Seat for Duffy invalid: Bulger TERESA WRIGHT The Guardian
A law expert on P.E.I. believes Mike Duffy’s appointment to P.E.I.’s Senate seat is unconstitutional.
David Bulger has been teaching constitutional law at UPEI for many years and has been called on by various governments many times for his expertise in understanding and interpreting government law.
After hearing about Duffy’s appointment to the Senate Monday and knowing that Duffy only spends a limited time on the Island, Bulger went digging through his law books.
There he found a stipulation in the Constitution Act that says senators must reside in the province for which they are appointed.
But since a person’s residence is not clearly defined, there is some ambiguity, Bulger said.
“What it comes down to is — does he have to be a resident in the province at the time when he’s appointed? Some of us, and I am one of them, would argue yes.’’
This is because Senate seats are based on geography, Bulger said.
Unlike MPs, who can be parachuted into a riding regardless of whether they are from the area, senatorial seats are fixed regionally and for each province.
This ensures that, regardless of population changes or election results, each province and region is fairly represented in Parliament.
And according to the Election Act, which is the only piece of legislation that defines what is a person’s residence, Duffy is not an Islander, Bulger said.
“It states if you work in one place and you live in another, then where you sleep is your residence — and Mike Duffy sleeps in Ottawa.’’
A number of other Islanders have raised concerns over Duffy’s appointment to the much-coveted position, considering he doesn’t live on the Island year-round.
Senate hopefuls Pat Mella and Patrick Ross, as well as UPEI political studies professor David McKenna and dozens of other local residents, have commented to The Guardian they believe Duffy should be required to make P.E.I. his province of main residence so he can best represent Islanders’ issues and concerns in the Senate.
Bulger believes the law requires him to do so.
“I think the appointment is unconstitutional because (Duffy) is not a resident of the province,’’ Bulger said.
“It can be fixed probably, but I think that at the moment it is an unconstitutional appointment and they should take the appropriate steps to get him to a point where he can be constitutionally appointed.’’
Duffy was a long-time Parliament Hill journalist and host of a national political television program.
His was one of 18 Senate appointments announced by Prime Minister Stephen Harper on Dec. 22.
The position comes with a $130,000 yearly salary.
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woooooo dufff from toronto writes: the man was born here he is a islander! you have to leave the island to do things with your job that you cant do here and i know that because i had to move to toronto for my job the big thing im trying to get at here is that you never forget where you came from and what you are about go duff
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Chelle' from PEI cottage/NS home writes: The day Haeper 'appointed' Brian Mulroney his Special Advisor, We knew this CON was NO different from the Mulroney CON government and unelected Associates, now all an Investors Group-directing their elected Puppets in Nova Scotia and Ottawa - PEI Libbers too.
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Islander from PEI writes: As much as I respect Mike Duffy in his position at CTV, Absentee landlords -Absentee Senators? If he had to run for the seat in KIngs County he might have a hard go of it. Time to move home Duff.
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Don't believe the Hype from PE writes: I don't really care if Duffy is a senator or not, as long as he represents PEI well. However, the constitution is very clear that he has to be a resident of PEI. The Election Act is not the clearest as he both works and sleeps in Ottawa. I believe what it should come down to, is what province did he last pay Income Tax to? Where did he file his income tax last year? And if he is going to represent PEI in the Senate, he should definately have to file his taxes in PEI from now on.
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KingStreeWestEnder from NS writes: Duffy does not reside in PEI..His appointment should be dismissed and if Duffy has any integrity he should decline the appointment. I could just imagine his editorial if some other patronage appointment was announced. If he wants to represent the Hypocritical Harper Government then Duff's honour is at stake here. I am from PEI but the law is simple..you must be a resident of the province simple. But laws are being broken. Duff is an expert on Parliament Hill isn't he ? He should know this ! Do we trust what says now or in the past about Parliament ?
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Terry murphy from Kingston, Ontario writes: SOUR GRAPES- who more represents PEI to the press,public and to all of Canada,than Mike Duffy. Mike will do a great job in the Senate representating the Island and even those sooth sayers who like to pick fly poop out of pepper.
