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Supreme Court docket of Canada will not hear Mike Duffy’s appeal

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Supreme Court docket of Canada will not hear Mike Duffy’s appeal

The Supreme Court docket of Canada will not hear Sen. Mike Duffy’s topic of a ruling that prevents him from suing the Senate for suspending him.

The resolution could maybe maybe even be a deadly blow to Duffy’s efforts to wrest $7.8 million in damages from the Senate, RCMP and federal authorities.

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Duffy filed a lawsuit following a excessive-profile investigation of his expense claims, which culminated in the Prince Edward Island senator’s acquittal on 31 prison funds in 2016.

In slack 2018, an Ontario court docket ruled the Senate’s resolution to droop Duffy change into once stable by parliamentary privilege, a ruling upheld on appeal, successfully blocking off his repeat to sue.


Click to play video 'Senator Mike Duffy avoids questions about possible lawsuit against Senate'



Senator Mike Duffy avoids questions about doable lawsuit against Senate


Senator Mike Duffy avoids questions about doable lawsuit against Senate – Jun 27, 2018

Of their submission to the Supreme Court docket, Duffy’s lawyers acknowledged he change into once the sufferer of arbitrary abuse of energy by public officials, which is anathema to the rule of thumb of law.

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Lawyers for the Senate argued parliamentary privilege performs a necessary aim in affirming the separation of powers between the legislative, government and judicial branches regarded as significant to Canadian democracy.

As long-established, the Supreme Court docket gave no reasons Thursday for refusing to grant Duffy leave to appeal.

Duffy change into once named to the Senate on the advice of then-top minister Stephen Harper in 2008, but he left the Conservative caucus in May 2013 and now sits with the Unbiased Senators Group.

He change into once suspended in slack 2013 without pay, a circulation that Duffy’s lawyer Lawrence Greenspon argues change into once politically motivated.

Greenspon says Harper’s office threatened Duffy that he could maybe maybe be kicked out of the Senate except he admitted to inadvertently abusing his expense memoir and repaid $90,172 in housing prices.

The Senate maintains it change into once exercising professional authority to self-discipline one of its hold.

Following Duffy’s acquittal, the Senate refused to reimburse his misplaced wage or quilt his lawful funds and demanded that he repay nearly $17,000 in disputed prices.


Click to play video 'After Duffy, what’s next for other senators under scrutiny?'



After Duffy, what’s subsequent for other senators beneath scrutiny?


After Duffy, what’s subsequent for other senators beneath scrutiny? – Apr 22, 2016

Duffy’s submission to the pause court docket acknowledged three key questions remain unanswered:

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  • To what extent enact the classic Canadian constitutional rules of the rule of thumb of law limit the scope of the Senate’s immunity in a case such as this?
  • Does the Senate devour statutory authority to decide on away a senator’s wage, housing and per diem allowances for days residing far from his dwelling province?
  • Does the unelected Senate devour peculiar jurisdiction to adjudicate constitution claims against it?

“No privilege exists or is of ample scope to oust the jurisdiction of the courts or to immunize the Senate’s misconduct in this case,” Duffy’s lawyers argued.

The Senate, on the different hand, acknowledged these questions are settled, provided that privilege shields parliamentary selections relating to the employ of sources by, and self-discipline of, contributors.

Duffy’s argument portions to an assertion that issues in another case clearly stable by parliamentary privilege will lose that safety, and invite judicial review, if the actions are supposed to be sufficiently wrongful, the Senate submission acknowledged.

“This argument has been over and over regarded as and uniformly rejected by this Court docket and across other Commonwealth jurisdictions.”

© 2021 The Canadian Press

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Supreme Court docket of Canada will not hear Mike Duffy’s appeal