Defence chief's notes reveal debate over due process, optics on Fortin allegation
An extraordinary set of handwritten notes by Canada's acting defence chief appear to reveal a behind-the-scenes struggle between due process, political optics and support for the complainant after a sexual misconduct allegation emerged against Maj.-Gen. Dany Fortin.
More than 100 pages of heavily redacted documents, including notes mostly written in bullet-point form by Lt.-Gen. Wayne Eyre and internal email exchanges between top military officials, have been filed to the Federal Court. The communications are between mid-March and mid-May.
The notes begin with a March 16 entry under the heading CFPM, apparently referring to the Canadian Forces Provost Marshal, the adviser to the defence chief on policing matters. It reads, "let me know about allegation (no details) (historic) against (senior member)."
Fortin was removed from his position as head of Canada's COVID-19 vaccine rollout on May 14, five days before the Canadian Forces National Investigation Service referred a sexual misconduct investigation to the Quebec prosecution service to determine whether charges should be laid.
Through his lawyers, Fortin has denied any wrongdoing.
Fortin's lawyers filed an application last month with the Federal Court seeking an expedited judicial review of the decision to fire him from his posting at PHAC, and asking for the decision to be quashed and for his reinstatement at the agency or another position.
His lawyers have argued the decision to remove their client was unreasonable, lacked procedural fairness and involved improper political interference in the military chain of command by Prime Minister Justin Trudeau, Health Minister Patty Hajdu and Sajjan.
None of the allegations has been tested in court.
On March 19, Eyre's notes suggest that the DM -- deputy minister -- said the "government could fall" and face "political pressure."
"What say to public?" the notes say. "What do our values lend us to do? Rule of law, respect for due process."
They suggest "anxiety" among the top brass of the government as officials consider "workplace safety," "victim support" and "ensure public confidence in vaccine rollout."
"If we can't follow values, at what point do I resign?" Eyre's notes say under a section scribbled "thoughts."
Fortin's lawyer, Natalia Rodriguez, said in an email it is "clear" from the documents that the decision-makers were more concerned about the "political optics" of Fortin's situation than about ensuring a fair process.
"They were aware of the reputational damage that the decision to publicly remove Maj.-Gen. Fortin would have," she said.
"Despite showing an academic awareness of the impact the decision would have on Maj.-Gen. Fortin's life, the decision-makers nevertheless proceeded to publicly remove him without affording him any procedural safeguards."
Eyre's notes from March 18 indicate that Fortin was "devastated" by the allegations and his wife was "supportive."
"Still cannot fathom what this is about," reads a note from an apparent teleconference with Fortin.
At other points, the notes suggest that Fortin is "shocked" "crushed" and "ashamed," adding that he is "adamant" about wanting to continue with work.
A later March 18 note reads, "suicide mortality/SPAP," apparently referring to the Suicide Prevention Action Plan. The section below it is redacted.
Rodriguez said Fortin wanted to continue carrying out his duties, which he did until his removal.
"He does not know the context for the notes about SPAP as there was nothing of the sort discussed in his meeting with the (acting chief of defence staff)."
A partially redacted March 25 section suggests the complainant "wants due process through justice" and "does not want a public spectacle." The notes go on to suggest that the allegation is "not rape" and a "very historic case."
"Wants to use her experience to make CAF better," they say.
Under an "MND" heading, apparently referring to Minister of National Defence Harjit Sajjan, on March 17, Eyre wrote "what does victim want?"
Due process needs to be followed, the notes state.
"Now need to protect the institution," they say. "We take everything seriously."
It also suggests forming a "roundtable with experts soonest" and "create a process for those who came forward."
A request for comment from Eyre, sent to the Department of National Defence, was not returned in time for publication.
A spokesman for Sajjan declined to comment.
"As this is an ongoing legal matter, it would be inappropriate for us to comment at this time," said Daniel Minden.
On May 12, Eyre's notes suggest that "Min H" -- apparent shorthand for Health Minister Patty Hajdu -- wanted to "protect herself," "doesn't want to create a narrative" and "find balance."
"She will not talk about an investigation," the notes say. "Understands victim's perspective."
In a statement, Hajdu's office said "at no time" did she speak with the acting chief of the defence staff about this matter.
"At all times, the minister has emphasized the need to be transparent with Canadians to keep their confidence in the process, and to provide media with the reasons for this change to the vaccine distribution operation in Canada," it said.
The notes provide insight into Eyre's thought process on the next steps and dealing with the fallout.
Under a March 19 section marked and underlined "options," Eyre's notes suggest three choices: "leave in position," "remove" and "step aside."
Leaving Fortin in position came with "political" and "institutional risks," the notes say.
Removing him, they suggest, would question "reputation" and cause "institutional damage."
