Sources say the Crown is set to drop charges of fraud and breach of trust against Senator Patrick Brazeau.CHRIS WATTIE/Reuters
The last criminal case related to the Senate spending scandal is expected to fizzle out when a court in Ottawa convenes on Wednesday for the case of Senator Patrick Brazeau.
Sources said the Crown is set to drop the charges of fraud and breach of trust against Mr. Brazeau, who was the last person still facing a trial after an extensive investigation by the RCMP.
If the charges are dropped Mr. Brazeau can return to the Senate.
"He is free to return as a Senator in full standing," spokeswoman Jacqui Delaney said in an email. He has also fully reimbursed the Senate of $55,016 in expenses, she said.
The Crown's decision in the Brazeau case follows the full acquittal in April of Senator Mike Duffy on 31 charges of fraud, breach of trust and bribery. The verdict in that case created a strong precedent that effectively put an end to proceedings in a series of similar cases.
Within a month, the RCMP shut down their investigation into Senator Pamela Wallin without laying any charges.
"Following consultation with Crown counsel, the RCMP has determined that no criminal charges will be laid against Senator Wallin," Assistant Commissioner Gilles Michaud said in a news release.
Ms. Wallin told reporters at the time that she was relieved that her three-year-long "nightmare" was over.
The following day, the Crown withdrew fraud and breach of trust charges against retired senator Mac Harb, saying that "there is no longer any reasonable prospect of conviction." His trial, which related to a decade's worth of housing and travel claims, was set to start in August.
"This was one of the most highly politicized [sets] of charges that we've ever seen in Canadian history," said Sean May, Mr. Harb's lawyer.
At the time, Mr. Brazeau's lawyer, Christian Deslauriers, said he was negotiating with the Crown on behalf of his client. "We are of the opinion that Senator Brazeau's charges should be withdrawn as well," Mr. Deslauriers said.
Still, Wednesday's court hearing will not be the end of Mr. Brazeau's legal problems. Last week, the 41-year-old pleaded not guilty to a charge of refusing to take a breathalyzer test, and the case was put over until Oct. 26. The alleged incident that led to the charge took place on April 3 in L'Ange-Gardien, in western Quebec.
Last year, Mr. Brazeau pleaded guilty to reduced charges of assault and possession of cocaine after a more serious charge of sexual assault was dropped because the Crown said it did not have sufficient evidence. He received an unconditional discharge.
Mr. Brazeau has started receiving his salary again after paying back various expenses the Senate deemed inadmissible.
In his April 21 ruling in the case of Mr. Duffy, Justice Charles Vaillancourt laid much of the blame for the senator's legal woes on the conduct of former prime minister Stephen Harper's office, a situation he called "mind-boggling and shocking."
Justice Vaillancourt said he found no "sinister motive" in Mr. Duffy's travel claims and that his expenses were in accordance with Senate rules as they existed at the time.
The judge said there was no mandatory training on Senate policies and "senators were unreasonably left to their own devices."
With a report from Laura Stone