Senator Mike Duffy’s court challenge started yesterday, and the Senate as a whole fought back to have the Chamber excluded from his lawsuit under the rubric of parliamentary privilege. The Senate’s privileges include the ability to discipline its members – and this needs to be reiterated firmly, because as a self-governing body with institutional independence, that’s the only way that senators can be disciplined outside of a criminal process. This is also why there is a differentiation when it comes to the judge asking the hypothetical about the Speaker shooting someone – privilege does not necessarily cover criminality.

Part of what Duffy’s lawyers are trying to argue was that the Senate’s punishment of his suspension without pay should be subject to judicial review because he was acquitted of all charges by the Ontario Superior Court. The problem is that he was found to have broken several of the Senate’s rules, regardless of what the court found, and the Senate is empowered to deal with those breaches as they see fit – not to mention, it was also about making sure that discipline was seen to be done, which was important for a body that was facing scandal and public outrage. This doesn’t mean that they went about it in the best way, however – the pressure (especially coming from PMO, which the Senate leadership at the time capitulated to) wanted to have these suspensions out of the way immediately, and so Duffy’s interventions were cut short, and Senator Pamela Wallin never got her chance to defend herself at all because of the haste. Due process was not necessarily followed, and yes, that’s a problem. However, that is not a problem that can be sorted by means of judicial review, because that would undermine the Senate’s ability to be self-governing (just like the Senate subjecting itself to external financial control like the Auditor General wants would undermine its privileges and ability to be self-governing).

It can’t be understated how damaging it will be if we let the courts start interfering in the operations of Parliament, in either the Commons or the Senate. The constant injunctions to legislation, the threats of lawsuits, the massive breach of the doctrine of separation of powers – it’s not something that we should mess with. Duffy may feel he was treated unfairly – and maybe he was to an extent – but it’s no reason to start pulling bricks out of the wall when it comes to privilege. And if the judge has any sense, she’ll respect that separation and take the Senate out of the lawsuit.

Good reads:

• At a town hall meeting, Justin Trudeau defended the monarchy – sort of. (Seriously, though, it’s time to start owning that constitutional monarchy is the best system).
• Former prime minister Stephen Harper is planning a meeting at the White House with national security advisor John Bolton next week and hadn’t notified Trudeau.
• Harper also told a Five Eyes panel in London that he believes “America First” will outlast Trump, so Canada had best adapt to the new reality.
• New Brunswick’s premier says that the trade spat with the US could spur the province to tear down inter-provincial trade barriers.
• Premier Gallant is also calling out the proposals to reform equalisation, as it has helped all provinces (yes, including Alberta) at one time or another.
• Now that the cannabis bill has passed, regulations have been put forward, and they may allow people with past convictions to work in the industry going forward.
• The cannabis regulations also don’t include maximum THC limits.
• The Senate’s social affairs committee issued a report to say that they’re still not getting answers from the government on the disability tax credit problems.
• That fake Catherine McKenna Twitter account got deleted, likely for violating impersonation rules, and of course Conservatives are crying foul.
• On a related note, Facebook’s fact-checking squad is coming to Canada, and again, Conservatives are sore because a former Liberal insider is part of it.
• The Chief of Defence Staff has ordered that VADM Mark Norman’s position be declared vacant permanently as Norman goes to trial.
• The number of police officers per capita in Canada is at a 13-year low.
• The Saskatchewan government commissioned a study that says carbon taxes will devastate their economy – but won’t disclose their methodology or assumptions.
• Kady O’Malley looks at how the major parties are trying to reach their end-of-quarter fundraising goals.
• Chantal Hébert notes the 50^thanniversary of Pierre Trudeau’s first government being elected, and contrasts father with son Justin’s first few years in government.
• Andrew Coyne is unimpressed with the PMO response to the 18-year-old Trudeau “grope” claims, while Anne Kingston says it detonates his credibility.
• Colby Cosh explains the psychology behind Scott Moe’s crusade against equalisation.

Odds and ends:

Here’s a look at why people in Saskatchewan call hoodies “bunny hugs.”

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