Monday, August 28, 2017

That Kind Of Contempt Can Get Expensive



Last week, Mike Duffy launched a lawsuit against The Senate and the Attorney General. No one should be surprised. Michael Harris writes:

Who could seriously argue that both the political system and the justice department failed Duffy in spectacular fashion given what came out at his criminal trial? On April 21, 2016, the senator was acquitted on every single one of the 31 criminal charges against him. The judge laid the blame for this whole charade at the door of the Harper PMO, which he concluded was doing damage control for its own purposes. Duffy was the scapegoat, a mere diversionary sideshow.

Judge Charles Vaillancourt asked, “Was Nigel Wright actually ordering senior members of the Senate around as if they were mere pawns on a chess board?” Vaillancourt answered his own question with an emphatic “yes.”

 Given what has happened since the trial, Duffy's suit was inevitable:

After his acquittal, Duffy tried to resolve matters of lost salary and legal fees with the Red Chamber. On December 12, 2016 he wrote to the Senate asking for reimbursement of his salary, living allowances, and pension accruals.

To date, he hasn’t even been given the courtesy of a response.

The Conservatives still control the Committee on Internal Economy, Budgets and Administration (CIBA). Despite being acquitted after a brutal criminal trial, despite a finding that his expenses were permissible under the rules, the Senate is still treating Duffy as if he were guilty. The Conservative brain trust seems to believe it is possible to crucify the same person twice.

I have written several times that the Conservatives have learned nothing from their defeat. It's true that  Duffy is no abandoned child, left to the mercy of a callous society. Nonetheless, Vaillancourt's decision makes it clear that Duffy was wronged.

And Stephen Harper's senators believe -- like their bloated orange cousin to the south -- that they can ignore a judge's order. That kind of contempt can get very expensive.

Image: Duhaime.org

6 comments:

The Mound of Sound said...

"Contempt" is a stretch given that Justice Vaillancourt made no orders affecting the Senate. They're plainly contemptuous of the tenor of the judgment but it's only now that the Senate has been made a party to a civil action. Duffy's litigation path is rather unclear and invites many novel defences. Watch the Senate try to make this the prime minister's problem, pitting Trudeau against Duffy.

The scandal has gone dormant and Duffy has to rekindle the embers. The best way to do that is to start issuing subpoenas for examinations for discovery of people like Wright, Harper, Dave Tkachuk, Carolyn-Stewart Olsen, Gerstein, Bob Paulsen and the other likely suspects. Duffy's case for punitive damages rests on demonstrating a conspiracy involving Harper, his PMO, the RCMP and the Tory Senate leadership of the day. Vaillancourt's reasons are a huge leg up on the conspiracy angle. Add to that the laughable "immaculate bribe" theory of the prosecution and the decision to prosecute all 31 counts only to see all 31 fail creates a powerful argument of Duffy having been subjected to a political show trial. That's a pretty solid foundation for punitive damages.

Owen Gray said...

I'm given to understand that it's difficult to prove a conspiracy, Mound. But, on the other hand, there's all kinds of evidence to support Duffy's argument.

the salamander said...

.. Ray Novak's involvement regarding the Duffy Affair & his connections to Arthur 'last breath' Hamilton needs serious examination.. Unelected, but often described as the 2nd most powerful 'politician' in Canada during the Harper era.. he keeps surfacing, but only faint notice via mainstream media during or after numerous scandals. Similarly, Steven Lecce who hatched later.. yet another 'political science' grad plucked to the bosom of Harper, Laureen, Jenni Byrne, Fantino et al.. these two have lots to answer for.. but probably never will. Perhaps Duffy will poke or prod something from the twisted tales of those two, among others.. who simply had nothing but disdain for Canadians.. after all, they were above the law.. untouchables.. non ?

Owen Gray said...

So far no one has been held to account for the fiasco, salamander. It will be interesting to see how many will be hauled before a judge.

Steve said...

Cant wait till ol Harpo has to testify.

Owen Gray said...

He's not PM anymore, Steve. He can't claim immunity.