How to get kicked out of the Senate? (Answer: it’s hard)

With calls increasing for independent Sen. Mike Duffy to resign or get kicked out of the upper chamber, and in light of recent events – you may have heard a little something about a $90,000 cheque and an ethics investigation – a key question remains.

What does it take to get kicked out of the Senate around here?

Answer: it’s very difficult.

While Prime Minister Stephen Harper told his caucus Tuesday that anyone who wants to use public office for their own benefit should make other plans or “leave this room” –  that doesn’t necessarily mean leaving the Senate altogether.

You can resign from caucus, as is the case with Duffy and Sen. Pamela Wallin. You can get kicked out or even be suspended from the Senate, as is the case with Sen. Patrick Brazeau who is facing assault and sexual assault charges.

But it still means a base salary of $135,200.

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It is possible to be fired, however.

Under the Constitution Acts 1867, there are five ways to get kicked out of the upper chamber:

1. If a Senator fails to attend two consecutive sessions;
2.  If a Senator takes an oath or makes a declaration of allegiance to a foreign power, or becomes a foreign citizen;
3. Becoming bankrupt or insolvent, or a public defaulter;
4. Attainted of treason, convicted of a felony or any “infamous crime.”
5. Ceasing to be qualified to be a Senator in respect of property or residence.

The Senate itself can also call for a vote, under the rules of the Senate, which is decided by a majority.

But a Senate spokeswoman says no senator has ever been removed from the Senate by vote.

For his part, Duffy said in a statement Wednesday he intends to cooperate with a Senate committee that will take another look at his expenses, after he refused to cooperate with a recent Deloitte audit.

“I welcome this development,” said Duffy. “Canadians deserve to know all of the facts.  I am confident that when they do they will conclude, as Deloitte has already concluded, that my actions regarding expenses do not merit criticism.”

When asked if Duffy should resign or be fired, Liberal Senate leader James Cowan said there is due process and Duffy will be further investigated.

“I think he ought to have the benefit of the doubt. He needs an opportunity to explain himself, and then we’ll see what happen once the committee has heard from him,” said Cowan.

In 2011, Raymond Lavigne resigned the Senate seat he held since 2002. Early in the month, the Liberal-appointed senator was convicted of fraud and breach of trust relating to improper travel claims totalling at least $10,000.

– with a file from the Canadian Press