This mess the Senate’s in

A legal opinion, a request from the NDP and a statement from Patrick Brazeau

The RCMP is apparently reviewing the Senate’s expense troubles and former senator Lowell Murray says the word “crisis” is applicable here. Meanwhile, Postmedia reported yesterday that the Senate’s internal economy committee was seeking a legal opinion on the precise nature of the Constitution’s residency requirement for senators, but that the Senate was not likely to release that legal opinion publicly.

However, the Senate should soon interpret the residency requirement to settle questions that have swirled for months and longer about Duffy but fellow Conservative Sen. Pamela Wallin.

Underlying that decision will be a legal opinion about the section of the Constitution dealing with senators’ qualifications. The Senate’s powerful internal economy committee has asked for the legal opinion, but it has not yet arrived at the committee’s table and it’s unlikely the conclusions will ever be made public.

This afternoon, I asked the office of Senator David Tkahuk, chair of the internal economy committee, why that legal opinion wouldn’t be released and have just now been told that the senator has no comment. But NDP MP Charlie Angus has written today to the Senate seeking a legal opinion that Conservative Senate Leader Marjory LeBreton apparently referenced and the legal opinion the internal economy has sought.

And now, Senator Patrick Brazeau’s office has released a statement that quibbles with the Senate’s findings against him.

On December 11, 2013, Senator Brazeau met with the sub-committee on Internal Economy to discuss issues pertaining to his primary residence. At that meeting, Senator Brazeau disclosed documentation and facts regarding that, in fact, Maniwaki, Quebec is his primary residence. As requested, Senator Brazeau provided his driver’s license, health card, income tax returns and voting information.

On February 26, 2013 Senator Brazeau met Deloitte auditors at which time additional information was requested. On February 28, 2013 the additional information was hand delivered to Deloitte. On April 15, 2013 Senator Brazeau once again met with the Deloitte auditors to answer any final questions they had.

On April 29, 2013 Senator Brazeau received a copy the draft report prepared by Deloitte. In that report, no conclusions were made regarding Senator Brazeau’s primary residence. Senator Brazeau was, nevertheless, deemed to have met all four primary residence “indicators.” Furthermore, the report states no false claims were made by Senator Brazeau.

Despite meeting Deloitte’s primary residence criteria and co-operating fully and completely, the Senate committee on Internal Economy tabled a report in the Senate Chamber on May 9, in which orders Senator Brazeau to repay the sum of $34,619 in living expenses and $144.97 in travel expenses.

It is unclear how the Committee could have come to this conclusion when there is no clear definition of what, for purposes of their own policy, constitutes a “primary residence.” Deloitte notes that the current Senate policy uses the following terms without any definitions – primary residence, secondary residence, NCR residence and provincial residence. The Deloitte report in no way finds anything untoward regarding the claims and documents filed by Senator Brazeau.

Additionally, Senator Brazeau has fulfilled his obligations in forwarding all relevant documentation requested by the Committee and auditors. It remains unclear if all other sitting Senators meet the primary residency indicators – which Senator Brazeau does — or if they were treated with the same scrutiny, rules, regulations and definitions.

As a result, Senator Brazeau will be seeking greater clarification and will explore all options to have this determination overturned by applying the current policies, rules and regulations pertaining to this matter including calling a public meeting of the Senate Committee on Internal Economy to explain their decision.

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