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Live: Mike Duffy Trial
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by Graham Richardson via twitter 4/8/2015 2:19:48 PM -
by Graham Richardson via twitter 4/8/2015 2:19:49 PM
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by Graham Richardson via twitter 4/8/2015 2:19:50 PM
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Audcent: law clerk provides legal advice, could be constitutional matters, advice for senators, key function is legislative function to draft bills, protocol duties. 2007-2010 ... it was in transition at that time. Prior to that time I would say I did equal amount of drafting leg, advice for senators, corporate work.
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Audcent: an appt of a senator would begin with a press release by the PM. But that's not the appointment. The appointment is the instrument of advice, signed by PM and the GG will countersign that letter, there's a date and that's the appt of the senator and date of appt. A 'writ of summons' will be issued and there's a formal certificate. But they're not entitled to sit, until taking oath and declaration of qualification. Declaration in clerk's office; oath in the chamber on first day before their peers and they take their seat.
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(Continued) Once appt announced by PMO, they would let clerk know. Clerk would call the senator and say "welcome to the senate". Send a package, invite them for orientation session. Taken in two parts: Senator with clerk, clerk says I'm head of administration and if you have issue come to me -- takes about 5 mins. Declaration may happen at that time. Would invite me as law clerk, director of finance, HR and clerk's assistant -- briefing session would happen, approx 1h.
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"You don't have to live in the property you own" Audcent on property requirement @CTVNews @ctvottawa #DuffyTrialby Graham Richardson via twitter 4/8/2015 2:37:39 PM
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by Graham Richardson via twitter 4/8/2015 2:38:55 PM
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Audcent advised Senators to keep an eye on number of days they were in province they rep #DuffyTrial @CTVNews @ctvottawaby Graham Richardson via twitter 4/8/2015 2:40:08 PM
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Audcent seems to be suggesting residency is not cut and dried. A collection of things determines it #DuffyTrial @CTVNews @ctvottawaby Graham Richardson via twitter 4/8/2015 2:43:36 PM
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Witness talking about softer residency determined by social, bowling leagues, where u bank #DuffyTrial @CTVNews @ctvottawaby Graham Richardson via twitter 4/8/2015 2:45:13 PM
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by Graham Richardson via twitter 4/8/2015 2:46:43 PM
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Will details of common practice on Senate residency play a role in #DuffyTrial verdict? Yes I bet @CTVNews @ctvottawaby Graham Richardson via twitter 4/8/2015 2:48:59 PM
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by Graham Richardson via twitter 4/8/2015 2:50:06 PM
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I viewed my role as a resource...not a policeman on Senate qualifications : Audcent tells #DuffyTrial @CTVNews @ctvottawaby Graham Richardson via twitter 4/8/2015 2:54:32 PM
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Audcent: I would speak about qualification and disqualification.
First would be attendance -- of great concern, but senator would only lose their seat if they didn't attend once every two sessions. But it wasn't strong, so there's an "attendance policy", had to sign in, and would be given to the communication directorate, so will be made public. Second, not to show any foreign allegiance. Third - property qualification. Must have $4k worth or property. And $4k worth of land in prov they represent. I would mention that if they were selling property. Buy new property first before you sold new one. Risk that it could be declared vacant. -
A: The declaration of vacancy -- that section provides, the matter shall be heard in the senate. It's a matter for senate to decide. $4k sum from Constitution. For sake of argument, now it's half-million. But don't buy a land for $4k only because values may fall (laughs)
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Holmes: did you convey any indicator or factors for residency in home prov? // A: no. But you're resident in prov you represent, but you have time here in Ottawa, gov business, and may have vacay -- you may want to have your secretary track how many days a year you're in home province... tendency to be comfortable in Ottawa when senate sits from Sept to June
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Holmes: what are the indicators of residences?
A: physical presence "it's hard to say you're a resident there if you're never there"... an abode, where you have a home.
Second where I think is important is where you have a community - "where you vote, where you pay your taxes are big indicator of where you're a resident" Where you get your services from: drivers licence, health services... final one is where you have social connections, where you bank, go to church, where you go bowling. (Holmes jokes: is bowling important for senators? If you don't want to say because of solicitor-client priv it's OK) -
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Former clerk offered advice on a whole range of issues involving attendance and qualifications #DuffyTrial @CTVNews @ctvottawaby Graham Richardson via twitter 4/8/2015 3:06:50 PM
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Holmes: The book is generously titled Senate instruments.... none of this have anything to do with Mr. Audcent. We had the Senate admin rules bound up if Bayne is agreeable to that. I'm disappointed Bayne plops a 20 tab material that's irrelevant. Perhaps Bayne would want to file Senate Administration Rules?
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