The Supreme Court of Canada has dismissed Mike Duffy’s attraction of a decrease courtroom determination that held the P.E.I. senator could not sue the Senate for damages associated to the 2013-15 bills scandal.
The determination from the highest courtroom to not hear the case means Duffy’s multi-year authorized struggle has now come to an finish, and his lawsuit looking for tens of millions in damages from the Red Chamber has been tossed out.
The Supreme Court didn’t give a motive Thursday for declining to listen to the case, as is its typical follow.
In an analogous 2005 case, Canada (House of Commons) v. Vaid, the highest courtroom underlined the significance of parliamentary privilege to the separation of powers between the manager, legislative and judicial branches of presidency.
After a decide cleared Duffy of any felony wrongdoing in 2016 — Justice Charles Vaillancourt discovered all of his bills to be cheap — he launched his lawsuit in opposition to the Senate, claiming the physique ran roughshod over his constitutional rights in its dogged pursuit of a scapegoat for the scandal over questionable bills.
Duffy was looking for $7.eight million in reimbursement and damages from the Senate, the RCMP and the federal authorities in relation to his November 2013 suspension from the Red Chamber. Duffy’s lawyer, Lawrence Greenspon, has beforehand stated the RCMP lawsuit would proceed regardless of the challenges dealing with the Senate authorized motion.
Duffy was suspended by his friends after the RCMP launched a felony probe into his journey and residing bills. The senator maintains that the suspension violated his constitution rights.
He claimed the disciplinary actions taken in opposition to him — he was denied pay and advantages whereas his felony case was ongoing — had been “an unprecedented abuse of power” and tantamount to expulsion.
After Duffy’s acquittal, the Senate clawed again one other $17,000 in bills — after they got here to gentle through the trial — that had been deemed inappropriate.
Duffy argued the Senate’s actions brought on him irreversible “reputational damage” and value him cash when his public talking gigs had been cancelled.
In December 2018, an Ontario Superior Court decide dismissed Duffy’s lawsuit in opposition to the Senate, arguing the Senate and its members are protected by parliamentary privilege, making them immune from this type of judicial scrutiny.
Ontario’s Court of Appeal later upheld the decrease courtroom’s determination. In a strongly worded August 2020 determination, that courtroom dominated parliamentary privilege leaves little room for the courts to scrutinize a legislative chamber’s inside affairs and the way it disciplines its members.