Maj.-Gen. Dany Fortin files court challenge of his firing from vaccine rollout
Maj.-Gen. Dany Fortin is asking for a judicial review of the decision to remove him as head of Canada's vaccine logistics, alleging political interference by Prime Minister Justin Trudeau and two of his cabinet ministers.
Lawyers for Fortin filed an application Monday with the Federal Court, seeking an expedited judicial review of last month's decision to fire him from his posting with the Public Health Agency of Canada and to not reassign him.
It asks that the decision be quashed and that he be reinstated to his secondment at PHAC or assigned to another position "commensurate with his rank."
Fortin was removed from the vaccine rollout on May 14, just five days before the Canadian Forces National Investigation Service referred a sexual misconduct investigation to the Quebec prosecution service to determine whether criminal charges should be laid.
Through his lawyers, Fortin has denied any wrongdoing.
The court application says the decision to remove Fortin and not reassign him was unreasonable, lacked procedural fairness and involved "improper political interference in the military chain of command" by Trudeau, Defence Minister Harjit Sajjan and Health Minister Patty Hajdu.
None of the allegations has been tested in court.
The application also says the announcement of his termination breached his right to keep his personal information private and fuelled public speculation without the appropriate context, causing irreparable harm to his reputation.
The Prime Minister's Office referred a request for comment Monday to the Department of National Defence.
A spokesperson for Sajjan said only: "As this is an ongoing legal matter, it would be inappropriate for us to comment at this time."
Fortin's accusation of political interference comes as the Trudeau government continues to be lambasted by opposition parties for failing to fire former chief of the defence staff Jonathan Vance when Sajjan first learned in March 2018 of an allegation of sexual misconduct against him.
In that case, Sajjan has said he referred the matter to the Privy Council Office for investigation and that it would have been inappropriate political interference for him to have done anything else. PCO officials have said they were unable to investigate the matter at the time as the complainant did not want to come forward.
Vance, who stepped down as defence chief in January, has since come under military police investigation for two separate allegations of misconduct. He has denied any wrongdoing.
The Liberal government was under fire over Vance and its handling generally of misconduct in the military when it learned of the allegation against Fortin.
According to Monday's application for judicial review, Fortin first heard about an unspecified allegation of sexual misconduct against him on March 17, when acting chief of the defence staff Lt.-Gen. Wayne Eyre informed him that military police had launched an investigation.
Later the same day, after informing the Privy Council Office about the investigation, Eyre told Fortin he would "advocate for due process, the presumption of innocence" and for allowing Fortin to continue working on the vaccine rollout.
PHAC president Iain Stewart said much the same, according to the application. But while Fortin's posting was "OK for now," Stewart also warned him that Hajdu and Trudeau "may change their minds later" and that he should prepare himself "for the moment when they determine that you need to be let go."
"Keep your bags packed," the application cites Stewart as telling Fortin.
On April 19, Fortin received a call from a military police investigator who told him he was being investigated for one instance of sexual misconduct, alleged to have occurred more than 30 years ago.
On May 13, Eyre told Fortin that Hajdu and Sajjan "wanted to remove him" from the vaccine rollout. He did not say what had prompted the decision other than to tell Fortin that "the 'political calculus' had changed and that the PCO had said he would have to be removed."
The following day, Eyre presented Fortin with a written statement regarding his departure "pending the results of a military investigation." The statement was "not negotiable" other than giving Fortin the option of saying he had chosen to leave his assignment with PHAC.
The statement was released later that day but Sajjan also released a separate statement which he prefaced by reiterating the government's commitment to building a "culture of inclusion" in the Canadian Armed Forces that "sheds toxic and outdated values, practices and policies."
That, Fortin's lawyers argue, made it clear to the public that Fortin "was under investigation for improper conduct and it could easily be surmised that ... (it) was sexual in nature."
They contend that the decision to fire Fortin appears to have been made by Hajdu, Sajjan, Trudeau and the clerk of the Privy Council. As such, they "circumvented and interfered" with Eyre's powers and effectively prevented him from reassigning Fortin to another position.
"As a result Maj.-Gen. Fortin has, de facto, been relieved from performance of his military duty."
Five days after Fortin departed, the military police issued a statement saying an allegation of sexual misconduct was being referred to Quebec's director of criminal prosecutions. Fortin only learned about that development through the media, his lawyers say.
Fortin "was not afforded fair and impartial decision-making," his lawyers argue.
"The decision was politically motivated and the outcome was pre-determined ... The decision was arbitrary, not in the public interest and made solely for the personal and political gain of the ministers of health and national defence and the prime minister."
This report by The Canadian Press was first published June 14, 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
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.