Mike Duffy trial: Your Senate expenses primer
Suspended senator's trial starts more than 2 years after first reports of misspending surfaced
The long-awaited trial of suspended senator Mike Duffy has been a long road from the initial reports that raised questions about his living-expense claims and half a lifetime since his arrival on Parliament Hill as anambitiousjournalist fresh from the East Coast.
As Duffy finally getshischance to clear his well-knownname, here are sevenfacts you need to know as his trialbegins.
It starts at home
In December2012, the Ottawa Citizen reported Duffy had claimed more than $33,000 in living expenses for his home and meals in the National Capital Region, despite having lived in Ottawa since the 1970s. Property records also showed Duffy and his wife had bought their home inKanata, a suburb west of the city's core, more than five years before he was appointedas a senator from Prince Edward Island.
Senators and MPs who live morethan 100 kilometres outside of the National Capital Region are allowed to claim up to $22,000to cover their accommodation and meals when they're in Ottawa, since they're also expected to maintain a home in the province from which they are appointed their primary residence.
A primary residence was determined simply by having the senatorcheck a box and sign a declaration, although the Senate internal economy committee requested proof from all members of the Red Chamberafter three senators had their primary residences questioned.
Duffy applied for a Prince Edward Island health card just after the committee requested proof of residency.
The NationalCapital Region includesOttawaandGatineau, Que., which is across the Ottawa River from Parliament Hill.
31 charges
It wasn't clear how much Duffy had inappropriately claimed until he announced he had repaid it:$90,124.27.
The initial internal audit kicked off a series of events that eventually ended the political career ofNigel Wright, Prime Minister Stephen Harper's chief of staff, forced Duffy out of the Conservative caucus and then led to his suspensionfrom the Senate and31charges against him. Wright resigned after a media report revealed he provided the cash that Duffy used to repay the expenses he'd claimed since he was appointed.
The chargesinclude:
- One count each of fraud and breach of trust related to his residency expenses.
- Nine counts of fraud and nine counts of breach of trust for expenses unrelated to Senate business.
- Four counts of fraud and four counts of breach of trust related to the awarding of consulting contracts.
- One count each of bribery, frauds on the government and breach of trust related to the $90,000 payment Duffy received from Wright.
Duffy's lawyer says there was no criminal wrongdoing. Duffy told CBC News last July thatCanadians will understand once his story is told in court that he hasn't breached the Criminal Code.
Nigel Wright faces no charges
The RCMPsaid "theevidence gathered [did] not support criminal charges against Mr. Wright," despite charging Duffy for taking the$90,000 Wright offered him. Lawyers told CBC News that it comes down to whether there wasa "corrupt intention."
PMO insiders could testify
Some of Prime Minister Stephen Harper's closest former advisers will appear as Crown witnesses at Duffy's trial, including:
- Nigel Wright, Harper's former chief of staff.
- David vanHemmen, Wright's former executive assistant.
- BenjaminPerrin, who acted as the prime minister's lawyer.
None of the men currently works in the Prime Minister's Office.
A number of Conservativesenators could be called to testify, including:
- Marjory LeBreton, thengovernment leader in the Senate.
- David Tkachuk, thenchairof the internal economy committee.
- Carolyn Stewart-Olsen, member of the internal economy committee.
The Toriesknew Duffy wanted money
Conservative Senator Irving Gersteintold the party's supporters in November2013that the party declined to pay Duffy's disputed Senate expenses.
Gerstein chairs the Conservative Fund of Canada, the party's fundraising arm, and at the 2013 Conservative convention he said that he told Wright the party wouldn't give Duffy the money.
RCMP court filings allegeGerstein was discussing the possibility of paying back up to $30,000 of Duffy's expenses, but thatwas the first time anyone from the party mentioned the discussion. It was Duffy who revealed through a speech in the Senate, later backed up with copies of cheques, that the party covered some of his legal expenses.
Gersteinconfirmed in the same speech that the fund covered Duffy's legal fees, which came to $12,000 plus HST.
Trial by judgealone
Duffy has chosento be tried by judge rather than by jury. That's not unusual for a case with heavy media attention where it's thought to be difficult to find a dozenimpartial jurors.There are also bound to be technical arguments regarding the Senate spending rules and reams of documents that could be difficult for a jury to follow.
The trial could last41days ... or more
Vaillancourt scheduled 41days for the proceeding, which is set to run April 7 to May 12 and June 1 to 19. That doesn't mean it will wrap up automatically by June 19: delays are common during trials, so it's possible the case will stretchbeyond then.