Maj.-Gen. Dany Fortin acquitted on 1988 sexual assault charge
A Quebec civilian judge has acquitted Maj.-Gen. Dany Fortin of sexual assault over an allegation that dates back to 1988.
Judge Richard Meredith said he believes the complainant was sexually assaulted, but said the Crown did not establish beyond a reasonable doubt that it was Fortin who had assaulted her.
Fortin was the military officer in charge of the federal government's COVID-19 vaccine rollout until May 2021, but he was removed from that position after the allegation came to light.
Shortly after the verdict Monday, he claimed to be the victim of political interference and told reporters he wants the military to restore him to an equivalent position.
The sexual assault allegation stemmed from Fortin's time at the military college in St-Jean-sur-Richelieu, Que., which the complainant also attended.
The complainant, whose identity is protected by a publication ban, testified in September that she woke up one night in her dorm room to find a man masturbating himself using one of her hands while his other hand was on her breast.
Speaking in English, Fortin says this is one important step in a process to prove his innocence and restore his reputation
— Annie Bergeron-Oliver (@AnnieClaireBO) December 5, 2022
A Crown prosecutor told court the complainant waited until 2021 to bring the incident to light because she had retired and no longer feared career repercussions.
The complainant told the court that she is certain "without a doubt" that the perpetrator was Fortin.
But Fortin's lawyer cited inconsistencies between her testimony in court and her previous statements to investigators last year, including details of the incident.
A key point for the defence was that while the complainant said she told her then-boyfriend about the incident right afterward, he told the court he had no memory of such a conversation.
Meredith noted those inconsistencies Monday, as well as other contradicting testimony.
"The tribunal is otherwise convinced that the complainant was sexually assaulted. Generally, the complainant seemed sincere in this regard," Meredith said in French, as he read out his ruling to the court.
The judge said the lighting in the room was "very far from optimal conditions for seeing clearly" at the time of the alleged assault and noted that the complainant must have been in shock when the incident occurred.
"The reasons that explain why she had lived for so many years in silence, and which led her to ultimately file a complaint, are quite reasonable and credible," he said.
"The tribunal has no doubt of her sincerity. In this regard, the court sympathizes with her, considering the suffering she experienced. However, the tribunal's decision cannot be based on sympathy."
Meredith read out his decision over the course of 40 minutes in an exhaustive recounting of the evidence, testimony and relevant case law.
Upon hearing he had been acquitted, Fortin rubbed his hand over his face, his eyes watering. He later told reporters he was relieved by the decision.
"This is one important step in an ongoing process to prove my innocence and recover my reputation. I did not do what I was accused of," he said.
"Victims of assault need and deserve our support. But the fact, though, is that I was nowhere close to her room the night in question or at any other time."
Crown prosecutor Diane Legault said the verdict was a disappointment and she was not sure whether her team would seek to appeal.
"I think the judge decided to (give) the accused the benefit of the doubt," she said.
Fortin has accused Prime Minister Justin Trudeau and other senior members of the government of having turfed him for purely political reasons after the Liberals were accused of not doing enough to address sexual misconduct in the military.
He noted that the Federal Court of Appeal will rule on whether to hear his accusations in a separate, civil case.
A Federal Court judge tossed out his request for reinstatement in October, a decision Fortin is appealing, and his civil lawyer Natalia Rodriguez said Monday that both parties agreed to pause the matter pending the resolution of the criminal case. A panel hearing will likely take place this spring.
Fortin said he has effectively been on paid leave from the military, but claims he was never given anything in writing about being demoted from the vaccine task force.
"I was denied due process, and information about my case was mishandled and leaked," he said.
"The way this whole situation was allowed to unfold has irreparably harmed my career, my reputation and greatly impacted my family."
Defence Minister Anita Anand would not speak to Fortin's case. Her office said she had already spoken with media on other matters early Monday, and instead sent a written statement about work to weed out sexual misconduct in the Armed Forces.
The statement, attributed to Anand, noted that this includes a commitment to "select senior leaders whose conduct is beyond reproach."
In a statement with no attribution, the Canadian Armed Forces and the Department of National Defence said they will continue to offer the members involved "any support we can provide."
"We acknowledge the outcome of the criminal court proceeding and we will consider the implications of the judge's finding as it applies to our responsibilities and accountabilities going forward," the statement read.
Retired lieutenant-colonel Rory Fowler, who now practises as a lawyer, said the acquittal was "as convincing as you're ever going to get in a criminal trial," and this puts the military and government in a bind.
"The chief of the defence staff and his political masters are left in a circumstance where they've now got an officer whom a court has said is not guilty," he said.
"They have to justify why they're not going to allow them to return to work, or if they take further adverse action against him of an administrative nature."
Responding to Fortin's acquittal here's what DND/CAF had to say in part: "We acknowledge the outcome of the criminal court proceeding and we will consider the implications of the judge’s finding as it applies to our responsibilities and accountabilities going forward." #cdnpoli
— Rachel Aiello (@rachaiello) December 5, 2022
This report by The Canadian Press was first published Dec. 5,2022.
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
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'
$3.8M home in B.C.'s Okanagan has steel shell for extra wildfire protection
A home in B.C.'s Okanagan that features a weathering steel shell designed to provide some protection against wildfires has been listed for sale at $3.8 million.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
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.
Celebrity designer sentenced to 18 months in prison for smuggling crocodile handbags
A leading fashion designer whose accessories were used by celebrities from Britney Spears to the cast of the 'Sex and the City' TV series was sentenced Monday to 18 months in prison after pleading guilty in Miami federal court on charges of smuggling crocodile handbags from her native Colombia.
Wildfire leads to evacuation order issued for northeast Alberta community
An evacuation order was issued on Monday afternoon for homes in the area of Cold Lake First Nation.
Local Spotlight
'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.”
UBC football star turning heads in lead up to NFL draft
At 6'8" and 350 pounds, there is nothing typical about UBC offensive lineman Giovanni Manu, who was born in Tonga and went to high school in Pitt Meadows.
Cat found at Pearson airport 3 days after going missing
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
Molly on a mission: N.S. student collecting books about women in sport for school library
Molly Knight, a Grade 4 student in Nova Scotia, noticed her school library did not have many books on female athletes, so she started her own book drive in hopes of changing that.
Where did the gold go? Crime expert weighs in on unfolding Pearson airport heist investigation
Almost 7,000 bars of pure gold were stolen from Pearson International Airport exactly one year ago during an elaborate heist, but so far only a tiny fraction of that stolen loot has been found.
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.