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
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
'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.
Woman, 18, killed by co-worker's vehicle on Highway 1 in Moose Jaw
Moose Jaw police say an 18-year-old woman who was at work has died from injuries she sustained in a collision with a vehicle being driven by her co-worker last Thursday.