/Justin Tang

The Senate should wait for the results of the police investigation before deciding whether to suspend Senators Mike Duffy, Pamela Wallin and Patrick Brazeau without pay, says a former Conservative cabinet minister.

In remarks that are at odds with Prime Minister Stephen Harper’s position, Peter Kent said he thinks due process should prevail.

Kent says he is also not the only Conservative MP to share that view.

“I would say that there is a significant number,” Kent said in an interview with iPolitics. “I haven’t polled my colleagues but I have had conversations with quite a few of them and we’re into double digits.”

Kent, who worked with Duffy and Wallin over the years when he was in journalism and served in Harper’s cabinet until July, said the “surprise” motion to suspend the three senators contradicts the government’s position up until that point — to let the police investigation run its course and not to rush to judgment.

“I just believe that it is a mistake to have put the motion now,” said Kent, who does not have a reputation as a maverick in caucus. “It has distracted us from the Speech from the Throne. It has distracted us from the magnificent achievement, finally, of the EU free trade agreement and we are still no closer to the outcome of the RCMP inquiry.”

Audits earlier this year found the three claimed expenses to which they were not entitled — expenses they have paid back or, in the case of Brazeau, are paying back. The three are under police investigation, along with former Liberal Senator Mac Harb, but no criminal charges have been laid and they have not been found guilty in a court of law.

Last week, however, Conservative Senator Claude Carignan, government leader in the Senate, tabled three motions to suspend Duffy, Wallin and Brazeau without pay, touching off a week of high political drama as the three embattled senators exposed tales of backroom deals, rivalries and betrayal as they fought for their political lives and livelihoods.

Kent’s comments Saturday came just before confusion set in concerning the Conservative government’s position on the motion to suspend the three senators without pay until the end of this Parliament.

On Radio Canada Sunday morning, Carignan suggested a move may be afoot to amend the motions or water them down when the Senate resumes sitting Monday.

Late Sunday afternoon, however, the prime minister’s office made it clear it wants to see Duffy, Wallin and Brazeau suspended without pay.

“These senators have already been found by auditors to have claimed inappropriate expenses,” said Jason MacDonald, Harper’s director of communications. “It’s the prime minister’s view, therefore, that they shouldn’t be collecting a public pay cheque.”

The prime minister also wants it to be done quickly, MacDonald added.

“They know what they did is wrong, that’s why the prime minister supports the Senate motion and wants to see them vote on it. The Liberals should stop delaying this, and end their support for Senators Duffy, Wallin and Brazeau.”

MacDonald did not spell out how soon Harper wants to see the vote take place. There has been speculation the motions to suspend the three senators are an attempt to punish the three former Conservatives before the Conservative party convention begins in Calgary on Thursday.

However, if anyone thought the motion would stop delegates from talking about the Senate expense scandal at the convention, they were mistaken, says Kent.

“If that was the logic behind the decision, I would say that was wrong.”

“I can’t imagine anyone believing that there was probability that by doing it and trying to actually execute the suspension before the convention was going to make it not a topic at the convention. It is going to be a topic there, it is going to be a topic of discussion. Certainly until the RCMP investigation is complete and I would think some time after that.”

Kent, who travelled to Cuba earlier this month to urge Cuban authorities to respect due process and the rule of law in connection with one of his constituents who has been jailed, said due process has to be respected in Canada as well.

“Due process is messy, it’s often inconvenient and it’s often very frustrating but I believe it is the right course to follow.”

Kent likened the Senate expense scandal to an onion, saying some layers have been revealed but he is not yet convinced that enough is known to make a decision.

“There’s not enough there, I believe, to make any sound decisions on right or wrong or intent.”

Kent also doesn’t subscribe to the argument that the three senators could have been fired without pay for their expense claims if they had been in the private sector.

“The Senate is not the private sector. The Senate is not even the public sector. The Senate is an anachronistic institution.”

Pointing out several times that it is up to the Senate to make a decision, Kent said one way out of the situation is to scrap or amend the motions.

“They could withdraw the motion. It will be interesting to see what Senator Plett or Senator Segal or others might propose in terms of amendments to the motion.”

“I think the basic necessity is to avoid a rush to judgment before all of the facts and the conclusions of the RCMP inquiry.”

Kent said he favours abolition of the Senate “if it is constitutionally possible,” and understands the frustration of Canadians upset with the way their tax money was spent, but urged patience.

“The greatest single ingredient that has been missing since day one, since this began to emerge, is patience. Patience for the full story, to make sound evaluations and sound decisions. I think that is what is called for here, as frustrating as it may be and as quite properly irritated that Canadian taxpayers are about the way they have seen tax dollars spent in some of these situations but I think that the Senate (should observe) due process and a complete professional investigation with all the facts considered before any sanctions are taken.”

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