Judge rules Duffy can’t sue Senate over loss of pay

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 Duffy’s lawsuit, which sought more than $7.8 million from the upper chamber, the RCMP and the federal government.

In a statement after the ruling, Duffy said he’d “take the time needed to review the decision, and consider options.”

Duffy is seeking damages in the wake of the high-profile 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.

In January, the Senate sought to be struck from the lawsuit and the two sides spent two days in court in June making arguments.

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

The Senate argued otherwise, saying executive interference doesn’t neuter the institution’s privilege.

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.