Mike Duffy trial: Stephen Harper praised Duffy in signed photo

As the lawyer for Mike Duffy turned his focus to the Senate rules governing partisan activities, he entered into evidence aphotograph of his clientandStephen Harperwith a signed note by the prime minister praising the now suspended senator.

The photo, dated June 11, 2009, was signed "To Duff. A great journalist and a great senator.Thanks for being one of mybest, hardest working appointmentsever." The message was signed "Stephen Harper."

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The photo wasentered on thethird day of Duffy's provincial court trial in Ottawaon fraud, breach of trust andbribery charges.Duffy's lawyer, DonaldBayne, used the photo, which was given to Duffyonly five months after he hadbeen named a senator, to make the point that the prime minister was using Duffyfor political partisan activities and that taking part in these type of activities was expected of senators.

Partisan activities 'essential'

Not only weresuch activities expected,Bayne argued, but in fact they are sanctioned by theSenate administration rulesthat states "partisan activities are an inherent and essential part of theparliamentaryfunctions ofa senator."

So if you're involved in partisan activities, Bayne argued in court, then you're entitled to, according to Senate rules, the financial resources and administrative services needed to carry out those parliamentary functions. Of which, he continued, partisan activities are an inherent and essential part.Former Senate law clerk MarkAudcent, who has so far been the only witness to testify in the trial,agreed.

And what constitutes a partisan activity? Audcent said there is no definition of partisanactivitiesin the Senate administrative rules.

"Partisan activities are not a sideshow in the Senate, They aren't peripheral, whatever the public thinks," Bayne said.

The issue of partisan activities is of significanceto Duffy's case as the Crown has accused himof filing Senate expense claims for travel for personal and partisan reasons, unrelated to Senate business.

Bayne told the court that in the Senate expense system, there are virtually no limits on partisan activitieseligible for reimbursement.

The focus on the definition of partisan activities came two days after Audcent was questioned by Bayne aboutthe rules and regulations relating to the eligibility of being a senator and thespecific meaning of the words "primary residence."

Definition of primary residence

This is of particular importance to both the Crown and Duffy's defence.Duffydesignated his home in P.E.I. as his primary residence, and maintains that's the case, making him eligible to claim meals and living expenses for his time in Ottawa, even thoughhe has lived in Canada's capital since the1970s. The Crown disputes that P.E.I. is Duffy'sprimary residence.

Audcentalso agreed withBaynethat specific definitions of primary or secondary residences cannot be found in the Senate administrative rules.

While he testified that while there is no one defining criterionwithin the Senate administration rulesthat defines residency,there are "indicators of residence." Thoseinclude physical presence at the residency, the place where his or herhome is and wherefamily lives, and where that individualvotes, pays taxes and receives government and health service andhassocial connections.

Residency is important because, asAudcentexplained,the Constitution requires a senator to be a resident of the province he's appointed to represent.Baynehas reasoned that this constitutional requirement therefore made Duffy's residence in P.E.I. his most important residence, and by logical extension, his primary residence.

On Thursday,Audcentsaidthat a letter he gave toDuffy as he was about to become senator included no definition or guidelines on what constitutes a primary residence.BaynequestionedAudcent about his letter dated Dec. 22, 2008, to Duffy, just before Duffy was tojointhe Senate.

The letter byAudcentadvised Duffy about theduties hemust carry out in order to maintain histitle, including a "duty to reside at all times in Prince EdwardIsland."

Asked about the letter,Audcenttestifiedthat in terms of residency,therewas a difference betweenbeing a resident and just owning a home,and that a senator had a duty to be a resident.

This letter.Is there any definition of residence?"Bayneasked. "No,"Audcentsaid. "There's an invitation to consult."

"Certainly nothing in there aboutprimaryresidence or any guidelines for that?"Bayneasked. "No," Audcentsaid.

Brazeau makes appearance

Also at the provincial courthouse on Thursday was suspendedsenator PatrickBrazeau, who said he cameto show support for Duffy.

Brazeau at courthouse to support Duffy

9 years ago

Duration 1:03

Suspended Senator Patrick Brazeau and his lawyer arrive at the Ottawa courthouse to support suspended Senator Mike Duffy and to hear testimony on Senate residency rules.

Brazeauhas legal issues of his own, facing charges offraud and breach of trustrelated to his Senate expenses claims. Hehad been scheduled for a preliminary hearing in June. That's now postponed.

His lawyer,Christian Deslauriers, told a scrum of reporters that this week's legalarguments around Senateresidency ruleswere of interest to his case.

Brazeau alsohas beencharged withassault and sexual assaultconnected with an allegedincident two years ago, and haspleaded not guilty. Testimony began last month in that case.

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