Senator Patrick Brazeau to be forced on leave after charges

Patrick Brazeau is to be put on a leave of absence from the Senate until the assault and sexual assault charges against him have been resolved.

Brazeau was charged Friday morning following his arrest the previous morning in Gatineau, Que., across the river from Ottawa.

He was kicked out of the Conservative caucus shortly after the arrest. He will now sit as an Independent.

Senators charged with a serious crime keep their seats, but are placed on a leave of absence until charges are withdrawn, the court proceedings are stayed, or the charges result in dismissal, conviction or acquittal. The board of internal economy can suspend that senator's right to the use of some or all of the Senate resources, including office resources and travel funding.

"In essence, now that he has been charged, the Speaker will instruct the Senate that he will be placed on a forced leave of absence," Marjory LeBreton, leader of the government in the Senate, said in an email to the CBC's Hannah Thibedeau. 

In a separate statement, LeBreton said the Conservative caucus in the Senate will move Tuesday to start the leave.

"In addition, the motion will ask the Senate committee on internal economy to take the necessary steps to remove the ability of the Senator to access Senate resources."

Brazeau released with conditions

Brazeau won't be able to sit in the Senate, aside from an appearance each session — about every two years — to maintain his status. Any spending for him or his office has to be pre-approved by the Senate's internal economy committee, a committee in charge of budgets and rules. 

"Obviously, he cannot be removed immediately because of the presumption of innocence and will continue to be paid," LeBreton said.

Brazeau, who appeared in court wearing a dark grey coat, did not have his lawyer present for his first appearance at about 9:15 a.m. ET. The senator told the court he hadn't been able to reach his counsel, and his case was suspended briefly.

When he appeared again shortly before 10 a.m., he was released on $1,000 bail until his next court appearance on March 22.

His release carries additional conditions:

• He cannot carry a firearm.
• He cannot communicate with or be within 150 metres of the complainant.
• He cannot change his address.

There is a publication ban on the complainant's name.

In court, Brazeau gave an address in Maniwaki, Que., as his home. It caused some confusion in the court when it did not match the Gatineau address on the charge sheet.

Crown prosecutor Sylvain Petitclerc told reporters outside the court that Brazeau said he would live in Maniwaki for the remainder of the proceedings. Petitclerc called the charges "serious."

Brazeau is under investigation for discrepancies in the living expenses he has claimed as a senator. On Friday, the Senate committee overseeing an audit into senators' expenses announced it has retained the services of accounting firm Deloitte so external auditors can review the submissions of Brazeau and two other senators: Ontario's Mac Harb and P.E.I.'s Mike Duffy.

The investigation stems from allegations that the senators live primarily in Ottawa but claim to live more than 100 kilometres outside the capital so they can collect a living allowance.

Brazeau was escorted by court security from a counter where he signed off on the conditions to a stairwell leading to the exit. Surrounded by journalists for the brief walk from the counter to the stairwell, he said nothing.

Harper 'appalled'

Prime Minister Stephen Harper says he feels let down by the "extremely appalling and disappointing" situation with Brazeau, a senator he recommended for appointment.

Speaking in Burnaby, B.C., Harper said Friday the allegations against Brazeau shouldn't obscure that most people in the Senate work hard and take their responsibilities seriously.

• Related: Can a senator be removed from office? 
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• Related: Patrick Brazeau's stormy time in the Senate 

"Obviously, the situation with Senator Brazeau is terrible. It is extremely appalling and disappointing, and we all feel very let down," Harper said, pointing out that the charges against Brazeau are "extremely different" from the allegations against Brazeau and two other senators that they claimed expenses they weren't entitled to.

Harper reiterated his call for an elected Senate with limited terms. The Conservative government has referred legislation to the Supreme Court of Canada to see whether a constitutional amendment is needed to make those changes.

Harper also reminded reporters that Brazeau was appointed to the Senate after serving as national chief to the Congress of Aboriginal Peoples, "one of the country's largest and most respected aboriginal organizations."

"Obviously in, over a recent period, something has been going very wrong and that is the reason for the situation that has developed and that situation will obviously be dealt with by the courts," he said.

'Never should have been nominated'

New Democrat MP Alexandre Boulerice said Friday after question period that Brazeau never should have been nominated in the first place, and that the nominations of Brazeau and Duffy show the prime minister has a problem with political judgment.

Boulerice pointed to allegations of sexual harassment that date back prior to Brazeau's appointment and said Brazeau was forced to pay back $50,000 to the Congress of Aboriginal Peoples after he left.

"So there were already hints in the file," he said.

"We're calling into question the political judgment of the prime minister in these nominations. How was it that someone like Patrick Brazeau was named to the Senate, with a job for life? For taxpayers it will cost, until 2049, $7 million," Boulerice said.

"He has some personal problems. The justice [system] will follow its course, of course. But the problem is the Senate and the political nominations of this government and the Liberals before."

Government House leader Peter Van Loan told MPs in the House that serious charges had been laid.

"Mr. Speaker, because of the seriousness of these events, the senator was expelled from caucus. The legal system will see to this affair," Van Loan said.

Conservative MP Eve Adams, parliamentary secretary to the veterans affairs minister, says violence against women is criminal.

"[Violence against women] is offensive to women. It’s offensive to men who respect women. And if the allegations are true, I'd call on Senator Brazeau to resign," Adams said.

Police called to dispute

Brazeau was arrested on Thursday morning after a call to 911.

Gatineau police Const. Pierre Lanthier told CBC News that a 38-year-old man spent the night in custody following his arrest. 

The two charges are summary conviction offences, which carry smaller penalties and shorter jail sentences than indictable offences.

Even if convicted, Brazeau may not be forced to give up his Senate seat if his sentence is less than two years.

The senator has weathered several controversies since his appointment in 2009.