Was Mike Duffy eligible to sit as a Senator when he was appointed by Stephen Harper?

In his opening statement at the trial of Conservative-appointed senator, Mike Duffy, Crown prosecutor Mark Holmes said Duffy was "probably ineligible" under the Constitution to sit as a Senator from PEI.

This once again calls into question Stephen Harper’s judgement. Canadians deserve to know what role the prime minister played in the Mike Duffy deal – and the $90,000 pay-off.

It appears that a deal between Duffy and the PMO included a promise that senior government officials, allegedly including the Prime Minister himself, would make unambiguous statements asserting that Mr. Duffy was qualified to sit as a Senator from PEI. If it was found that he did not actually live in PEI, Mr. Duffy stood to lose up to $1.3 million in Senate salary and benefits.

PMO–DUFFY NEGOTIATIONS

On February 21st, Janice Payne listed public support from the PMO on Duffy keeping his Senate seat as Point #2 in her deal memo:

“There will also be a written acknowledgement that Senator Duffy meets and has always met all requirements necessary to sit as the Senator from PEI.”

On February 22nd, Nigel Wright wrote to Ben Perrin, requesting an amendment:

“I have been specific with Sen. Duffy that a ‘senior government source’ will make a statement on the day of [Duffy’s] statement to the effect that there is no doubt he is qualified to sit as a Senator from PEI the PM will also give this answer if asked, as will other authorized spokespeople for the Government.”

The amendment was accepted.

“GOOD TO GO FROM THE PM”

Nigel Wright then paused negotiations, saying he needed to run the deal by Prime Minister Harper. Wright returned with the now infamous line: “We are good to go from the PM.”

During Question Period on February 27th, 2013 Tom Mulcair grilled Stephen Harper over whether Mike Duffy and other Senators actually met the residency requires. The PM’s reply seems to fit perfectly with the backroom deal struck between Wright, Perrin and Payne:

“All senators conform to the residency requirements. That is the basis on which they are appointed to the Senate, and those requirements have been clear for 150 years.”

“When he was rising in Parliament to defend Mike Duffy’s eligibility, what did Stephen Harper know about the backroom deal his lawyer and Chief of Staff had made with Mike Duffy?” asked Charlie Angus. “After being elected on a promise to clean up Liberal corruption and entitlement, Conservatives now find themselves just where the Liberals did during the dying days of their government – on trial for corruption.”