Fortin's lawyers cite Hajdu interview comment in court fight over his firing
Maj.-Gen. Dany Fortin's lawyers are citing Health Minister Patty Hajdu's statements during a television interview in May in their fight to prove their client's removal as head of Canada's vaccine distribution campaign constituted improper political interference.
The interview on CTV's "Question Period" aired on May 30, two weeks after Fortin was abruptly removed from his high-profile but temporary position at the Public Health Agency of Canada because of a military police investigation.
According to a transcript filed in Federal Court, Hajdu told interviewer Evan Solomon that she first learned of an investigation involving Fortin in March and agreed with PHAC president Iain Stewart's decision to remove him in May.
"I was alerted to a further development in May and at that time agreed with the president that Maj.-Gen. Dany Fortin should be relieved of his duties with the Public Health Agency," Hajdu said.
She later added: "As I found out more about the next steps, that's when I asked president Stewart to look into it more closely. And president Stewart advised me that he was asking Maj.-Gen. Dany Fortin to step aside, and I agreed with that decision."
Fortin's lawyers have been arguing that only acting defence chief Gen. Wayne Eyre had the power under the National Defence Act to remove their client from his position given that he was still a serving member of the Canadian military while working at PHAC.
They allege the decision to remove Fortin was unreasonable, lacked procedural fairness and involved Liberal government interference in the military chain of command, and are asking the court to reinstate him into his old role or an equivalent position.
The Department of National Defence announced in a terse statement on May 14 that Fortin was stepping down from his position at PHAC, which he had held since November. Military police referred his case to the Quebec prosecutor's office five days later.
The government did not say at that time who decided to remove him. Defence Minister Harjit Sajjan would only say at the time that Eyre "has advised me that Maj.-Gen. Fortin has stepped aside."
Fortin, a veteran of Afghanistan who more recently commanded a NATO training mission in Iraq, was formally charged in Gatineau, Que., on Aug. 18 with one count of sexual assault dating back to 1988. He has denied any wrongdoing.
His lawyers are now asking the court for permission to file Hajdu's comments as evidence to back up their case and force the government to produce more documents on who made the decision to remove Fortin.
"The comments of the minister of health confirm her involvement in the decision to remove Maj.-Gen. Fortin from his secondment at PHAC. They confirm Mr. Stewart's involvement," lawyer Thomas Conway wrote to the court on Aug. 25.
Conway added that Hajdu's comments support Fortin's sworn affidavit stating the decision was not made by Eyre, and contradict previous assertions by government lawyers that the acting defence chief was "the sole decision-maker."
Hajdu's office did not dispute the minister's involvement and instead indicated in a statement on Tuesday that she and Stewart were solely responsible for Fortin's removal from his position overseeing the vaccine distribution campaign.
"In May, in discussion with the president of the Public Health Agency of Canada, it was agreed that Maj.-Gen. Fortin would be relieved of his duty as the vice-president of logistics and operations at the Public Health Agency of Canada as the matter was going to be referred to the director of public and criminal prosecution," spokesman Andrew MacKendrick said in an email.
"At no time did Minister Hajdu speak with the acting chief of defence about this matter. … Additionally, to confirm for clarity, decisions regarding personnel at the Public Health Agency of Canada are under the responsibility of the agency's president."
An affidavit filed with the court from a senior military officer indicated Fortin remained under the military's authority while seconded to the health agency to lead the vaccine rollout.
"At all times, Maj.-Gen. Fortin remained a member of the CAF under military command, as is customary when CAF members are assigned to organizations outside of the CAF either in Canada or abroad," reads Brig.-Gen. Paul Prevost's affidavit dated Aug. 12.
"As a CAF member, Maj.-Gen. Fortin's service continued at all times to be administered by the CAF," Prevost added, noting Fortin's most recent performance report, which included his time with PHAC, was completed by a senior officer and signed by Eyre.
A separate affidavit from the director general of human resources at PHAC, Daryl Gauthier, dated the same day indicated Fortin never formally worked for the health agency.
"I have reviewed staffing records and confirm that at no time was Maj.-Gen. Fortin an employee of PHAC nor was he seconded to PHAC pursuant to a formal secondment agreement," reads Gauthier's affidavit.
