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.
Bayne: There is "Incorrect and confusing advice given here"? / A: "In my opinion yes"
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.
On Senate Administrative Rules, Audcent wrote the senate administrative rules. Then submitted or reviewed by internal economy cttee.
A: It's a comprehensive compilation of the rules that govern the Senate - fundamental ones.
(And now going on about these rules and how it relates to the Senate.)
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"
On his Kanata home - A: It's not his provincial residence because that must be in PEI
Senate Administrative Rules definition reads: "Provincial residence" means a Senator's residence in the province or territory for which the Senator is appointed.
B: So to qualify, must be a property in the province they're appointed? / A: Correct
B: tried hard to find definition of "primary" and "secondary" residence, but can't find them. / A: Correct, other than the 1998 document linking primary to provincial residence
B: There's no definition of "primary residence"? A: No. // B: There's no definition of "secondary residence"? A: No.
B: There's no definition of "primary residence"? A: No. B: There's no definition of "secondary residence"? A: No.
A: For the purposes of SARs, used terms "provincial residences" and "national capital residences". No definitions of primary or secondary residences.
We're on a 15 minute break until 3:30.
Where a Senator makes a request to the Senate Admin that appears to be contrary to a law, rule, policy or practice, the Senate Admin shall advise the Senator"
B: I says shall, so Senate Administration shall contact Senator if there are problems? A: Yes.
Back to primary/secondary residence --- A: "The definitions are not there"
B: Will you agree that there's no definition/requirement on length of time in province? A: Right.
B: Listing questions/criteria: no criteria of # of nights, percentage, seasonal requirement, which house owned longer, which house valued more, type of structure, cottage/seasonal structure? A Says there are no criteria/requirements for each.
A: Cautions/argues that while there are no one criteria for provincial residence, you do have to be present in the province. Troubling that LeBreton memo says you can be in Ottawa for 99% of time.
Bayne later goes on now about "Senators' living expenses in the National Capital Region guidelines"
A: When we're getting into guidelines and policies, outside of my expertise. I deal with statutes. Guidelines dealt with by HR/Finance.
B:You're not here as expert witness. If you can't answer, say so can can be relevant.
Judge says Audcent is a very capable witness and will be allowed.
A: This document would have been written by director of finance
Re this guideline saying "primary residence", not in SAR, only previous wording was from 1998 internal economy report
A: When I'm looking at these guideline, my guess is it went back to 1998 report. It used the language back in 1998... so there is a link.
Bayne on guideline noting Senators who normally live 100 km outside Ottawa being eligible for NCR expenses
A: What stands out to me is "travel status", so when you're outside of home province and you're in Ottawa you're on travel status, yes
Bayne: Are you aware of Duffy's circumstances that he invested more than $100k? A: I have knowledge via news reports...
Bayne: New foundation, windows, etc. That's indicator for property?
A: Yes all of the facts are indicators, and they are indicator for the property
Bayne: They don't have to make declaration? A:They don't have to, it's only if claiming NCR benefit
What does Duffy's lawyer say about Brazeau's presence? "It's news to me and it isn't something we've arranged."
The day today will start with the continuation of defence's cross examination of crown witness Mark Audcent, former Senate law clerk.
Crown witness Sonia Makhlouf of Senate human resources is expected to be called to the stand once Audcent's testimony is finished.
Audcent wants to clarify his testimony yesterday about the "Qualifications for Senators" memo by Christopher McCreery, LeBreton staffer. He misunderstood the purpose of the memo. Believes - after reflection overnight and "it bothered me greatly" - the memo is not about residency. It is about qualifications of a Senator and if a question would come up in the Senate, which has never happened