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
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
OPP responds to apparent video of officer supporting anti-Trudeau government protestors
The Ontario Provincial Police (OPP) says it's investigating an interaction between a uniformed officer and anti-Trudeau government protestors after a video circulated on social media.
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
An emergency slide fell off a Delta Air Lines jetliner shortly after takeoff Friday from New York, and pilots who felt a vibration in the plane circled back to land safely at JFK Airport.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Loud boom in Hamilton caused by propane tank, police say
A loud explosion was heard across Hamilton on Friday after a propane tank was accidentally destroyed and detonated at a local scrap metal yard, police say.
Local Spotlight
DonAir force takes over at Oilers playoff games
As if a 4-0 Edmonton Oilers lead in Game 1 of their playoff series with the Los Angeles Kings wasn't good enough, what was announced at Rogers Place during the next TV timeout nearly blew the roof off the downtown arena.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Fergus, Ont. man feels nickel-and-dimed for $0.05 property tax bill
A property tax bill is perplexing a small townhouse community in Fergus, Ont.
Twins from Toronto were Canada's top two female finishers at this year's Boston Marathon
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
'I'm committed': Oilers fan won't cut hair until Stanley Cup comes to Edmonton
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
'It's not my father's body!' Wrong man sent home after death on family vacation in Cuba
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
'Once is too many times': Education assistants facing rising violence in classrooms
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
What is capital gains tax? How is it going to affect the economy and the younger generations?
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”