"Although he was publicly referred to as the vice-president operations and logistics (announced by the prime minister in late November 2020) he never formally occupied that position within PHAC."
Hajdu's spokesman declined further comment when asked about the affidavits, noting the matter is before the courts.
"I would again indicate that personnel matters with PHAC would fall under the responsibility of the agency's president, as would CAF personnel matters fall under the responsibility of the (acting) chief of defence staff," MacKendrick said.
The government has until Sept. 17 to respond to Fortin's lawyers, with a court date scheduled for Sept. 28.
This report by The Canadian Press was first published Aug. 31, 2021.
IN DEPTH
'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.
Trudeau, key election players to testify at foreign interference hearings. What you need to know
The public hearings portion of the federal inquiry into foreign interference in Canadian elections and democratic institutions are picking back up this week. Here's what you need to know.
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.
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: 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
BREAKING 'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
Disappointment widespread over budget's proposed $200-month disability benefit funding
Advocacy groups across Canada are expressing widespread disappointment about the amount of funding earmarked in the 2024 federal budget for the long-awaited Canada Disability Benefit.
BREAKING Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
Earthquake jolts southern Japan
An earthquake with a preliminary magnitude of 6.4 hit southern Japan late on Wednesday, said the Japan Meteorological Agency, without issuing a tsunami warning.
ArriveCan contractor to be admonished by MPs in extraordinarily rare parliamentary display
Enacting an extraordinarily rarely used parliamentary power, MPs have summoned an ArriveCan contractor to appear before the House of Commons on Wednesday afternoon to be admonished publicly for failing to answer their questions.
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?
Gas prices across Ontario expected to climb to levels not seen since 2022, analyst says
Ontario is going to see a big jump at the pumps later this week as gas prices in the province hit levels not seen in nearly two years, according to one industry analyst.
Ancient skeletons unearthed in France reveal Mafia-style killings
More than 5,500 years ago, two women were tied up and probably buried alive in a ritual sacrifice, using a form of torture associated today with the Italian Mafia, according to an analysis of skeletons discovered at an archeological site in southwest France.
Paul McCartney and John Lennon’s sons have released a single together
A new Lennon and McCartney collaboration is the last thing anybody expected.
Local Spotlight
Marmot in the city: New resident of North Vancouver's Lower Lonsdale a 'rock star rodent'
When Les Robertson was walking home from the gym in North Vancouver's Lower Lonsdale neighbourhood three weeks ago, he did a double take. Standing near a burrow it had dug in a vacant lot near East 1st Street and St. Georges Avenue was a yellow-bellied marmot.
Relocated seal returns to Greater Victoria after 'astonishing' 204-kilometre trek
A moulting seal who was relocated after drawing daily crowds of onlookers in Greater Victoria has made a surprise return, after what officials described as an 'astonishing' six-day journey.
Ottawa barber shop steps away from Parliament Hill marks 100 years in business
Just steps from Parliament Hill is a barber shop that for the last 100 years has catered to everyone from prime ministers to tourists.
'It was a special game': Edmonton pinball player celebrates high score and shout out from game designer
A high score on a Foo Fighters pinball machine has Edmonton player Dave Formenti on a high.
'How much time do we have?': 'Contamination' in Prairie groundwater identified
A compound used to treat sour gas that's been linked to fertility issues in cattle has been found throughout groundwater in the Prairies, according to a new study.
'Why not do it together?': Lifelong friends take part in 'brosectomy' in Vancouver
While many people choose to keep their medical appointments private, four longtime friends decided to undergo vasectomies as a group in B.C.'s Lower Mainland.
Grain-gobbling bears spark 'no stopping' zone in Banff National Park
A popular highway in Alberta's Banff National Park now has a 'no stopping zone' to help protect two bears.
Deer family appears to accept B.C. man as one of their own
B.C. resident Robert Conrad spent thousands of hours on Crown land developing an unusual bond with deer.
Doorbell video shows family of black bears scared off by dog in Sudbury, Ont.
A Sudbury woman said her husband was bringing the recycling out to the curb Wednesday night when he had to make a 'mad dash' inside after seeing a bear.