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Nigel Wright’s cheque is a “scandalous” donation of private dollars to the public treasury.

A scandal and a shame it may be, but in an upside-down way. Mike Duffy’s expense claims have not yet been found to be legally or procedurally wrong. Duffy was unwilling to pay them back. Nigel Wright tried to pre-empt the issue by making use of his personal fortune. It’s a “scandalous” donation of private dollars to the public treasury.

If I ask what is actually scandalous about this, I am guaranteed to receive several different answers. The Conservatives are charged with having considered paying Duffy’s expenses out of party funds, which, I am told, are “public” in nature because they are supported by a tax subsidy. The Conservatives did, of course, contemplate using party funds … but didn’t. And those funds, though subsidized, exist precisely to be applied ad libitum for partisan convenience.

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Another theory is that Wright’s payment was, by its inherent nature, a “bribe.” The Conservatives, covering up bribery! — non-lawyers are fond of that one. Whether Duffy was guilty of accepting a bribe is, of course, one of the issues in the trial. It is even less clear that Wright is guilty of having offered a bribe: in law, a bribe does not take two to tango. Under the Criminal Code, giving a bribe means giving money to a legislator in order to get them to do something, or not do something, “in their official capacity.” There are plenty of speculative theories about what Wright had to gain from paying Duffy’s expenses: none, as far as I can see, involve Duffy’s official conduct.