Canada Kicks Ass
Duffy's Repayment May not Have Been a Scandal Without PMO's

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PublicAnimalNo9 @ Tue Aug 25, 2015 5:29 am

The law is not ambiguous on this aspect as far as Duffy's expenses go. Nobody can have more than ONE principle residence in Canada. You can own as many houses as you like but only one can be designated as your principle residence at any time, and for good damn reason.
The law is no different for Senators.

   



garryb @ Tue Aug 25, 2015 5:51 am

A perfect example of why I have been going to the polls for 25 years, holding my nose, and voting for the candidate I dislike the least

   



DrCaleb @ Tue Aug 25, 2015 6:20 am

Thanos Thanos:
Didn't cost a penny of taxpayer money therefore it's not a scandal. And Duffy/Wallin/Brazeau all got booted ASAP, as opposed to Liberal senators that get to live in their Mexican beach houses and not even show up for work for ten years before they get in trouble.


Aren't you the one always railing against the corruption in government? Yet we have Nigel Wright on the witness stand detailing which lies Prime Ministers office will tell Canadians - and there's no scandal? 8O Duffy and Wallin (I think, I know Duffy is) are also back in the Senate, as the election writ also means their suspensions are ended.

Harper started back in the Reform party rallying against the Senate, wanting a "Triple E" and more accountable Senate. Now his staff are making a guy pay back money he had approved expenses for, and that the rules allowed! So he's worried that the 'optics' might make the party look bad, and instead of using the obviously flawed rules of the Senate as another nail in it's coffin he decides to sweep it under the rug - and there's no scandal?

Harper and the Prime Ministers office are shown to be intentionally influencing a third party auditor to produce the audit results that favour the Party - and there's no scandal? Harper has been shown to be directly influencing the Senate, which is supposed to be an independent body - and there's no scandal?

There have been some bad Senate scandals before, like the Senator from Cancun, but myself, I never thought Duffy did anything wrong and couldn't care less about the $90k. It's all the other backroom bullshit that pisses me off!

andyt andyt:
What pisses me off is the bullshit that Harper didn't know what was going on.

Duffy is charged with accepting a bribe - that's illegal. Makes no sense to not charge Wright as well. I don't believe their intent was criminal, but they broke the law.

As usual, the cover up causes far more damage than the original actions.


Harper is damned if he knew, and damned if he didn't. He such a known control freak, it would be over the top to think his chief of staff didn't let him know that the party wasn't going to cover Duffy's expenses. If he knew, he's lying. If he didn't, he should have known because he is the leader of his party!

If everyone had just accepted that Duffy's expenses were approved, according to the fucked up rules of the Senate, there would be no scandal! Harper could instead use the 6 Senators as evidence of the need for Senate reform. Instead we have the shit river flowing from the PMO, and 130 Senators who are probably doing a good job and don't need to be reformed!

   



OnTheIce @ Tue Aug 25, 2015 1:34 pm

DrCaleb DrCaleb:
Thanos Thanos:
Didn't cost a penny of taxpayer money therefore it's not a scandal. And Duffy/Wallin/Brazeau all got booted ASAP, as opposed to Liberal senators that get to live in their Mexican beach houses and not even show up for work for ten years before they get in trouble.


Aren't you the one always railing against the corruption in government? Yet we have Nigel Wright on the witness stand detailing which lies Prime Ministers office will tell Canadians - and there's no scandal? 8O Duffy and Wallin (I think, I know Duffy is) are also back in the Senate, as the election writ also means their suspensions are ended.

Harper started back in the Reform party rallying against the Senate, wanting a "Triple E" and more accountable Senate. Now his staff are making a guy pay back money he had approved expenses for, and that the rules allowed! So he's worried that the 'optics' might make the party look bad, and instead of using the obviously flawed rules of the Senate as another nail in it's coffin he decides to sweep it under the rug - and there's no scandal?

Harper and the Prime Ministers office are shown to be intentionally influencing a third party auditor to produce the audit results that favour the Party - and there's no scandal? Harper has been shown to be directly influencing the Senate, which is supposed to be an independent body - and there's no scandal?