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sour grapes from pei writes: Duffy is a great appointment, Catherine Callbeck spends most of the year in Ottawa as do most Senators, Duffy spends much of his summers here and always promotes PEI, maybe if the so-called experts worked to reforming the senate. some progress could be made, the pick me crowd will always complain
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Malcom X from pe writes: I think this appointment is great .We are bringing home an ISLANDER who has great insight into PEI and the Nation as a whole.
Our Government wants experienced Islanders to come home and help PEI. Which Mr. Duffy will do.
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GKB from PEI writes: Does The Guardian really think Patrick Ross was a 'hopeful'. Give be a break. Who the heck is Patrick Ross? Where does he work? Or does he?
Congratulations to Mike Duffy. He will represent PEI well, but I agree he should live here.
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William Lea from Charlottetown, PE writes: Notwithstanding Prof Bolger's observations, as a matter of law although a person may have only one domicile he or she can have more than one place of residence. Mike Duffy has a (summer) residence in this province. His appointment is valid.
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John from PEI writes: Isn't there one qualified Tory on PEI? If you ask Stephen Harper, that answer is No !
This is a joke.
Now Duffy has disappeared and is unavailable for comment. ...
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Northsider from PE writes: Dollars to donuts Mr. Duffy's annual tax return lists Ontario as his Province of residency, and has for years. If it does in fact state PEI, then end of story.
He could potentially make this happen by physically being on the Island & claiming PEI residency as at December 31, 2008.
Then again, if you simply want to face reality, you will conclude that Duffy's appointment is nothing more than the quid pro quo for services rendered.
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KingStreeWestEnder from NS writes: Where is his doctor ? Where does his partner live ? Where do his dependents live ? What province collects his taxes ? On his income tax lat year , where was his residence ? In which riding does he vote ? Where his is employment ? Just because he is on your team and you like or he's a good guy doesn't make it correct or legal !
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Jimmy Stewart from Toronto, Ontario writes: So this professor is telling us that Islanders can't leave PEI, make it big in Canada and get appointed to the Senate from there? That they have to go back and spend some time in PEI and get the Ontario, Alberta, Nova Scotia out of their system? Sorry, but I don't buy it. Duff is a proud Islander, lives there in his off months and wears both his Canadian and Islander identities on his sleeve. Because of this he should certainly be allowed to sit as an Honourable Senator from Prince Edward Island. Canada is severely weakened when Islanders, Albertans, Ontarians, etc. can't go off to other provinces without renouncing their province of origin – just because they've been successful at their job. Myopia like this is one of the reasons why there are such regional and provincial fractures in this country!
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Sonny McCarron from Cape Spear, NB writes: Fly Poop and Pepper Dishes, my how you have mellowed Mr Murphy. You are right on with this one though, Mike Duffy will do a great job for his homeland.I suspect Mike will not become an AWOL Senator and represent Islanders very well. Good luck Mike!!!
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The Observer from Stratford, PE writes: Would the Guardian waste time on this story if Mike was a Liberal?
Come on everyone, Mike promoted the Island frequently on his show. He is probably one of the better known Islanders in the rest of Canada. As a newcomer to PEI myself I am astounded at the tendency of some Islanders to knock down their people instead of celebrating them.
Merry Christmas to all in one of the only provinces where this greeting is still the norm.
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6 months plus a day from PEI writes: Yes, Mike is a great ambassador for PEI and Charlottetown. But he lives in the city of Ottawa and is a resident of the Province of Ontario.
So the question is:
''As of the moment his appointment was announced by Prime Minister Stephen Harper on Monday, the 22nd day of December in the year of our Lord 2008, was Michael D. Duffy considered a legal resident of the Province of Prince Edward Island under that province's laws?''
Based on Mr. Duffy's income tax returns for this past year (and many past decades), as well as consulting the list of electors for PEI, you can safely and certifiably say that the answer is ''no''.
He may be an Islander, having been born here, and he may maintain a seasonal vacation residence in our province, but he is not a legal resident of Prince Edward Island.
---------
ELECTION ACT, R.S.P.E.I., 1988
20. A person may have his or her name included on the list of electors
for a polling division, if he or she
(c) has been ordinarily resident within the meaning of section 22 or
23
(i) in the province for the 6 months immediately preceding the
date of the writ
22. (1) Subject to subsection (2) and section 23, the place where a
person is ordinarily resident is the place where the person lives and to
which, when absent, the person intends to return.
