Canada PoliticsSen. Patrick Brazeau and Mac Harb charged with fraud and breach of trust
Suspended Senator Patrick Brazeau and former Liberal senator Mac Harb have been charged with one count of each of breach of trust and fraud for their involvement in the Senate expense scandal.
The RCMP National Division announced the charges at a press conference, on Tuesday morning, and released this statement:
"The RCMP has proceeded to charge Mr. Brazeau and Mr. Harb with one count each of Breach of Trust and Fraud under sections 122 and 380 of the Criminal Code.
Both Mr. Brazeau and Mr. Harb will be appearing in court at a later date.
Canadians expect the RCMP to be exhaustive and unbiased in our investigations. From the Information to Obtain Production Orders, made public by the courts, you can see the detailed work that has gone into these files. In filing these ITOs, the RCMP followed case law and determined that there were insufficient grounds to satisfy the conditions required to seal them.
In some of these ITOs, the RCMP referenced that Mr. Harb had potentially committed mortgage fraud. Upon completion of our investigation, we concluded that the evidence gathered did not support these allegations.
These investigations were detailed and involved the careful consideration and examination of evidence. Our investigators interviewed dozens of individuals and witnesses.
As is typical with any investigation, we also reviewed and analysed thousands of documents, including financial statements, bank records and expense claims which dated back to 2003."
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Both Brazeau and Harb are two of four senators — along with Senators Mike Duffy and Pam Wallin — who are being investigated for their Senate travel and expense claims.
According to an ITO in August, the RCMP allege that Brazeau inappropriately claimed his father’s home in Maniwaki as his primary residence and, as such, claimed a $22,000 a year taxpayer-funded housing allowance.
As per Senate rules, "senators, whose primary residence is located more than 100 kilometres from the NCR [National Capital Region], are entitled to a reimbursement of travel expenses, and a reimbursement of living expenses, while in the NCR for Senate business."
The Mounties, however, say Brazeau didn't live in Maniwaki — he lived in a rented home in Gatineau, which is less than 10 kilometres away from Ottawa.
"I do not believe that Brazeau’s primary residence is in Maniwaki," RCMP Corporal Greg Horton wrote in the affidavit, published by CTV News.
"I believe that declaring that his father’s residence as a primary residence, while filing expense claims for a rental home where he actually resided, constitutes an offence of Breach of Trust."
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Court documents also suggested that Harb was under investigation for a similar scheme.
In July, CTV obtained a copy of a RCMP affidavit which claimed that, as a long-time Ottawa resident, Harb purchased a home in Cobden, 123 kilometres from Ottawa, only three months after being appointed to the Senate in 2003.
But, as explained by CTV, the Mounties are alleging that Harb didn't really live there.
"'By all accounts, that house was largely uninhabitable for the first three years that he owned it due to demolition and reconstruction,' [lead investigator RCMP Cpl. Greg Horton] said.
In October 2007, Harb sold 99.99 per cent of the ownership of the Cobden home to Magdalene Teo, then the Brunei high commissioner to Canada. Harb maintained a 0.01 per cent of the stake in the property, but still claimed it as his primary residence so he can continue to collect a Senate housing allowance."
None of the allegations have been proven in a court of law and both men claim that they didn't break any rules.
According to the Toronto Star, the RCMP investigations into Duffy's and Wallin's expenses will continue.
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Not surprisingly, the New Democrats have pounced on this story. On Parliament Hill, NDP MP Charlie Angus told reporters that the whole affair reflects badly on Prime Minister Stephen Harper and Liberal leader Justin Trudeau.
[The prime minister] appointed Patrick Brazeau despite numerous red flags being raised about him. It raises question about the judgement of Mr. Trudeau who said that Mac Harb had merely made an honest mistake at a time when the allegations around his financial dealing were getting more and more serious," Angus said.
"It raises many questions many questions abou the Senate. And the fact that we have an unelected unaccountable body with people being charged with criminal offences."
The NDP, of course, want to see the Senate abolished.
(Photo courtesy of the Canadian Press)
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