A former law clerk of the Senate is continuing his testimony in the trial of Mike Duffy, following a day in which the definition of what constitutes a senator's primary residence became a significant point in the proceedings.
When court adjourned late Wednesday afternoon, Mark Audcent — the first and so far only witness to testify — was still being questioned by defence lawyer Donald Bayne.
The 68-year-old Duffy has pleaded not guilty to 30 charges of fraud and breach of trust and a single count of bribery.
Audcent spent most of his time Wednesday explaining the rules and regulations relating to the eligibility of being a senator.
Of particular importance to both the Crown and Duffy's defence was the definition of primary and secondary residences.
Duffy designated 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 though he has lived in Canada's capital since the 1970s. The Crown disputes that P.E.I. is Duffy's primary residence.
Audcent testified that while there is no one defining criteria within the Senate administration rules that defines residency, there are "indicators of residence." Those include physical presence at the residency, the place where his or her home is and where family lives, and where that individual votes, pays taxes and receives government and health service and has social connections.
Residency is important because, as Audcent explained, the constitution requires a senator to be a resident of the province he's appointed to represent.
But Bayne 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.
To back up his point, Bayne put pages of the concise Oxford English Dictionary in front of Audcent, and had him read the definition of primary as "of chief importance or principal."
Former Senate law clerk Mark Audcent leaves the courthouse Wednesday. Defence lawyer Donald Bayne will continue his cross-examination of Audcent Thursday. (Adrian Wyld/Canadian Press)
Audcent also agreed with Bayne that specific definitions of primary or secondary residences cannot be found in the Senate administrative rules.
Questions over the definition of primary residency come as a document, one of the hundreds of records made public on Tuesday at the trial, reveal that Duffy edited his Senate residency declaration form in 2013, crossing out "primary" and "secondary" in the descriptions of his homes in Kanata, Ont. and Cavendish, P.E.I.
Duffy also checked off both options to declare whether his primary residence was within or outside 100 kilometres of Parliament Hill.
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