OTTAWA – Another high-profile Conservative senator who sat in judgement of Senator Duffy’s expenses has made it into his criminal trial, with documents filed in court showing Senator David Tkachuk spent more on living expenses over three years than Duffy.
And a senator who is in hot water – Pamela Wallin – spent close to $1 million in that time, the documents show.
A highlighted exhibit filed by Duffy’s defence Tuesday shows Tkachuk spent $51,737.51 – almost $20,000 more than Duffy’s $31.195.27 – on living expenses between September 2010 and 2013.
In total, Tkachuk, who represents Saskatchewan, outspent Duffy on office, hospitality, living and travel expenses, at $729,164.68 compared with Duffy’s $711,114.17, according to the chart.
Wallin, who is under RCMP investigation but has not been charged, is the third-highest spender on the list – with expenses totalling $936,264.48 over the three years, including $374,000 for “other travel.”
The second was Liberal Terry Mercer, who represents Nova Scotia, at $968,877.76, and the highest was Liberal Nick Sibbeston, at $988,114, who represents Northwest Territories.
Patrick Brazeau, who faces his own fraud and breach of trust trial, spent just over $509,000 in that time, with $43,700 on living expenses.
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Duffy is facing 31 charges related to his living and travel expenses, most for fraud and breach of trust, and one for bribery in accepting $90,000 from former chief of staff Nigel Wright.
Tkachuk was one of three senators who sat on an internal sub-committee tasked with writing a report about an audit into Duffy’s expenses, a report that went easier on Duffy because he’d paid his expenses back. It was later revealed in RCMP documents that the prime minister’s office played a role in influencing the report.
Duffy’s lawyer Don Bayne said the figures were compiled by a third-party based on official numbers posted on the Senate website.
He used the figures in his third day of cross-examining the Senate’s former top finance official, Nicole Proulx, whom he has already suggested was working with the Crown against his client.
“You’ve never claimed that Senator Duffy’s living expense or office expense or travel expenses or hospitality expenses are inappropriate or out of line with the other numbers, correct?” Bayne asked.
“I never said that,” Proulx said.
Bayne brought up Tkachuk a day after he singled out another member of the Senate committee, Conservative Carolyn Stewart Olsen.
The defence lawyer pointed out that Stewart Olsen, Prime Minister Stephen Harper’s former director of communications who represents New Brunswick, has lived in Ottawa since the 1980s.
But she too claimed living expenses to live in the NCR (National Capital Region). According to the chart, Stewart Olsen racked up more than $61,000 in living expenses between September 2010 and 2013.
“Did you do any review of your records concerning Carolyn Stewart Olsen?” Bayne asked.
“No I did not,” Proulx said.
“Would you know that in fact, however, she did make NCR living expense claims upon her appointment?” he continued.
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“I have to mention that I prepared for this particular case. I did not go and review all other senators. That would be way beyond what I would prepare for. So no I can’t answer that question,” Proulx said.
“Just like Senator Duffy is the only one on trial here, isn’t it,” Bayne replied.
Tkachuk also spent $244,071.55 on travel expenses, compared with Duffy’s $182,390.05. In the “other travel” category, however, Duffy spent almost $55,000 compared to Tkachuk’s $19,628.89.
Bayne has not hidden the fact that Duffy lived in Ottawa prior to his appointment, but argues Duffy was eligible to claim the expenses because he was appointed to represent Prince Edward Island.
The lawyer spent Tuesday grilling Proulx for the third day about Senate rules for living expenses and travel claims.
Partisan activities not defined
Court heard that partisan activities are considered “inherent and essential” part of a senator’s Parliamentary function, according to the Senate’s guiding document, the administrative rules.
But aside from limits on claiming expenses during an election and for personal business interests, there is no explicit description of what a senator can and can’t claim as partisan activities.
And what’s more, the travel claims at the time of Duffy’s allegedly fraudulent expenses didn’t ask for a description.
“The system you set up deliberately creates a system where you don’t ask questions,” Bayne told the court.
While Proulx said it’s known that senators can’t claim for fundraising activities, she was unable to find a mention of it in any of the rules or policies examined by the court.
In one document about miscellaneous expenses, it says senators can’t claim expenses to make donations for fundraisers, raffles tickets, or registration fees for political events.
Proulx said the rule was conveyed to her through a fellow employee, who would have got it from the Senate’s internal economy committee – but that committee meets behind closed doors.
What’s more, she couldn’t say if it was ever written down, or simply communicated orally.
When asked if senators were ever informed, Proulx said, “I can’t answer that.”
Proulx agreed that before a June 2012 travel policy, there was no definition of primary or secondary residence in the administrative rules.
But the word is used in expense forms to claim living expenses, which Duffy used to claim his expenses in Ottawa for four years.
In the administrative rules, it says a senator is entitled to the $20,000 annual allowance if a senator’s “provincial” residence is 100 kilometres from Parliament Hill.
Duffy’s allegedly fraudulent expense claims have to do with his time as a senator between 2009 and 2012.
Proulx is back on the stand for a sixth day Wednesday.
BELOW: FULL LIST OF SENATOR EXPENSES:
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