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Live: Mike Duffy Trial

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3rd & 7 37yd

Holmes hints that Duffy will appear as a witness in June #DuffyTrial

by Maurice Cacho (CTV News) 4/8/2015 4:19:21 PM
Judge: I disagree with Crown ... we are dealing with a very knowledgeable witness re Senate and if he is not aware of something we'll be moving on to another matter and we will not be wasting time. It will be entered at this time as exhibit A.
(A lettered Exhibit is not an exhibit yet and it may never be. )

by Maurice Cacho (CTV News) 4/8/2015 4:19:55 PM
B: You said attendance is of concern? A: Of constitutional concern. B: He must be in Ottawa to appear. A: Yes.

by Maurice Cacho (CTV News) 4/8/2015 4:20:31 PM
A: There's a natural tension of constitutional requirement of attendance, and constitutional requirement of residence. Yes there's a natural tension

by Maurice Cacho (CTV News) 4/8/2015 4:20:47 PM
B: Has constitutional concept of residency ever been defined? A:No it hasn't been defined because Senate has never had to hear a case, and the body defining it would be the Senate.
A: Primary residence isn't part of the constitution... they are administration and finance rules, which may or may not jive with constitution.
B: As far as I can remember primary and secondary residence aren't defined // B: So not defined in the senate admin rules? A: Not as far as I can remember ***

by Maurice Cacho (CTV News) 4/8/2015 4:21:37 PM
A: As Senators get more experience get more obligation, their demands in Ottawa is greater and greater, and difficult to spend time in home province

by Maurice Cacho (CTV News) 4/8/2015 4:21:52 PM
B: In guide or orientation, define min number of days in home province? A: "Absolutely not"

by Maurice Cacho (CTV News) 4/8/2015 4:22:06 PM
B: So issue of primary/principle residence depends on the statute, reflects the context of that statute? A: Absolutely.

by Maurice Cacho (CTV News) 4/8/2015 4:22:18 PM
Now for some cross-examinations on definitions, apparently using the Oxford dictionary.

by Maurice Cacho (CTV News) 4/8/2015 4:34:18 PM
A agrees with B that 'constitutionally' upon his appt as Senator, Duffy's residence in PEI is the most important residence.

by Maurice Cacho (CTV News) 4/8/2015 4:34:21 PM
Bayne now uses Oxford dictionary for definition of "primary" - "of chief and main importance" / A: Yes.

by Maurice Cacho (CTV News) 4/8/2015 4:34:51 PM
Duffy's lawyer is using dictionary definitions of primary.

by Mercedes Stephenson via twitter 4/8/2015 4:35:17 PM
B: so when his status changed from broadcaster to Senator, his chief residence is PEI / A: Yes one that he has to maintain

by Maurice Cacho (CTV News) 4/8/2015 4:35:26 PM
B: So same thing as the word "principle" residence, it would be PEI / A: Yes, that's the residence

by Maurice Cacho (CTV News) 4/8/2015 4:36:55 PM
If a "primary" residence is of most important and constitutionally most impt is province of residency residence to qualify asks Duffy lawyer

by Mercedes Stephenson via twitter 4/8/2015 4:37:04 PM
B Defining "secondary", so for constitutional purposes, Ottawa would be secondary because home is of lesser importance / A: Yes

by Maurice Cacho (CTV News) 4/8/2015 4:37:07 PM
B: I'm doing this (reference dictionary) because the senate rules are completely vacant of some of what these terms mean when we look at them

by Maurice Cacho (CTV News) 4/8/2015 4:37:18 PM
Now Bayne is on key part about having a primary residence more than 100 km from Ottawa who can collect $

by Mercedes Stephenson via twitter 4/8/2015 4:37:58 PM
Bayne: would you agree with me provincial residence is clearly linked with primary residence? #Duffy

by Mercedes Stephenson via twitter 4/8/2015 4:38:42 PM
Audcent says it's clear to him word primary here is the same as word provincial used elsewhere #Duffy

by Mercedes Stephenson via twitter 4/8/2015 4:39:16 PM
Bayne says provincial and primary residence are equated in Standing Committee document. Says committee was delegated to run finances.

