Duffy Trial - Bigger Than You Think!

Whispering in the Wind (WITW 74) May 6, 2015

I’m writing this column not knowing who Alberta’s next premier is and you will be reading the same column knowing who the premier-elect is – an interesting mix-up due to my copy deadline.  So let me describe some of the shenanigans going on in Ottawa as it relates to the Mike Duffy trial and leave the Alberta election results and the consequences for next week’s column.

Duffy Trial – An Expose of Privilege and Interference

The so called Duffy trial is well into its third week of deliberation with no clear end-date in sight.  Witnesses for the prosecution are being put on the stand to castigate Mr. Duffy and his actions, suggesting that his actions were somehow unusual and singular in the Red Chamber.  Mr. Duffy’s defence is more subtle at this stage in the trial, arguing that the rules of conduct within the Senate chamber were ill-defined at best, and virtually non-existent when it comes to application – and most definitely, strongly influenced by outside political forces. 

Arguing With Opinion, Rather Than Evidence

Presently the judge is hearing legal arguments on the tabling of a 2010 Ernst & Young audit report that deals with Senate expenditures.  The prosecution is arguing that the report is hearsay and not relevant in the trial against Mike Duffy.  Further, the prosecution considers the tabling of the document as an infringement of “parliamentary privilege”.  Added to the legal wrangling, Judge Charles Vaillancourt has already expressed some frustration with the prosecution’s strategy and how they are presenting, through witnesses, opinion as evidence.  From my perspective, the prosecution’s strategy and the use of “parliamentary privilege” is a key element in protecting others from prosecution while at the same time win their case against Mike Duffy.  How Judge Vaillancourt rules on the 2010 Senate report is yet to come but it is worth noting, by not tabling the report the public will view the situation as a major cover-up on the part of the Conservative led Senate and interference by the Harper government.  And one cannot forget the yet to be tabled Auditor General Ferguson’s report on Senate expenditures – an investigation that started two years ago.  Mr. Ferguson’s report is expected to be given to the leader of the Senate for consideration in the first week of June. 

A Final Thought

I continue to support the Senate as an extremely important government institution and a major pillar in Canada’s parliamentary system, but the Mike Duffy trial has exposed the Red Chamber as a broken institution that is in desperate need of fixing.  Only Justin Trudeau took reasonable action by declaring Liberal Senators to be Independent and recommending that future Senators be declared with the advice from an independent panal.