Senate lawyer appears at Duffy trial arguing against release of audit

OTTAWA — A Senate lawyer returned to the Mike Duffy trial on Friday to try and block the release of a two-year-old audit which examined the residency status of senators.
Max Faille told court the document should not be released to uphold a “vital constitutional principle.”
The Senate has argued the audit is protected under parliamentary privilege, which gives legislators immunity from the courts to allow them to carry out their work freely.
“The court’s role is to uphold this principle that is fundamental to the separation of powers which is itself, a foundational principle of our democracy,” Faille said. “That is our purpose here. It is not to favour any party nor undermine transparency.”
The residency audit was conducted in early 2013 by a Senate official after questions arose about Duffy and other senators who claimed living expenses for homes in the capital.
Duffy’s lawyer and a number of media outlets have been pushing for the audit to be made public, saying the Senate is being selective about the documents it wants to release.
One of Duffy’s lawyers, Peter Doody, continued to hammer away at this argument Friday.
“My friend, with respect, has put the cart before the horse,” Doody said. “The question is not whether the release of the document is necessary to the defence because it will be used. The question is whether the core legislative function of the Senate requires that it be kept secret.”
Ontario Superior Court Judge Charles Vaillancourt said he would like an opportunity to review submissions from both sides.
“I’m not going to give a judgment at this very moment,” he said. “Between now and my return in August, I will hopefully have it done and given to counsel in advance.”
Duffy proceedings will continue for another week before the trial is scheduled to break until August.
Duffy, who is suspended from the upper chamber, has pleaded not guilty to 31 charges of fraud, bribery and breach of trust.
Several of those charges relate to his declaration of a home in Ottawa as a secondary residence, which allowed him to claim nearly $90,000 in housing expenses.