There have been some bad Senate scandals before, like the Senator from Cancun, but myself, I never thought Duffy did anything wrong and couldn't care less about the $90k. It's all the other backroom bullshit that pisses me off!

andyt andyt:
What pisses me off is the bullshit that Harper didn't know what was going on.

Duffy is charged with accepting a bribe - that's illegal. Makes no sense to not charge Wright as well. I don't believe their intent was criminal, but they broke the law.

As usual, the cover up causes far more damage than the original actions.


Harper is damned if he knew, and damned if he didn't. He such a known control freak, it would be over the top to think his chief of staff didn't let him know that the party wasn't going to cover Duffy's expenses. If he knew, he's lying. If he didn't, he should have known because he is the leader of his party!

If everyone had just accepted that Duffy's expenses were approved, according to the fucked up rules of the Senate, there would be no scandal! Harper could instead use the 6 Senators as evidence of the need for Senate reform. Instead we have the shit river flowing from the PMO, and 130 Senators who are probably doing a good job and don't need to be reformed!


So you don't seem to care of money is stolen from taxpayers, as you've been far less vocal (if vocal at all) when the Federal NDP or Provincial Liberals steal money from taxpayers but you get absolutely outraged when someone lies about paying BACK taxpayers for money they stole?

And we wonder why we get the governments we do....

   



Thanos @ Tue Aug 25, 2015 2:49 pm

DrCaleb DrCaleb:
Thanos Thanos:
Didn't cost a penny of taxpayer money therefore it's not a scandal. And Duffy/Wallin/Brazeau all got booted ASAP, as opposed to Liberal senators that get to live in their Mexican beach houses and not even show up for work for ten years before they get in trouble.


Aren't you the one always railing against the corruption in government? Yet we have Nigel Wright on the witness stand detailing which lies Prime Ministers office will tell Canadians - and there's no scandal? 8O


The money was paid back and the taxpayers didn't have to cover the tab. That should have ended the saga right there. If the Liberal party had paid up and covered the costs for Shawinigate and Adscam out of their own party coffers then maybe the Chretien regime would have ended up so badly disgraced as it did. I support Duffy being investigated and charged but this stuff about having an inquisition on the PM and the PMO is just ridiculous. They covered Duffy's bills after the arrogant old shit screwed up. The taxpayer was reimbursed. What is trying to be done here anyway? Find a memo or e-mail from Harper himself to Duffy that says "spend what you want, Mike, it's no big deal"? If anything Wright did the radical, and correct, thing by paying Duffy's bills instead of it ending up at public cost in the usual way the good ol' Ottawa two-step is done.

And, BTW, if money is actually paid back instead of "lost" or outright stolen then it doesn't count as corruption.

   



JaredMilne @ Tue Aug 25, 2015 7:42 pm

Thanos Thanos:
The money was paid back and the taxpayers didn't have to cover the tab. That should have ended the saga right there. If the Liberal party had paid up and covered the costs for Shawinigate and Adscam out of their own party coffers then maybe the Chretien regime would have ended up so badly disgraced as it did. I support Duffy being investigated and charged but this stuff about having an inquisition on the PM and the PMO is just ridiculous. They covered Duffy's bills after the arrogant old shit screwed up. The taxpayer was reimbursed. What is trying to be done here anyway? Find a memo or e-mail from Harper himself to Duffy that says "spend what you want, Mike, it's no big deal"? If anything Wright did the radical, and correct, thing by paying Duffy's bills instead of it ending up at public cost in the usual way the good ol' Ottawa two-step is done.

And, BTW, if money is actually paid back instead of "lost" or outright stolen then it doesn't count as corruption.


The problem is that this whole gong show was orchestrated by the PMO to keep Duffy from being held to account for charging the taxpayers for expenses he shouldn't have. In the process, they were also trying to cover up the fact that Mike Duffy may have been ineligible to represent Prince Edward Island in the first place.

In other words, Stephen Harper may have violated the Constitution by appointing Duffy as a Senator from PEI.