The military has been riven with sexual misconduct issues for months. Former defence chief Jonathan Vance has been charged with obstruction of justice in connection with an investigation into a sexual misconduct allegation against him, while Sajjan has faced repeated opposition calls to resign over his handling of these issues.
Rodriguez said the government is refusing to provide additional documents about the decision from the ministers' offices.
The hearing of the application has been set by the Federal Court for Sept. 28 and 29, Rodriguez said.
"Maj.-Gen. Fortin looks forward to proving his case as soon as possible."
This report by The Canadian Press was first published Aug. 1, 2021.
IN DEPTH
![](https://www.ctvnews.ca/polopoly_fs/1.6922467.1718138898!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
'Not the result we wanted': Trudeau responds after surprise Conservative byelection win in Liberal stronghold
Conservative candidate Don Stewart winning the closely-watched Toronto-St. Paul's federal byelection, and delivering a stunning upset to Justin Trudeau's candidate Leslie Church in the long-time Liberal riding, has sent political shockwaves through both parties.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
![](https://www.ctvnews.ca/polopoly_fs/1.6850735.1713368648!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6979388.1722030190!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
Celine Dion delivers stirring comeback performance at Paris Olympics opening ceremony
Against the rainy Paris night sky, Celine Dion staged the comeback of her career with a powerful performance from the Eiffel Tower to open the Olympic Games.
Jasper wildfire: 'Several weeks' before residents can return, premier says
Premier Danielle Smith said Friday afternoon in Hinton while weather conditions are cooler, the Jasper fire is still considered out of control and that Jasper residents can expect to be away from their homes 'for several weeks.'
Missing 3-year-old boy found dead in creek in Mississauga, Ont.: police
A three-year-old boy has been found dead a day after he went missing in a park in Mississauga, Ont., Peel police say.
Irish museum pulls Sinead O'Connor waxwork after just one day due to backlash
An Irish museum will withdraw a waxwork of singer-songwriter Sinéad O'Connor just one day after installing it, following a backlash from her family and the public, it told CNN in a statement on Friday.
Winnipeg senior's account overdrawn for $146,000 water bill
A Winnipeg senior is getting soaked with a six-figure water bill.
FBI says Trump was indeed struck by bullet during assassination attempt
Nearly two weeks after Donald Trump’s near assassination, the FBI confirmed Friday that it was indeed a bullet that struck the former president’s ear, moving to clear up conflicting accounts about what caused the former U.S. president’s injuries after a gunman opened fire at a Pennsylvania rally.
Driver charged after flashing high beams at approaching police
Orillia OPP arrested and charged a driver with impaired driving after flashing their high beams.
Turpel-Lafond won't sue CBC over Cree heritage report that took 'heavy toll': lawyer
The lawyer for a former judge whose claims to be Cree were questioned in a CBC investigation says his client is not considering legal action against the broadcaster after the Law Society of British Columbia this week backed her claims of Indigenous heritage.
Major Canadian bank experiences direct deposit outage on payday
Scotiabank says it has fixed a technical issue that impacted direct deposits on Friday morning.
Local Spotlight
![](https://www.ctvnews.ca/polopoly_fs/1.6978272.1721953528!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
'She led it the whole way': 18-year-old B.C. woman leads hikers to safety in Jasper National Park
As fire threatened people in Jasper National Park, Colleen Knull sprung into action.
'There's mom and dad's house': New video appears to show destruction of Jasper neighbourhood
Video posted to social media on Thursday morning appears to show the charred remains of a Jasper, Alta., neighbourhood.
Sask. Second World War veteran, 103, receives France's highest national order
A Saskatchewan-born veteran of the Second World War was recently presented with France's highest national order.
Former First Nations chief voices Disney's first Ojibwe language Star Wars movie
A local First Nations elder and veteran is helping to bring the Ojibwe language to a well-known film for the first time.
Ottawa Humane Society reunites Montreal family with cat missing for 8 years
A cat who fled her Montreal home nearly a decade ago has been reunited with her family after being found in Ottawa.
Waterloo, Ont. woman out thousands after car totalled in hit-and-run
A woman in Waterloo, Ont. is out thousands of dollars for a car crash she wasn’t involved in.
'It looks scary, but they're harmless': Bees removed from Winnipeg street light
A swarm of bees living in a lamppost in Winnipeg’s Sage Creek neighbourhood has found a new home for its hive.
'Powerful symbol of the progress we have made': Land being returned to Manitoba Métis Federation
Around 100 acres of Manitoba Crown Land near the Saskatchewan border is being returned to the Métis community.
Cape Breton moose hunting suspended for 3 years due to 'significant' drop in population
Nova Scotia is suspending the licensed Cape Breton moose hunt for three years due to what the province is calling a “significant drop” in the population.