Mike Duffy appeal is a chance to reform the unelected Senate

The Senate has shown it will not voluntarily respect the Charter of Rights and the rule of law. However, the Supreme Court of Canada can do what the Senate refuses to do. It can use the Duffy case to define and limit both the scope and abuse of parliamentary privilege.

Senator Mike Duffy, 74, pictured in 2014 at his trial in Ottawa, will be retiring from the Senate in May when he turns 75. Sen. Duffy was charged in 2014 by the RCMP with 31 offences over allegedly improperly claiming primary residence outside of Ottawa for living expenses, but he was acquitted of all charges in 2016. He filed a civil lawsuit against the Senate and the RCMP in 2017, which the Ontario Superior Court dismissed in 2018. He filed an unsuccessful appeal to the Ontario Court of Appeal in 2019 and in October 2020, he filed an appeal to the Supreme Court of Canada. The Hill Times file photograph by Jake Wright

Opinion

BY DANIEL TSAI

December 14, 2020

TORONTO—Canada’s Supreme Court only accepts a fraction of the thousands of applications it's asked to consider every year. To be heard, the case must be novel and of overriding public interest. Those criteria would seem to apply to Senator Mike Duffy’s argument at the centre of his appeal—t...

To keep reading, subscribe and become a political insider.

Only $7.76 a week for an annual subscription.

Enjoy unlimited website access and the digital newspaper.

Cancel anytime.

Already a Subscriber?

Get Weekend Point of View Newsletter

A round up of the past weekâ€™s opinion writers and columnists on Saturdays and Sundays.

By entering your email address you consent to receive email from The Hill Times containing news, analysis, updates and offers. You may unsubscribe at any time. See our privacy policy