Don't believe me? Here's Stephen Harper's original interpretation of the Constitution:

$1:

As I explained last week, Stephen Harper’s analysis was contained in a newly revealed email from Feb. 19, 2013. In that missive, Ray Novak relays Harper’s estimation that a senator should be considered a “resident” of the place they were appointed to represent (a requirement written into the Constitution Act of 1867) so long as he or she owns property in the province or territory he or she was appointed to represent (another requirement written into the Constitution).

“As long as they maintain a residency in their province, as per tradition, we will deem that as sufficient for this purpose (as opposed to expenses), i.e. the property requirement = residence,” the Prime Minister apparently wrote in response to a memo from his staff.

Novak relayed that to Harper’s other top advisers at 10:22 a.m. on Feb. 19. Perrin’s response was sent just 33 minutes later.

“I point out for your information only that this approach may appear to run counter to the basic interpretative principle of a presumption against redundancy – deeming through interpretation one qualification to satisfy another distinct qualification makes the latter redundant,” he wrote, adding reference to the applicable precedent.

In other words, courts assume that legislators do not write laws with redundant clauses. So that the Constitution Act includes separate clauses specifying residency and property ownership would suggest that the specifications are to be understood as distinct—i.e. the property requirement does not equal residence.

“To me, both legally and practically, it seemed untenable,” Perrin told the court today. “I would not be able to consider myself a resident of Nunavut, having never visited there, simply by buying $4,000 in real property.”



Not to mention that Stephen Harper's own in-house legal counsel advised him that his interpretation of the Constitution was wrong...

$1:

Harper, however, worried that delving into Senate residency rules would open a can of worms, and insisted that owning property in a province was a sufficient qualification for senators to hold their seats.

“Had I known we were going down this road, I would have shut it down long before,” Harper wrote to a senior aide. “As long as they maintain a residency in their province, as per tradition, we will deem that as sufficient for this purpose … i.e. the property requirement = residence.”

But the PMO’s top lawyer privately argued that Harper’s simple definition could be wrong given that the Constitution lists owning property in a province and being “resident” in a province as two distinct criteria for serving as a senator from that province.

In an emailed statement Thursday, Conservative spokesman Stephen Lecce said Harper “has been consistent that the appointed senators met the constitutional residency requirement.”

But the hundreds of pages of emails and other documents introduced at Duffy’s trial are sure to stoke fresh questions and criticisms about how Harper has interpreted the Constitution’s requirements for appointing senators.

The February 2013 documents show Harper’s closest advisers were consumed with trying to squelch questions about whether Duffy, Wallin and other Harper appointees were eligible to sit in the Senate.

The Constitution states that senators must own property worth $4,000 and be “resident” in the province for which they are appointed. What constitutes residency, however, has been a matter of debate since questions about Duffy’s expenses emerged in 2012.

...

On Feb. 18, 2013, PMO lawyer Benjamin Perrin and Harper’s manager of parliamentary affairs, Patrick Rogers, prepared a memo for the prime minister on a secret plan to change the Senate’s rules surrounding residency.

“Your office is working with Senate leadership to bring an end to concerns regarding the constitutional residency of some of our Senators,” they wrote. “This constitutional residency issue is separate but connected to the expenses issues surrounding Senators Duffy and Wallin.”

They said the PMO had devised a plan for Duffy to return money he’d claimed for his home in Kanata, but the plan was “contingent on his ability to remain a Senator from PEI.”

The memo said it is “fundamental to us” that Duffy, Wallin and others “be deemed residents of the provinces they were appointed in terms of the Constitution.

...

All the Senators in question spend more than a trivial amount of time in their province,” he added. “This issue is about $’s, not this.”

A short time later, Perrin wrote Harper’s team, saying the prime minister’s approach failed to note that there are two distinct criteria in the Constitution that senators must satisfy to represent a specific province. He said there is a “basic interpretative principle” that satisfying one requirement doesn’t satisfy the other.