(9) Where a person on the date of the writ is ordinarily resident in a
dwelling which is generally occupied only during some or all of the
months of May to October, and on such date, even though he or she has
no other dwelling to which at will he or she may return, he or she is
deemed to be ordinarily resident, for the purposes of this Act, in the
polling division in which he or she normally resides during the months of
October to May.
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Embarassed easternenr from Ont writes: Useless declarations like this from some some so called constitutional expert are the reason no one from the rest of Canada takes the maritime s seriously anymore. Mike Duffy has been appointed to the senate to represent PEI....deal with it! If you don't like it, stop moaning and complaining and support senate reform.
I winder if the anointed one, Iggy had filled these seats if there would be an uproar? I doubt that....you people are such hypocrites
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Patrick L from Charlottetown, PE writes: A glimpse of hope for Patrick Ross who was SURELY number two on Harper's list!!!!
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frank from summerside, pe writes: FYI, Duffy is moving back to PEI and will be filing his taxes and listing PEI as his permanent residence.
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WC Islander from BC writes: Mike Duffy's appointment is only a few days old -- brand new. Most of the comments here are premature. Did anyone at 'The Guardian' including Teresa Wright, ask Mike Duffy what his plans were before writing the article? Did anyone ask Mike Duffy if he would retire from CTV in order to accept an appointment as Senator? Did anyone ask Mike Duffy if, following retirement, he plans to relocate his permanent residence to P.E.I.? People need to give Mike Duffy a chance to collect his thoughts.
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TA from pei writes: How we like to bash and criticize anyone who is prominent. Mike Duffy has promoted PEI at any opportunity that presented itself. He is knowledgeable relating to government, our history and certainly well connected to our political leadership. Anyone that gets teary eyed when talking about our troops, our country and what we represent as a nation has my vote. I'll stand under our flag with Mike anytime and let the tears roll. Merry Christmas to all.
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Displaced NBer Seeks Slacker Senate Post from When She Retires, Originally NB writes: Be careful what you wish for, kids. The role of the Senate was designed to be a sober second thought when our Fathers of Confederation assumed the democratically elected Members, who were mostly comprised of common folk in their opinion, couldn't really make smart legislation for the country. So they thought it might be nice to appoint some real people (elites) to the second body, known as the Senate, to keep a watchful eye on those less, um, polished individuals. Yes - they were snobs.
Well, things have changed - we no longer have a voice of the people. Now the elites dominate the House and the Senate, so the average Canadian doesn't have access to or influence over either Body anyway. The Senate remains a place to reward partisanship and to appoint people who will be political pawns representing the PM's interests. This is, of course, what Harper is doing. He knows that Duffy will represent his interests and give the Conservatives an edge. Duffy will claim that he's unbiased but, for any of you who have watched CTV over the years, we're all aware of his right-of-center beliefs. He was definitely likeable, and even went out on a limb to ask tough questions, but at the end of the day he was still conservative.
Appointing Senators is one of the few hands Harper has left. It's a pretty lame hand but he'll have to work with what he's got. Interestingly, he was once very vocal about his desire to have elected Senate spots, claiming appointments were undemocratic - but all Parties change their ideological tune when they feel their power slipping away.
I've read everyone's comments thus far. For those of you who think that Duffy would be great representation, you must all live in the area that elected a Conservative MP, because the majority of Islanders are die-hard Liberals. Duffy wouldn't represent the vast majority. But you can be assured that he will represent Harper's interests. That's the whole point to him being there. Whether or not it's constitutionally sound will be left up to the experts. I suspect it is. Either way, good luck Islanders! Just remember that Duffy's appointment might not be an advantage to you in the long run - on the contrary, your approval might help the Conservatives weasel their way back into the game.
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Quit whining from PE writes: How many Islanders do you think leave for more than 183 days a year? Yet, they use the medical system and pay Island rates of property taxes and claim PEI as their permanent residence. Mike Duffy is an upstanding citizen and the Island could use a few more like him.
