Senator Duffy: Who is guilty of what?

This is a not case in which one can properly conclude that The Law is an ass.

The presiding judge in a court of law recently found Senator Michael Duffy not guilty of all 31 charges brought against him for fraud, breach of trust and bribery.

However, several prominent “judges” who serve in the “Court of Public Opinion” (hereinafter referred to as the “People’s Court”) have delivered several guilty verdicts against Duffy, the Senate administration, the former chief of staff in the Prime Minister’s Office (PMO) and the former prime minister.

Here is a summary of the verdicts of the People’s Court:

  • On the charge of misrepresentation of the facts related to his place of primary residence, the senator is found not guilty, having acted on the advice of presumably reliable authority figures.
  • On the charge of malicious and unethical misrepresentation of the facts and the law related to Duffy’s place of primary residence, the former prime minister is found guilty.
  • On the charges of unethical use of Senate funds for partisan political party purposes, the senator is found guilty.
  • On the charges of colluding with Duffy in the unethical use of Senate funds for partisan political party purposes, the former prime minister is found guilty.
  • On the charges of the unethical use of Senate funds for inadmissible personal purposes, the senator is found guilty.
  • On the specific charge of the unethical sub-contracting of a third party to provide services of a personal nature paid for with Senate funds and which are not admissible for the use of Senate funds, the senator is found guilty.
  • On the charge of accepting a bribe in order to reimburse the Senate for allegedly illegitimate claims already paid for by the Senate, knowing that the mechanisms related thereto were dishonest, unethical and maliciously designed for partisan political party purposes, the senator is found not guilty, he having acted under extreme duress.
  • On the charge of paying a bribe to Duffy so that the senator could reimburse the Senate for allegedly illegitimate claims already paid to the senator by the Senate, knowing that the mechanisms related thereto were dishonest, unethical and maliciously designed for partisan political party purposes, the former chief of staff in the PMO is found guilty.
  • On the charges of violation of the constitution as it relates to the autonomy of the Senate, on the charges of breach of trust and breach of their oath of public office in the manipulation of the activities of the Senate and of individual senators, the former prime minister and the former chief of staff are found guilty.
  • On the charges of dereliction of duty, breach of trust and breach of their fiduciary duty to act faithfully on behalf of the state and on behalf of all Canadian citizens and residents and on the charge of failure to set up and apply an appropriate system of rules and regulations for the use of Senate funds according to the highest professional and ethical standards, the Senate administration is found guilty as charged.

In that regard, it is important to note that several of the conclusions of the court of the land did find favour with the People’s Court. One of those conclusions is reproduced hereunder, verbatim from the text of a newspaper report that appeared in the Globe and Mail:

“In his final summation, the judge noted the Crown had alleged ‘Senator Duffy’s actions were driven by deceit, manipulations and carried out in a clandestine manner,’ but he added: ‘I find that if one were to substitute the PMO, Nigel Wright and others for Senator Duffy in the aforementioned sentence that you would have a more accurate statement’.”