Harper’s chief of staff, Nigel Wright, concluded: “We will not take any steps in the Senate to address residency…unless anyone challenges the qualifications of any of our Senators, in which case we will defend (and defeat any motion regarding) any Senator who owns property in the correct province and division.”

Similar documents tabled during Duffy’s trial Wednesday showed Harper’s staff tried to rewrite a Senate audit report to head off questions about whether Duffy and other senators were constitutionally qualified to hold their seats. Most of the changes were not included in the final report.



That's the real crux of the matter here for me. Not only did Harper potentially appoint people to the Senate who were (literally) constitutionally unqualified to represent their provinces, his office actively tried to interfere with an audit of Duffy's ineligible expenses, and also tried to maneuver behind the scenes to try and avoid have all of the Senators declared residents of their provinces almost by fiat, when even Harper's own legal advisor warned him his interpretation of the Constitution was off.

If Harper genuinely didn't know about all the finagling his people were trying to pull to manipulate the situation, then the incompetence he's shown in letting this fiasco happen under his nose is downright disturbing.

If Harper did know about it, then he's trying to prevent his bungling on Senate appointments from coming to light and prevent a proper investigation of whether Constitutional and other government rules were broken. Remember, nobody was forcing Harper to appoint Duffy-Harper made that choice himself.

Neither scenario exactly fills me with confidence.

   



DrCaleb @ Wed Aug 26, 2015 6:19 am

OnTheIce OnTheIce:
So you don't seem to care of money is stolen from taxpayers, as you've been far less vocal (if vocal at all) when the Federal NDP or Provincial Liberals steal money from taxpayers but you get absolutely outraged when someone lies about paying BACK taxpayers for money they stole?

And we wonder why we get the governments we do....


Incorrect. I don't care when taxpayer money is stolen in other provinces. I cannot change that, as I don't live there and don't vote there. And I don't care which federal party steals money, I am very vocal about it. That you don't recall my comments isn't my problem.

I do care, and am very vocal, when it happens in my very Conservative Province.

As I said above, I don't care about Duffy's $90k, because he didn't steal anything. His expenses were within the rules and approved by the Senate department that approves such things. I do care that the Senate rules are obviously designed for institutionalized theft, and that the Prime Ministers office organized and debated the "best" lie to tell the Canadian public.

   



DrCaleb @ Wed Aug 26, 2015 6:22 am

Thanos Thanos:
And, BTW, if money is actually paid back instead of "lost" or outright stolen then it doesn't count as corruption.


The scandal left the money theme long ago. And no matter why, it's illegal for a Senator to accept money, and it's illegal to give a Senator money without the OK from the leader of his Party.

   



OnTheIce @ Wed Aug 26, 2015 7:21 am

DrCaleb DrCaleb:

Incorrect. I don't care when taxpayer money is stolen in other provinces. I cannot change that, as I don't live there and don't vote there. And I don't care which federal party steals money, I am very vocal about it. That you don't recall my comments isn't my problem.

I do care, and am very vocal, when it happens in my very Conservative Province.



Speaking specifically about the NDP expense scandal, I don't recall you making a comment on the subject here at CKA at all. It's hard to recall comments that were never made.

Despite one of our own CKA members being on the hook for $141,000 in false expenses, it barely registered a blip here on these forums.
http://www.insidetoronto.com/news-story ... oo-court-/


Millions of our money wasted and we spend all this time talking about some fat fuck and his friend in the PMO that paid back tax payers money?

While there's nothing acceptable about Duffy or the dealings around his expenses, our focus is misguided because we as Canadians, prefer the more sensational story.

   



DrCaleb @ Wed Aug 26, 2015 8:00 am

OnTheIce OnTheIce:
DrCaleb DrCaleb:

Incorrect. I don't care when taxpayer money is stolen in other provinces. I cannot change that, as I don't live there and don't vote there. And I don't care which federal party steals money, I am very vocal about it. That you don't recall my comments isn't my problem.

I do care, and am very vocal, when it happens in my very Conservative Province.



Speaking specifically about the NDP expense scandal, I don't recall you making a comment on the subject here at CKA at all. It's hard to recall comments that were never made.