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cory from pe writes: gotta agree with GKB, i can't believe the Guardian or anyone else is suggesting Patrick Ross could or should have gotten it... LOL i can think of 15-20 PEI Tories who would be more deserving
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Volks Lad from Toronto, Ontario writes: Wow, what a bunch of sour grapes from the never left the Island to do anything with their lives crowd.
Suck it up, Duffy is a better person than the lot of you, and deserves the benefits of his HARD WORK!
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Jim from PEI writes: Everyone knows Harper does what he wants
Thats what Canada gets for electing this sleaze. He cant be trusted.
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G Gower from ST. Andrews, NB writes: SOUR GRAPES! Sounds like the so called expert is a liberal.
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John MacInnis from Charlottetown, PEI writes: If anybody wants to know how things really work in Canada, simply ignore everything that David Bulger said in this article, and then read The Friendly Dictatorship, a book that was written by Jeffrey Simpson in 2002. Anyone who questions the eligibility of Mike Duffy for the Senate hasn't taken a very close look at some of the people that Pierre Trudeau, Brian Mulroney, Jean Chretien and many other Canadian PM's have appointed to the Senate.
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Terry murphy from Kingston, On writes: Mike is a CANADIAN and a dam proud one at that. I did 34 years in the military and during my first 25 years my place of ordinary residence was PEI(Where I joined) and although I was away for there 95% of the time I was still a resident in the eyes of the law. But first of all I was a Canadian,then,now and forever.
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Garth Staples from PE writes: Canadians and Islanders are such 'nitpickers'!
Mike is a Canadian either in Ottawa, Halifax or Rustico. So am I.
Get over it. Mike has done more for PEI's image then the current crop of Island Senators combined.
Mike will continue to give to PEI while others take.
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Dan from PEI writes: Here's another constitutional point you should consider, professor:
You are 'without standing' and therefore can't challenge the appointment.
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Displaced from Home from PEI writes: I see nothing wrong with Mike Duffy's appointment and can relate. I was born and raised in Charlottetown. I have also been in the military for 23 years with no place to work in my home province. That does not mean I do not consider it home. My voting district is, and always will be the Charlottetown riding, which also makes me a resident.
There are some that wish they could live on the Island, but know we do more good by representing it in other areas. If any Islanders actually listened to Mike Duffy he has long been calling for senate reform. Maybe now he can act on what he has called for as an island senator who probably tries to get back homa as much as I do. It's not that we don't want to live there permanently, it's that we can't because of our service.
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E. Coli from Chtown, PEI writes: Big deal, if there is a consititutional problem, delay his appointment for a month till he moves back to Charlottetown.
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Stupidity Reigns On PEI from Charlottetown, PE writes: To John MacInnis: Exactly!
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Billy from pei writes: What abput Ralph Klein? He visited the Islnad once I think.
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Mac from Ch'town, PEI writes: I've read Jeffrey Simpson's book (filled with fallacies and opinions but very few facts, typical of Simpson) and I still feel David Bulger is just another liberal (small 'l' deliberate) professor objecting because it was PM Harper who made the appointment. Funny how guys like Bulger never object when Liberals are running the show, isn't it?
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reader from pei writes: To the few that read Simpson and find his rants credible,I offer you a great deal on prime swamp land.........
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Mary Kristmis from PEI writes: I'm sure if it was a Liberal appointment, Mr. Bulger and other ivory tower types would take no issue with it.
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omenerves from PEI writes: The 'ulitimate' senior's nest.
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John MacInnis from Charlottetown, PEI writes: That's right Mary Kristmis, the only reason that David Bulger had any comments about Mike Duffy being appointed to the Senate is because he's a leftie......he probably admires people like Pierre Trudeau and Jean Chretien, and probably thinks they were both great leaders of Canada. A story like this attracts comments from people on both sides of the spectrum. Jeffrey Simpson's book does feature his opinion on various aspects of Canadian politics, but the book is also loaded with facts about the Canadian political system. When Brian Mulroney won in 1984, I was a very happy camper, because I'm a conservative...but some of the things that Mulroney did in office made me question his conservative credentials.......Ronald Reagan and Margaret Thatcher are the 2 people that I really liked in the world of politics, and although Mulroney had a lot of potential as a true conservative when he took office, it seemed that the progressive members (translation: liberal) in the Progressive Conservative party were having way too much influence in the government......Joe Clark is an excellent example of a person who was in a conservative political party, but was actually a liberal. The fact that I dared to mention the names Ronald Reagan and Margaret Thatcher will no doubt motivate some liberals to post a comment to spew their venom.....
