On August 6, 2015, Prof. Christopher Manfredi was cross-examined on his affidavit tendered in support of Canada’s response to the application for judicial review concerning the legality of Prime Minister Stephen Harper’s apparent refusal to fill Senate vacancies. A copy of the transcript of the cross-examination is now available for download here.

Prof. Manfredi’s affidavit, which is referred to extensively during the cross-examination, is also available for download here.

The transcript includes but is not limited to questioning regarding:

• The witness’ obligations as an expert witness (Qs. 2-14)
• The witness’ knowledge of constitutional conventions and how they are formed (Qs. 42-74, 245-249)
• The witness’ methodology for the analysis of historical Senate vacancies (Qs. 94-129)
• Former Prime Minister Brian Mulroney’s statements urging Prime Minister Harper to refrain from making Senate appointments until a Code of Conduct for Senators was designed and put into effect (Qs. 130-140)
• Evidence that Prime Ministers don’t allow Senate vacancies to remain unfilled indefinitely (Qs. 142-157)
• Considerations other than political expediency that might affect the timing of Senate appointments (Qs. 158-174, 213-239)
• Errors in the affidavit (Qs. 209-214)

Note: The posting of affidavits and transcripts of cross-examination thereon prior to the filing in Court of the parties’ formal application records followed consultation between the parties confirming there being no objection to doing so.