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
Lawsuit against Meta asks if Facebook users have right to control their feeds using external tools
Do social media users have the right to control what they see — or don't see — on their feeds?
BREAKING 15-year-old boy stabbed in Ottawa on Thursday dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
El Nino weakening doesn't mean cooler temperatures this summer, forecasters say
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Nylander defends Leafs' core after playoff exit, Toronto again picks up the pieces
The Maple Leafs battled back from a 3-1 series deficit against the Boston Bruins with consecutive 2-1 victories - including one that required extra time - in their first-round playoff series to push the club's Original Six rival to the limit before suffering a devastating Game 7 overtime loss.
Amid climate change warnings, Canadians lukewarm on electric vehicles
Amid scientists' warnings that nations need to transition away from fossil fuels to limit climate change, Canadians are still lukewarm on electric vehicles, according to a study conducted by Nanos Research for CTV News.
Three dead, two hospitalized, following collision in Fredericton: police
Three people have died and two have been hospitalized after a speeding car struck a tree and landed on another vehicle in Fredericton Sunday morning.
Montreal man on the hook for thousands of dollars after a feature on his Tesla caused an accident
A Montreal man is warning Tesla drivers about using the Smart Summon feature after his vehicle hit another in a parking lot.
Madonna's biggest-ever concert transforms Rio's Copacabana beach into a massive dance floor
Madonna put on a free concert on Copacabana beach Saturday night, turning Rio de Janeiro's vast stretch of sand into an enormous dance floor teeming with a multitude of her fans.
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.