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island born and living on the island from PEI writes: I loved that episode on Front Page Challenge back in the late 70s or early 80s when a former premier (methinks it was J. Angus MacLean) who was challenged by Pierre Burton and a couple of the other Upper Canadian and Western Redneck snobs for his Island-centric views.
''I am a Prince Edward Islander first, a Maritimer second, and a Canadian third.''
Duffy is #3 in my books. Didn't want to stick it out at CFCY or the local CBC affiliate and wanted the glory and limelight.
Now he rides back here on his Island roots claiming to be ''an Islander'' when he is nothing but a lapdog for Canadian interests, not Island interests.
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WIDE BELLY from Charlottetown, P.E.I. writes: Mary Kristmis and all you others out there like her, until you can provide accurate proof that what you say about Professor Bulger is true try sticking to facts. It is doubtful that you have ever heard of Prof. Bulger let alone know what his political leanings are. Since he is using constitutional law as the basis of his arguments his politics are irrelevant. Typical of many conservatives - if you perceive a liberal may be involved you go off the deep end and spout all kinds of fallacies to make your argument.
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John MacInnis from Charlottetown, PEI writes: I know who David Bulger is Wide Belly, and I've read many of his comments during his tenure at UPEI. But I don't expect you or anybody else to believe my comment that Bulger is a leftie. Why don't you ask him yourself Wide Belly ? He might reply that he's a progressive, because these days many people on the left avoid using the word liberal, as they are very aware of the FACT that many people consider liberals to be nothing more than tax-and-spend politicians who think that the federal treasury is a piñata that has unlimited funds for their leftie ideas. I wrote a comment last week that described Bob Rae as a socialist, and a reader posted a comment that I was wrong to call Bob Rae a socialist, because he was actually a social democrat, not a socialist. Please. Spare me. Why is it that so many lefties aren't able to tell the truth about what they actually are ? I'm a conservative on the far right of the spectrum, I don't have a need to mask or hide what I really support. I'd love to give Mr. Bulger a list of some of the names who Trudeau and Chretien appointed to the Senate, and then read his academic assessment of why they were excellent choices for the Senate, because they all passed his constitutional law test.....I don't go off the deep end when a leftie gives an opinion on anything, and I don't use comments and/or anecdotes that aren't true. I've been deeply immersed in political events for over 33 years, and I don't just follow what people on the right say - it's not possible to critique the lefties with accuracy if you don't follow what they say - and do. So I'll bet that David Bulger read the story that's in The Guardian, so maybe he'll do all of us readers a favor and write a post telling us all if he's actually on the right or left of the spectrum......
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Brian McCallum from Calgary, AB writes: I have known Mike Duffy since the late 1950's, and taught him in Charlottetown during his formative years. He was then and is now a proud Islander. Over the years I have met and spoken to him, not only in Ottawa, but also in Toronto, Calgary, and on PEI. There is no doubt that he is a proud Canadian, but much more a very proud Islander. Congratulations, Mike; you'll make a fine Senator, and make Islanders proud of you.
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he's not an islander, yet, but he's still from Ontario writes: Fact: On 22 December 2008, Mr. Duffy was a legal resident of Ontario.
Another fact: Duffy won't be a legal resident of Prince Edward Island until he has lived here for 6 months, plus a day, CONSECUTIVELY. This is in our provincial Election Act.
Yet another fact: Until he establishes residency, he cannot serve in the Senate of Canada representing Prince Edward Island. He can represent Ontario, because he is a resident in that province, but he cannot represent P.E.I. until he establishes residency. He doesn't have to own property in P.E.I. to have residency but he does have to live here and even if he moves back here into an apartment next week, he won't be a legal resident of P.E.I. until the end of June 2009. It is only then that he can also acquire a P.E.I. health card and give up his OHIP card.
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