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Monday, April 25, 2016

Game set match

Mike Duffy trial: 6 notable lines from the judge's ruling

Judge said the Prime Minister's Office engaged in 'mind-boggling' and 'unacceptable' behaviour


Canadian court watchers have become accustomed to bloodless language from the presiding judge in a criminal trial. Often, the justices are loath to make pronouncements about the behaviour of the defendant, witnesses or the Crown.
But Justice Charles Vaillancourt, a seasoned judge, tossed aside that conventional wisdom Thursday when he read through his 308-page decision in the Mike Duffy trial.
He did not hesitate to take the Crown attorneys to task for their perceived failings in the trial proceedings.
But he reserved his harshest criticism for former prime minister Stephen Harper's chief of staff Nigel Wright and his "crew," whom he said engaged in "mind-boggling" behaviour that subjected Duffy to treatment akin to "Chinese water torture."
Below are six of the most notable lines from Vaillancourt's ruling:

1. 'Without missing a beat, my new-found friend enthusiastically stated, "Throw him in jail."'

These were some of the first words out of Vaillancourt's mouth as he began reading his ruling promptly at 10 a.m. Thursday. He says a homeless man approached him outside of the courthouse shortly after the trial began more than a year ago and asked him if he had any connection to the Duffy case.
He conceded that he was the judge who would be presiding over the trial.
The man told him that he should send Duffy straight into the hands of correctional officials.
The judge raised this point because it vividly reminded him of the principle innocent until proven guilty, and that all Canadians should be accorded "a fair and public hearing by an independent and impartial tribunal" — even if the person in question has been found guilty in the court of public opinion.

2. "The prime minister's explicit advice was believed and relied upon reasonably by Mr. Duffy. This was not some minor bureaucratic official speaking but the prime minister of Canada."

Vaillancourt ruled that Duffy went to the very top for advice and reassurances that he could, in fact, represent P.E.I. in the Senate. Duffy testified that he had told Harper he was concerned about representing the province, as it would cause controversy among local Conservative bigwigs who were intent on taking the seat for themselves.
Duffy also reminded the prime minister that he hadn't lived in the province for decades, but had a seasonal cottage in Cavendish. Harper told him that he should ignore chattering party officials, and that he should claim his cottage as his primary residence. That move would, in turn, satisfy his constitutional requirements to sit as the P.E.I. senator.
The judge said that Duffy actively sought advice on the constitutionality of his appointment — after a P.E.I. newspaper published comments from a law professor that questioned his legitimacy — not just from Senate administrative officials but from the man who holds the highest office in the land.
"Senator Duffy did not ignore the gathering storm around his appointment. He immediately sought out reassurance about these issues and was assured that he did not have any valid concerns," the judge said.

3. 'Senator Duffy's conduct was honest and reasonable.'


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