Duffy can’t sue Senate for suspension, judge rules

OTTAWA • An Ontario judge has delivered a blow to Sen. Mike Duffy in his bid for financial restitution over his dramatic and protracted suspension without pay five years ago, removing the Senate as a target in his multimillion-dollar lawsuit.

Justice Sally Gomery said in a ruling Friday that the Senate’s decision to suspend Duffy is protected by parliamentary privilege — a centuries-old right designed to protect legislators from having to answer to judges for doing their jobs — meaning Duffy can’t take the Senate to court over its actions. Gomery is striking the Senate from the lawsuit, which sought more than $7.8 million from the upper chamber, RCMP and federal government.

Duffy is seeking damages in the wake of the highprofile investigation of his expense claims, which culminated in his acquittal on 31 criminal charges in 2016.

He filed his claim in August 2017, claiming “an unprecedented abuse of power” when a majority of senators voted to suspend him without pay in November 2013, before any criminal charges had been filed.

Duffy’s lawyers argued that Stephen Harper’s staff aimed to quash a rising political scandal over Duffy’s housing claims and the upper chamber gave up its privilege when Conservative senators allowed the Prime Minister’s Office to dictate decisions about the case.

Gomery, in her ruling, said allowing a court to review the Senate’s decisions on Duffy would damage the upper chamber’s ability to function as an independent legislative body. She said she had to “respect constitutional imperatives” and suggested Duffy should do the same.

Duffy’s lawyer did not immediately respond to a request for comment.