be free for a coffee or drink,saidJorgenson.

They said that's great! If you can set up a meeting with VicToews, make it happen."

Jorgensonsaid they discussed a few topics, including efforts for a development betweenPeguisFirst Nationand the Manitoba Jockey Club atAssiniboiaDowns.

"There was conversation onKapyong, but I would deem it to be more, just in generalfluff. Not really advice," saidJorgenson.

He said at one pointToewsdeclared he could not help withKapyong.

"Vic specifically told all of us that he can't do any consulting on theKapyongfile and he specifically referred us to meet with...suggested we meet with [Winnipeg South Conservative MP] RodBruinoogeand/or [St. Boniface Conservative MP] Shelly Glover," he said.

"Because with him [Toews] leaving those are the most senior Conservative politicians federally in Manitoba."

Jorgensonwas shown JeffRath'sinvoice toPeguisFirst Nationfor what appeared to be subsequent meetings and a phone call withToewsonKapyong.

He said he "wasn't aware of that or party to it," and suggested the document might not be correct.

PeguisChief Glenn Hudson wouldnt comment about the documented meeting orRathsinvoices, but in a statementhe saidPeguisFirst Nation never hired VicToews, nor his common law spouse, for any work on any matter at any time.

As a minister,Toewshad repeated involvement withPeguisFirst Nation over flooding issues and theKapyonglands.

He was president of the federal treasury board in 2007, when the department turnedKapyongover to the Canada Lands Corporation to oversee the land's redevelopment and resale.

Toewswas named in subsequent lawsuits and appeals of that decision by a group of First Nations that includedPeguisas late as 2013.

In several cases, judges ruled the government failed to consult the First Nations, or even communicate properly with themon the sale of the former Canadian Forces base.

It has now been more thana year and a half and the decision on the latest appeal has still not been rendered.

There are ongoing proceedings that Mr.Toewswas involved in and you can't switch sides, saidConacher, adding the ban on sharing information and giving advice using that information applies whether you are paid or unpaid.

Jorgensonsaid he's not sure if anyone at the meeting askedToewsdirectly to work on theKapyongfile, but he said the former cabinet minister was clear that he could not assist.

Toewsdid entertain the possibility of working onPeguissbid to entera joint venture to purchase and develop theAssiniboiaDowns racetrack, recalledJorgenson.

• New hotel, retail space planned for AssiniboiaDowns

Toewswas registered as a provincial lobbyist in Manitoba for four months starting at the end of October 2013.

Filings showed he was registered to lobby the province about gaming and lotteries issues on behalf ofRathwhen he was employed as a lobbyist by his spouses company.

Jorgensonsaid he had numerous emails withRathabout a meeting with Conservative MP RodBruinoogeon theKapyongfile and never once wasToewscopied on the emails or mentioned when he andRathspoke about it.

The invoice toPeguisdid include notations about meetingBruinooge.

Rathsinvoices were submitted as part of an application for an assessment of a lawyers billPeguisFirst Nationfiled againstRathin Manitobas Court of Queens Bench last December.

In a written statement,PeguisFirst NationsaidRathbilled approximately $3.2 million over three and a half years ending in fall 2014.

PeguisterminatedRathlast fall and the First Nation seeks to negate any contingency arrangements currently in effect, according to a written statement issued byPeguisFirst Nation.

Rath, Toews and Hudson's responses

CBC News repeatedly askedRathto confirm the accuracy of the billing statements.

He said he cannot comment because they are subject to solicitor-client privilege.

A court official sent an email on behalf ofToews.

Asa sitting judge, it would not be appropriate for JusticeToewsto comment on your inquiry. Furthermore, your question relates specifically to the subject of ongoing litigation, it said.

Toewswas appointed judge of the Manitoba Court of Queens Bench in March2014.

Conacher said it is not surprising to see situations like this arise since the federal conflict of interest rules carry no penalty.

The ethics commissioner is essentially a lap dog in many cases, he said, adding she is not watching and auditing former government officials to see if they are following conflict of interest rules.

Excerpts from Jeff Rathinvoice to Peguis First Nation

9/25/2013 Attend at settlement meetings; meeting Vic Toews; Darren (sic)Jorgenson and Chief Hudson

10/01/2013 Prepare settlement proposal; meeting with Vic Toews re: same

10/02/2013 Meet Vic Toews re: Kapyong settlement hearing; prepare settlement proposal

11/6/2013 Draft email to Rod B, meeting Vic Toews re: settlement; review and revise settlement agreement

11/7/2013 Calls to Darren Jorgensen (sic), Vic Toews re: settlement, revise treaty settlement docs