Despite one of our own CKA members being on the hook for $141,000 in false expenses, it barely registered a blip here on these forums.
http://www.insidetoronto.com/news-story ... oo-court-/


I don't actually think that is a scandal. Just like Duffy, the expenses were signed off on, then awhile later a partisan controlled board decided they weren't valid. That decision is under appeal.

When it's determined that it was inappropriate use of taxpayers money and that the NDP concocted a bunch of lies to tell Canadians, then I'll be outraged. Until then, we have "Canada's Action Plan" advertisements.

   



PluggyRug @ Wed Aug 26, 2015 8:45 am

No absolute truth ever came out of any PMO's office, this is just another example.

The stuff that does come out is spinning so fast it causes it's own event horizon.

   



OnTheIce @ Wed Aug 26, 2015 9:58 am

DrCaleb DrCaleb:

I don't actually think that is a scandal. Just like Duffy, the expenses were signed off on, then awhile later a partisan controlled board decided they weren't valid. That decision is under appeal.

When it's determined that it was inappropriate use of taxpayers money and that the NDP concocted a bunch of lies to tell Canadians, then I'll be outraged. Until then, we have "Canada's Action Plan" advertisements.


I wouldn't expect you would, as it doesn't meet your criteria.

Who says it's a "partisan" board? You? The NDP? Of course the NDP would, they were caught red-handed and need some way to discredit the board. 1/2 of the board is NDP and Liberals.

Is has been determined that NDP did use taxpayer funds inappropriately. The NDP themselves have quietly admitted fault by trying to pay the money back, but only 10% of it and when that didn't work, they denied to pay it and took it to Federal Court.

   



DrCaleb @ Wed Aug 26, 2015 10:17 am

OnTheIce OnTheIce:
DrCaleb DrCaleb:

I don't actually think that is a scandal. Just like Duffy, the expenses were signed off on, then awhile later a partisan controlled board decided they weren't valid. That decision is under appeal.

When it's determined that it was inappropriate use of taxpayers money and that the NDP concocted a bunch of lies to tell Canadians, then I'll be outraged. Until then, we have "Canada's Action Plan" advertisements.


I wouldn't expect you would, as it doesn't meet your criteria.

Who says it's a "partisan" board? You? The NDP? Of course the NDP would, they were caught red-handed and need some way to discredit the board. 1/2 of the board is NDP and Liberals.


Why would I do other than apply my own moral standards to a situation? Should I use someone elses'?

And the Board of Internal Economy is specifically designed to be a reflection of the makeup of the House of Commons, so by nature it's partisan. :roll:

OnTheIce OnTheIce:
Is has been determined that NDP did use taxpayer funds inappropriately. The NDP themselves have quietly admitted fault by trying to pay the money back, but only 10% of it and when that didn't work, they denied to pay it and took it to Federal Court.


Paying the money back is an admission of fault, but that doesn't mean they were at fault. It means they have no choice but to pay it back. There still exists the problem of whether the expenses were approved prior to them funding the Quebec offices. On that, we'll see.

   



Zipperfish @ Wed Aug 26, 2015 10:22 am

PluggyRug PluggyRug:
No absolute truth ever came out of any PMO's office, this is just another example.

The stuff that does come out is spinning so fast it causes it's own event horizon.


That's a good line, I'm stealing it!

   



smorgdonkey @ Thu Sep 24, 2015 2:52 pm

Freakinoldguy Freakinoldguy:
Alta_redneck Alta_redneck:
What exactly is the scandel here, because as a Canadian tax payer I couldn't give a fuck who paid the fat guy's bill.


fIfPqxY.png


Thankfully the other two parties are unblemished by the evils of corruption like the Conservatives, otherwise people might think all this Duffy crap is just another series of partisan attacks for political gain while the guilty try to hide the past. :P



That's hilarious that some Con would take the biggest things about other parties and then just the $90 G blunder from their party. It was the LIE not the money. The Cons have blown enough money and handed enough wealth to other countries at Canada's expense. the picture should look more like this:

Image

   



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