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Mike Duffy is suing the Senate, federal government for $8M
Sen. Mike Duffy is taking legal action against the Senate and the federal government, seeking nearly $8 million in damages.
The suit seeks $6.5 million in general damages, $300,000 for loss of income and benefits and $1 million in punitive damages relating to the treatment Duffy faced during the Senate expenses scandal.
In a statement, the P.E.I. senator said Conservatives are still in control of the Senate's powerful internal economy committee — which deals with budget and other personnel matters — and they have proven they are "not interested in correcting the unjustified actions taken against me by the Senate."
"The Harper Conservatives have left me with no choice but to go back to the courts for justice," Duffy said.
Duffy said he has suffered "stress and serious financial damage" since the Senate moved to suspend him from the chamber and referred his questionable expenses to the RCMP for investigation in 2013. The senator maintains that he was not afforded due process or the presumption of innocence throughout these proceedings.
The Senate's interim law clerk, Jacqueline Kuehl, told CBC News the Red Chamber would not comment as the matter is before the courts. The Senate will soon be expected to file a statement of defence in response to Duffy's accusations.
Duffy is also accusing the RCMP of negligence in their investigation of his housing and travel expenses because they did not give him an opportunity to adequately respond to accusations against him before filing criminal charges.
He contends that his Charter rights were violated because he was subjected to "cruel and unusual punishment" during the course of the scandal.
"The message to the RCMP is: the guy you charged should have never been charged ... and you ruined his life. It's time to try and make Mike Duffy whole," Lawrence Greenspon, Duffy's lawyer, told reporters Thursday.
An Ontario judge dismissed all 31 criminal charges relating to Duffy's Senate expenses in April 2016, clearing the way for his return to the Senate. Duffy now sits as a member of the Independent Senators Group (ISG).
"Sen. Duffy's acquittal at trial has not remedied his damages," the statement of claim filed in court Thursday reads.
"A significant stigma still remains. Sen. Duffy continues to suffer emotional and physical damage due to continued and prolonged reputational damage that continues to this day, including daily mention, mockery and ridicule in media outlets nationwide."
The P.E.I. senator's pay — and most of his benefits — were withheld for two years but were later restored when former prime minister Stephen Harper dissolved Parliament to call the last election.
Senior Conservative senators have previously warned that Duffy will face an uphill battle if he tries to recoup lost pay.
Sen. Mike Duffy is taking legal action against the Senate and the federal government, seeking nearly $8 million in damages.
The suit seeks $6.5 million in general damages, $300,000 for loss of income and benefits and $1 million in punitive damages relating to the treatment Duffy faced during the Senate expenses scandal.
In a statement, the P.E.I. senator said Conservatives are still in control of the Senate's powerful internal economy committee — which deals with budget and other personnel matters — and they have proven they are "not interested in correcting the unjustified actions taken against me by the Senate."
"The Harper Conservatives have left me with no choice but to go back to the courts for justice," Duffy said.
Duffy said he has suffered "stress and serious financial damage" since the Senate moved to suspend him from the chamber and referred his questionable expenses to the RCMP for investigation in 2013. The senator maintains that he was not afforded due process or the presumption of innocence throughout these proceedings.
The Senate's interim law clerk, Jacqueline Kuehl, told CBC News the Red Chamber would not comment as the matter is before the courts. The Senate will soon be expected to file a statement of defence in response to Duffy's accusations.
Duffy is also accusing the RCMP of negligence in their investigation of his housing and travel expenses because they did not give him an opportunity to adequately respond to accusations against him before filing criminal charges.
He contends that his Charter rights were violated because he was subjected to "cruel and unusual punishment" during the course of the scandal.
"The message to the RCMP is: the guy you charged should have never been charged ... and you ruined his life. It's time to try and make Mike Duffy whole," Lawrence Greenspon, Duffy's lawyer, told reporters Thursday.
An Ontario judge dismissed all 31 criminal charges relating to Duffy's Senate expenses in April 2016, clearing the way for his return to the Senate. Duffy now sits as a member of the Independent Senators Group (ISG).
"Sen. Duffy's acquittal at trial has not remedied his damages," the statement of claim filed in court Thursday reads.
"A significant stigma still remains. Sen. Duffy continues to suffer emotional and physical damage due to continued and prolonged reputational damage that continues to this day, including daily mention, mockery and ridicule in media outlets nationwide."
The P.E.I. senator's pay — and most of his benefits — were withheld for two years but were later restored when former prime minister Stephen Harper dissolved Parliament to call the last election.
Senior Conservative senators have previously warned that Duffy will face an uphill battle if he tries to recoup lost pay.