by Mercedes Stephenson via twitter 4/8/2015 4:40:16 PM
Audcent says that this is an important foundational document for meaning of primary residence. #Duffy

by Mercedes Stephenson via twitter 4/8/2015 4:43:14 PM
Bayne says the Senate made a decision to link primary and provincial residence. This is same document that establishes an allowance #Duffy

by Mercedes Stephenson via twitter 4/8/2015 4:43:57 PM
We're now looking at a memo to Wallin and Duffy from a policy advisor to LeBretton (who was Leader of the Senate) #Duffy

by Mercedes Stephenson via twitter 4/8/2015 4:45:25 PM
Memo is dated Jan 6 2009, the day after Duffy took his declaration as a Senator. Deals with qs about qualifications to be a Senator #Duffy

by Mercedes Stephenson via twitter 4/8/2015 4:46:17 PM
Bayne says this document again establishes that it is up to the Senate to determine if someone is disqualified as a Senator #Duffy

by Mercedes Stephenson via twitter 4/8/2015 4:47:01 PM
Memo says Senate "never disqualified anyone for not being a "resident" of their province of appointment, providing they own property there"

by Mercedes Stephenson via twitter 4/8/2015 4:48:48 PM
The Senate and only the Senate can disqualify a Senator, we're hearing in testimony today at #Duffy trial

by Mercedes Stephenson via twitter 4/8/2015 4:50:42 PM
Bayne asks if it would be a viable threat to threaten to disqualify a Senator if they didn't do a particular thing, bc Senate has that power

by Mercedes Stephenson via twitter 4/8/2015 4:51:24 PM
Duffy lawyer says the steering committee was majority #CPC and they had majority in the Senate, trying to say it was credible threat

by Mercedes Stephenson via twitter 4/8/2015 4:52:40 PM
Memo says "Senate is the master of its own house with regards to the proscribed property and residency qualifications" to be Senator #Duffy

by Mercedes Stephenson via twitter 4/8/2015 4:54:41 PM
Audcent says a reader of this memo could get confused to think residence and property are the same thing.

by Mercedes Stephenson via twitter 4/8/2015 4:55:29 PM
Coffee break... a very well behaved pup resists the urge to sample some of her owner's tasty, warm bagel snack. http://pbs.twimg.com/media/CCFlImJWMAEs0C2.jpg

by Mercedes Stephenson via twitter 4/8/2015 5:43:56 PM
Maybe if I stare longingly enough... and inch closer... #izcanhazbite http://pbs.twimg.com/media/CCFmfBfW8AEM49R.jpg

by Mercedes Stephenson via twitter 4/8/2015 5:49:48 PM
Ok, court is back in session. Waiting for updates from a producer in the courtroom.

by Maurice Cacho (CTV News) 4/8/2015 6:34:28 PM
They're continuing on about the LeBreton's policy advisor's memo to Duffy.

by Maurice Cacho (CTV News) 4/8/2015 6:35:38 PM
Memo: 'My interpretation of this is that there has been a longstanding convention that so long as a Senator owns property in his or her province of appointment then they are allowed to sit as a Senator from that province, even if they live in Ottawa 99% of the time'

by Maurice Cacho (CTV News) 4/8/2015 6:35:47 PM
The first bit that residency is not defined is correct. But second bit about residency is not correct. Check who is the author -- it is a policy advisor. Not lawyer.

by Maurice Cacho (CTV News) 4/8/2015 6:36:13 PM
Bayne: There is "Incorrect and confusing advice given here"? / A: "In my opinion yes"

by Maurice Cacho (CTV News) 4/8/2015 6:36:34 PM
They're now going on about Senate Administrative Rules. Of note, there are no definitions for "primary residence" and "secondary residence" -- it doesn't appear in the document. (There are definitions for "provincial residence" and "National Capital Region residence"). The lack of definition it appears may be key to defence's argument.

by Maurice Cacho (CTV News) 4/8/2015 7:02:59 PM
On Senate Administrative Rules, Audcent wrote the senate administrative rules. Then submitted or reviewed by internal economy cttee.

by Maurice Cacho (CTV News) 4/8/2015 7:05:29 PM
A: It's a comprehensive compilation of the rules that govern the Senate - fundamental ones.

by Maurice Cacho (CTV News) 4/8/2015 7:05:45 PM
(And now going on about these rules and how it relates to the Senate.)

by Maurice Cacho (CTV News) 4/8/2015 7:05:49 PM
A: The rules reflect the senate as a body, we can't have every rules in detail or it's 700 pages. It's intend to be the fundamentals that govern the admin of senate. Senate Administrative Rules definition reads: "National Capital Residence" - "that is not the Senator's provincial residence"

by Maurice Cacho (CTV News) 4/8/2015 7:06:04 PM
On his Kanata home - A: It's not his provincial residence because that must be in PEI

by Maurice Cacho (CTV News) 4/8/2015 7:06:18 PM

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