[LINK] "Mike Duffy 'probably ineligible' to be P.E.I. senator, Crown argues"

[rfmcdonald]

The Canadian Press' Jennifer Dutchburn writes at CBC about how the criminal prosecution of Mike Duffy is turning up a lacuna in Stephen Harper's judgement. How did Duffy ever get appointed Senator for Prince Edward Island when he did not meet the residency requirements?

One of the sets of charges involves living expenses and alleges Duffy defrauded the government by claiming his primary residence was in Prince Edward Island while he actually lived in Ontario.

"Senator Duffy was probably ineligible to sit as a senator, and to sit in the Senate as a representative of Prince Edward Island," Holmes told the court.

"He was constitutionally eligible to have been appointed from the province of Ontario, but that is not what happened."

Harper named Duffy to the Senate to represent P.E.I. in late 2008, despite the fact Duffy had lived in the Ottawa area for decades. Duffy was a well-known former TV broadcaster who went on to be featured prominently at Conservative events and in promotional materials.

Later, when questions began to be raised in the media about how much time he spent in P.E.I., Harper defended Duffy's eligibility both publicly and behind the scenes.

The Constitution says a senator "shall be resident in the province for which he is appointed," and must own property worth at least $4,000 in that province.

Harper's staff were insistent that the definition be accepted on its own merits, and not be subjected to any kind of additional interpretation or scrutiny.