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
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
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
Suter scores late goal, clinches series for Canucks
Pius Suter scored with 1:39 left and the Vancouver Canucks advanced to the second round of the NHL playoffs with a 1-0 victory over the Nashville Predators on Friday night in Game 6.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.
Local Spotlight
Twin Alberta Ballet dancers retire after 15 years with company
Alberta Ballet's double-bill production of 'Der Wolf' and 'The Rite of Spring' marks not only its final show of the season, but the last production for twin sisters Alexandra and Jennifer Gibson.
B.C. mayor stripped of budget, barred from committees over Indigenous residential schools book
A British Columbia mayor has been censured by city council – stripping him of his travel and lobbying budgets and removing him from city committees – for allegedly distributing a book that questions the history of Indigenous residential schools in Canada.
Three Quebec men from same family father hundreds of children
Three men in Quebec from the same family have fathered more than 600 children.
Here's how one of Sask.'s largest power plants was knocked out for 73 days, and what it took to fix it
A group of SaskPower workers recently received special recognition at the legislature – for their efforts in repairing one of Saskatchewan's largest power plants after it was knocked offline for months following a serious flood last summer.
Quebec police officer anonymously donates kidney, changes schoolteacher's life
A police officer on Montreal's South Shore anonymously donated a kidney that wound up drastically changing the life of a schoolteacher living on dialysis.
Canada's oldest hat store still going strong after 90 years
Since 1932, Montreal's Henri Henri has been filled to the brim with every possible kind of hat, from newsboy caps to feathered fedoras.
Road closed in Oak Bay, B.C., so elephant seal can cross
Police in Oak Bay, B.C., had to close a stretch of road Sunday to help an elephant seal named Emerson get safely back into the water.
B.C. breweries take home awards at World Beer Cup
Out of more than 9,000 entries from over 2,000 breweries in 50 countries, a handful of B.C. brews landed on the podium at the World Beer Cup this week.
Kitchener family says their 10-year-old needs life-saving drug that cost $600,000
Raneem, 10, lives with a neurological condition and liver disease and needs Cholbam, a medication, for a longer and healthier life.