One of those tangential sub-plots in the whole ClusterDuff affair reared its head in the testimony of Ben Perrin yesterday, which is the issue of the test of residency for a senator. Given that the issue had blown up during Perrin’s time in PMO, thanks to Stephen Harper’s panic appointments in 2008 where he named senators to provinces where those individuals did not currently reside but rather had originated from, they found themselves in trouble when a certain Senator Duffy was found to have been treating his long-time Ottawa home as a secondary residence that he could claim per diems with while his summer cottage in PEI was being treated as a primary residence, never mind that he rarely spent any time there, none of it in the winter. Perrin’s advice was to come up with several indicators, but that ultimately it would be up to the Senate to come up with those indicators for themselves. Stephen Harper disagreed, and said that as far as he was concerned, they were resident if they owned $4000 in real property in said province – a position Perrin found to be constitutionally and legally untenable. But the constitutionally untenable has become Harper’s stock in trade, particularly where the Senate is concerned, first with his unconstitutional reform bills, to his present policy of not making any appointments in defiance of his constitutional obligation to do so. (And no, Thomas Mulcair is no better with is own promise not to appoint any senators either). And we also know from the Duffy documents that Harper blocked an attempt by the Senate to strike a committee that would deal with the residency issue once and for all – because Harper wanted to protect those improper appointments he made. The rather sad thing is that if hadn’t made those appointments in haste, he could have ensured that they had their ducks in a row before they got appointed, to show that they had enough proof of residency to pass a smell test. He didn’t, constitution be damned – or at least be subverted on bogus “plain reading” arguments that don’t hold water the moment you think critically about them. And yet We The Media aren’t driving this point home to the voters, that the constitution does and should matter. (Aaron Wherry delves more into the residency issue here).

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