So what is the law if you do not maintain residency as required by the constitution??

Goober

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So what is the law if you do not maintain residency as required by the constitution???

Tory Senator Mike Duffy’s office called P.E.I. health minister to fast-track document after asked to provide residency proof by auditor | Canadian Politics | Canada | News | National Post

http://www.cbc.ca/news/politics/story/2013/02/04/pol-senate-spending-living-expenses.html

Senators are also required to be "resident in the province for which [they are] appointed," according to the Constitution, though it's not clear what the definition of resident is.

Currie told CBC News that Duffy's health card request was brought to his attention and that those requests don't usually go to him. He said the health card would be a new one, not a renewal.

"I don't get involved as minister with any individual request, whether you're a senator or whether you're Joe Public. There's a process and I let the system take care of it," Currie said.

"We do have a process and the expectation is that we stay true to that process."
Mystery call

Currie wouldn't say who had made the call to his office about a card for Duffy.

Currie posted an Ottawa Citizen story on his Facebook page that said Duffy's office tried to pressure his office into fast-tracking it. Currie also "liked" the story on Facebook.
 
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Goober

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taxslave said:
That is a sad fact.
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Well Duffy was always a bootlicker. And I am being polite
 
Goober

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Mike Duffy residency uproar continues in House - Politics - CBC News

he uproar over where Senator Mike Duffy lives continued Wednesday in the House of Commons.

Opposition MPs are questioning whether Duffy lives in Cavendish, P.E.I., as he says he does. Earlier this week, P.E.I.'s health minister said Duffy had applied for a new health card — not a renewal — and CBC News obtained documents that show Duffy isn't getting a much lower resident tax rate on his property in the province.

The tax credit goes to properties where "50 per cent or more of the owners reside in P.E.I. for 183 consecutive days or more each taxation year defined as Jan. 1 to Dec. 31."

The Senate is auditing its members to ensure they live where they say they do after media reported three of them spend most of their time in the National Capital Region but claim they live elsewhere and collect a living allowance worth up to $21,000 a year. As part of the audit, senators have had to provide proof of residency like health cards, driver's licences, and some tax documents that show where they file taxes.

Duffy has also claimed $42,802.43 in living expenses in Ottawa since Sept. 1, 2010, the earliest date for which expenses are published.

During Duffy's keynote speech to the Maritimes Energy Association in Halifax Wednesday night, the senator made no reference to the recent committee investigation.

The senator successfully dodged reporters' attempts to question him about the controversy, telling one reporter that he "should be doing adult work" before leaving through a service exit.

Media reports said last fall that Liberal Senator Mac Harb and Conservative Senator Patrick Brazeau also live in the National Capital Region but claim the living expenses.

"I'm not sure the public understands that it is one very clear rule in the Constitution of Canada that senators must reside in the area they represent. That's been clear to me from the day I arrived here and I've had no confusion," Liberal Senator Joseph Day, from New Brunswick, told Evan Solomon, host of CBC's Power & Politics.

"It's quite simple," Conservative Senator Larry Smith, of Montreal, said on the show.
 
J

JamesBondo

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how did his request for a health card get leaked?

I want to know if my medical records are confidential. If they aren't, I want to sue.
 
FiveParadox

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The Constitution Act, 1867, provides that any question as to vacancies in The Honourable the Senate must be decided by the Upper House itself. Presumably, the Senate would be responsible for the assessment of whether a senator has ceased to be qualified, and if they have and they are no longer eligible to be a senator, then the Senate should so resolve, and thereby declare the seat vacant.

It should be noted, mind you, that the Senate has never forcibly removed one of its members against the will of the senator in question.
 
Goober

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FiveParadox said:
The Constitution Act, 1867, provides that any question as to vacancies in The Honourable the Senate must be decided by the Upper House itself. Presumably, the Senate would be responsible for the assessment of whether a senator has ceased to be qualified, and if they have and they are no longer eligible to be a senator, then the Senate should so resolve, and thereby declare the seat vacant.

It should be noted, mind you, that the Senate has never forcibly removed one of its members against the will of the senator in question.
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You have been away for a tad. Good to see you back. The Senate is now more transparent than even a decade ago. The Net is a wonderful tool.
 
darkbeaver

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Goober said:
Well Duffy was always a bootlicker. And I am being polite
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I blame Mullooney.

FiveParadox said:
The Constitution Act, 1867, provides that any question as to vacancies in The Honourable the Senate must be decided by the Upper House itself. Presumably, the Senate would be responsible for the assessment of whether a senator has ceased to be qualified, and if they have and they are no longer eligible to be a senator, then the Senate should so resolve, and thereby declare the seat vacant.

It should be noted, mind you, that the Senate has never forcibly removed one of its members against the will of the senator in question.
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That's illuminating thankyou very much 5p. It's nice to see you post again.

I'm wondering what officer of parliament, I guess, would be tasked with removing the guilty party if he/she were reluctant to vacate.
 
Colpy

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FiveParadox said:
The Constitution Act, 1867, provides that any question as to vacancies in The Honourable the Senate must be decided by the Upper House itself. Presumably, the Senate would be responsible for the assessment of whether a senator has ceased to be qualified, and if they have and they are no longer eligible to be a senator, then the Senate should so resolve, and thereby declare the seat vacant.

It should be noted, mind you, that the Senate has never forcibly removed one of its members against the will of the senator in question.
Click to expand...

Exactly.

You do know your stuff.
 
Goober

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Auditors to look into living expenses of Senators Brazeau, Duffy, Harb - The Globe and Mail

A Senate committee is seeking legal advice on how to treat the living expenses of Conservative Senator Mike Duffy, who has been claiming a cottage in Prince Edward Island as his primary residence even though his permanent home appears to be in Ottawa.

The Senate committee on Internal Economy, Budgets and Administration announced the request for legal advice in a statement Friday. The committee also announced that the expenses of Mr. Duffy and two other Senators – Patrick Brazeau and Mac Harb – have all been referred to the Deloitte auditing firm.
 
L Gilbert

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Goober said:
So what is the law if you do not maintain residency as required by the constitution???

Tory Senator Mike Duffy’s office called P.E.I. health minister to fast-track document after asked to provide residency proof by auditor | Canadian Politics | Canada | News | National Post

P.E.I. Senator Mike Duffy under fire for living expenses - Politics - CBC News

Senators are also required to be "resident in the province for which [they are] appointed," according to the Constitution, though it's not clear what the definition of resident is.

Currie told CBC News that Duffy's health card request was brought to his attention and that those requests don't usually go to him. He said the health card would be a new one, not a renewal.

"I don't get involved as minister with any individual request, whether you're a senator or whether you're Joe Public. There's a process and I let the system take care of it," Currie said.

"We do have a process and the expectation is that we stay true to that process."
Mystery call

Currie wouldn't say who had made the call to his office about a card for Duffy.

Currie posted an Ottawa Citizen story on his Facebook page that said Duffy's office tried to pressure his office into fast-tracking it. Currie also "liked" the story on Facebook.
Click to expand...
Jeeez. Slap the useless blimp with a decent fine and send him to his room ............ in PEI.
 
Goober

Goober

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L Gilbert said:
That what the penalty is? I'd sooner smack them with a fine. At least my way, I wouldn't be paying for their room n board.
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The report will be interesting. Probably show that the rules, policies are not clear and should be clarified. Any bets on that one???
 
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