Fortin's lawsuit over removal from vaccine post now pointless, federal lawyers argue
Federal lawyers argue Maj.-Gen. Dany Fortin's lawsuit over his removal as head of Canada's vaccine distribution campaign is now moot because the job no longer exists.
In a newly filed Federal Court submission, government lawyers say that since it is no longer possible for Fortin to be returned to the vaccine post, there's no reason for the court to review the matter.
The Department of National Defence announced in a terse statement on May 14 that Fortin was stepping down from his position at the Public Health Agency of Canada, which he had held since November.
Military police referred his case to the Quebec prosecutor's office five days later.
Fortin was formally charged in Gatineau, Que., on Aug. 18 with one count of sexual assault dating back to 1988. He has denied any wrongdoing.
Fortin's lawyers allege the decision to remove him from the vaccine post was unreasonable, lacked procedural fairness and involved Liberal government interference in the military chain of command.
The federal submission filed late Friday says the role Fortin played in the vaccine effort was always intended to be temporary in nature and "no longer exists."
Furthermore, the Public Health Agency is not filling the job because all responsibilities of the position "have been taken over by others in the Public Service."
Federal lawyers also argue Fortin has failed to exhaust the remedies available to him through the military grievance process and, in any event, the decision to cancel his temporary posting "was reasonable and fair."
"The vaccine rollout was critical to the public health of Canadians and no loss of public confidence in the uniformed leader of the vaccine rollout could be tolerated during the COVID-19 global pandemic," the government submission says.
Acting chief of the defence staff Wayne Eyre, recently promoted to general, considered all relevant factors, including the risk to workplace safety, Fortin's strong desire to continue in his role and the historical nature of the allegation against him, the filing says.
"Another factor was the risk of loss of public confidence in the vaccine rollout if a sexual assault allegation against (Fortin) were to emerge. At a certain point, that risk became too great."
In arguments filed with the court earlier this month, Fortin's counsel said Eyre was succinct in relaying news of the removal to their client: It's a "fait accompli," he told Fortin.
The evidence points to the inescapable conclusion that the decision to remove the veteran military officer was made by the ministers of health, national defence, the prime minister and the Privy Council clerk, Fortin's lawyers say.
However, under the military chain of command, the decision should have been made by Eyre alone, they argue.
The decision-makers prevented Eyre from doing so, which constituted "improper political interference in the military chain of command," Fortin's submission says.
"Regardless of who made the decision, it is objectively unreasonable and cannot stand."
Fortin's lawyers also disagree that a grievance is the proper avenue of recourse.
"The grievance process will be a meaningless exercise because the Canadian Armed Forces did not make the decision in question, cannot make a decision in relation to it, and cannot provide an effective remedy."
In addition, the grievance process will be time-consuming and slow because of systemic delays, Fortin's counsel say.
The federal filing says there is no dispute that Eyre consulted and received input from other government officials regarding the effect of the Fortin matter on the whole-of-government response to the COVID-19 vaccine rollout.
"The impact of those consultations and even arguments that they amounted to interference or a failure to make the decision, are all matters that can be examined in the grievance process."
This report by The Canadian Press was first published Sept. 17, 2021.
IN DEPTH
Former prime minister Brian Mulroney dies at 84
Former Canadian prime minister and Conservative stalwart Brian Mulroney has died at age 84. Over his impressive career, the passionate and ambitious politician, businessman, husband, father, and grandfather left an unmistakable mark on the country.
Who is supporting, opposing new online harms bill?
Now that Prime Minister Justin Trudeau's sweeping online harms legislation is before Parliament, allowing key stakeholders, major platforms, and Canadians with direct personal experience with abuse to dig in and see what's being proposed, reaction is streaming in. CTVNews.ca has rounded up reaction, and here's how Bill C-63 is going over.
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.
The first public hearings on foreign interference in Canada have begun. What you need to know
The public hearings portion of the federal inquiry into foreign interference in Canadian elections and democratic institutions got underway this week. Heading into this process, here's what you need to know.
TREND LINE What Nanos' tracking tells us about Canadians' mood, party preference heading into 2024
Heading into a new year, Canadians aren't feeling overly optimistic about the direction the country is heading, with the number of voters indicating negative views about the federal government's performance at the highest in a decade, national tracking from Nanos Research shows.
Opinion
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.
opinion Don Martin: Pierre Poilievre's road to apparent victory will soon start to get rougher
Pierre Poilievre and his Conservatives appear to be on cruise control to a rendezvous with the leader's prime ministerial ambition, but in his latest column for CTVNews.ca, Don Martin questions whether the Conservative leader may be peaking too soon.
opinion Don Martin: The Trudeau lessons from Brian Mulroney's legacy start with walking away
Justin Trudeau should pay very close attention to the legacy treatment afforded former prime minister Brian Mulroney, who died on Thursday at age 84, writes columnist Don Martin.
opinion Don Martin: ArriveCan debacle may be even worse than we know from auditor's report
It's been 22 years since a former auditor general blasted the Chretien government after it 'broke just about every rule in the book' in handing out private sector contracts in the sponsorship scandal. In his column for CTVNews.ca, Don Martin says the book has been broken anew with everything that went on behind the scenes of the 'dreaded' ArriveCan app.
opinion Don Martin: Despite his horrible year, Trudeau's determined to roll the dice again
In his column for CTVNews.ca, political commentator Don Martin says you can't help but admire Justin Trudeau's defiance and audacity of hope despite his 'horrible' 2023, as it appears Trudeau is insisting on leading the Liberals into the next federal election.
CTVNews.ca Top Stories
NDP motion regarding Palestinian statehood passes after major Liberal alterations
A motion from the federal New Democrats initially calling on Canada to recognize the 'State of Palestine' passed amid widespread acrimony on Monday, after the Liberals drastically altered its wording to see the government simply work towards that aim as part of a two-state solution.
'He didn't want to die': Family of Calgary man killed in standoff speaks out
Family of a Calgary man killed after a 30-hour standoff with police last week are speaking out, sharing details of the tense and heart-wrenching experience.
Toronto family doctor who called patient's body 'perfect' suspended for 3 months: tribunal
A family doctor in Toronto has been suspended for three months after a disciplinary tribunal found that he failed to follow proper protocols while examining a patient's breasts and made inappropriate comments about her body.
Ohio mom who left toddler alone 10 days when she went on vacation pleads guilty to aggravated murder
An Ohio mother whose 16-month-old daughter died after being left home alone in a playpen for 10 days last summer while she went on vacation was sentenced Monday to life in prison with no chance of parole.
Retired teacher pleads guilty to paying for sex with 15-year-old in Collingwood, Ont.
In a Barrie courtroom on Monday, a retired high school teacher from the Niagara Region pleaded guilty to sexual touching and obtaining sexual services from a 15-year-old boy in Collingwood in 2021.
Hertz CEO out following electric car 'horror show'
The company, which announced in January it was selling 20,000 of the electric vehicles in its fleet, or about a third of the EVs it owned, is now replacing the CEO who helped build up that fleet, giving it the company’s fifth boss in just four years.
5 charged in Calgary kidnappings that targeted women
Calgary police have charged five men in a pair of kidnappings last year that targeted innocent victims.
Demand soars for solar eclipse glasses in Canada. Are they worth buying?
The demand for total solar eclipse glasses used to safely view the rare celestial event has been ramping up as sellers, along with astronomy and eye-care experts in Canada, warn that viewing the eclipse with the naked eye is dangerous.
Canadian commander of volunteer fighter group dies in Ukraine
A Canadian-born commander of the so-called Norman Brigade, a volunteer fighting group in Ukraine, has died.