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
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.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
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
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
LIVE Evacuation order issued for some Fort McMurray neighbourhoods as wildfire nears
Four Fort McMurray neighbourhoods were ordered to evacuate as a wildfire gets closer to the city.
Maximum payout for LifeLabs class-action drops from $150 estimate to $7.86
Canadian LifeLabs customers who filed an application for a class-action settlement began receiving their payments this week, though at a much lower amount than initially expected.
Alice Munro, Nobel literature winner revered as short story master, dead at 92
Nobel laureate Alice Munro, the Canadian literary giant who became one of the world's most esteemed contemporary authors and one of history's most honoured short story writers, has died at age 92.
BREAKING 'A remarkable time': After 8 years at Toronto Public Health, Dr. Eileen de Villa announces resignation
The doctor who led Toronto through the COVID-19 pandemic as the city’s top public health official is stepping down.
Latest updates on air quality alerts, and when the smoke may reach Ontario and Quebec
Wildfires have led Environment Canada to issue air quality advisories for parts of B.C., Alberta, Manitoba, Saskatchewan and the Northwest Territories, as forecasters warn the smoke could drift farther east.
BREAKING Sask. man faces 60 charges in child exploitation investigation, with crimes dating back to 2005
Saskatchewan RCMP have revealed that a historic sexual assault investigation has led to the discovery of alleged crimes against children dating back to 2005.
American sought after 'So I raped you' Facebook message detained in France on 2021 warrant
An American accused of sexually assaulting a Pennsylvania college student in 2013 and later sending her a Facebook message that said, 'So I raped you,' has been detained in France after a three-year search.
Are these Canada's best restaurants? Annual top 100 list revealed
The annual list of Canada's top restaurants in the country was just released and here are the places that made the 2024 cut.
1 killed, 3 injured in head-on crash on Hwy. 417 in Ottawa
Ontario Provincial Police are responding to a fatal collision involving two vehicles on Highway 417 in Ottawa's west end on Tuesday morning.
Local Spotlight
'We're on standby': Team ready to help entangled right whale in Gulf of St. Lawrence
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.
Thieves caught on camera stealing pet chicken from North Vancouver backyard
A $200 reward is being offered by a North Vancouver family for the safe return of their beloved chicken, Snowflake.
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.
Chris Hadfield inspires youth musical in Sudbury
YES Theatre Young Company opened its acclaimed kids’ show, One Small Step, at Sudbury Theatre Centre on Saturday.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.