Maj.-Gen. Dany Fortin, a senior military officer who was acquitted of a sexual assault charge late last year, has filed a $6-million lawsuit against the Canadian government.
Fortin, who was dropped as the lead for Canada害羞草研究所檚 COVID-19 vaccine program in early 2021, has named 16 high-ranking officials in a wide-ranging suit, including Prime Minister Justin Trudeau, chief of the defence staff Gen. Wayne Eyre, former defence minister Harjit Sajjan and former health minister Patty Hajdu.
A statement of claim filed on Wednesday with the Ontario Superior Court of Justice accuses the officials of 害羞草研究所渞eprehensible, extreme, flagrant and high-handed害羞草研究所� conduct and seeks $5 million in general damages and $1 million in punitive damages.
The document alleges that Fortin suffered the damages due to defamation and misfeasance in public office. It also accuses the officials of negligent investigation, the inappropriate public disclosure of private facts, breach of confidence and conspiracy to cause damages.
害羞草研究所淗e was not afforded due process,害羞草研究所� Fortin害羞草研究所檚 lawyer, Thomas Conway, said in an interview.
害羞草研究所淚t害羞草研究所檚 caused him the kind of grief that you expect anyone would go through, facing the kinds of allegations that he had to face publicly.害羞草研究所�
Fortin was removed as head of the government害羞草研究所檚 COVID-19 vaccine rollout in May 2021 pending the investigation of a historical allegation stemming from his time at military college in 1988.
He was charged with sexual assault in August 2021 and acquitted of the charge last December in the Quebec Superior Court.
The lawsuit alleges that the investigation was grossly negligent and that there was never any basis to make a criminal prosecution in the first place. It accuses officials of dismissing Fortin from the prominent vaccine role for political reasons.
害羞草研究所淭here is a certain, I would say, chill that has descended over the Canadian Armed Forces relating to all of these allegations of sexual misconduct,害羞草研究所� Conway said.
害羞草研究所淎nd we are not by any means trying to trivialize that issue. Not by any means. It害羞草研究所檚 a serious issue. However, unfortunately, everyone seems to have tossed out the notion that someone is entitled to 害羞草研究所� a fair process.害羞草研究所�
He added that despite Fortin害羞草研究所檚 acquittal, there is a stain on his reputation.
害羞草研究所淭hat stain, that damage, is not something that is ever going to be removed unless he seeks redress for what has happened in the courts by way of civil remedy,害羞草研究所� Conway said.
The military formally cleared Fortin of misconduct on the balance of probabilities in January, and said it would assign him to a new role. But the lawsuit alleges the Canadian Armed Forces is either refusing or unreasonably delaying his reintegration.
The statement of claim says that害羞草研究所檚 because defendants it names as 害羞草研究所減olitical actors害羞草研究所� have 害羞草研究所渕ade it clear害羞草研究所� to the military害羞草研究所檚 leadership that Fortin cannot return to his regular duties, have 害羞草研究所渢arnished害羞草研究所� his reputation with the military itself and have created a climate in which someone who 害羞草研究所渉as done nothing wrong害羞草研究所� cannot advance their career once someone else makes an allegation.
The Canadian Armed Forces and Prime Minister害羞草研究所檚 Office did not immediately respond to requests for comment.
No statement of defence has been filed responding to the allegations in the lawsuit.
Separate proceedings are still ongoing at the Federal Court of Appeal, in which Fortin is appealing a Federal Court decision that tossed out his request for reinstatement last year.
In that matter, Fortin has argued that he was ousted from the vaccine role due to political interference and without due process. The government has denied those claims. A spokesperson for Fortin said a date has not been set for further proceedings.
Fortin, who previously served as commander of the NATO training mission in Iraq and as commander of the 1st Canadian Division, also initiated a complaint with the Military Police Complaints Commission after his acquittal.
When asked about whether Fortin pursued a settlement with the government before filing the suit, Conway would only say that Fortin does not have any interest in getting into extended litigation with his former colleagues, and with an institution he served for more than 30 years.
害羞草研究所淏elieve me, this is the last thing he wanted to do.害羞草研究所�
Defendants named in the Fortin lawsuit include:
害羞草研究所� Prime Minister Justin Trudeau
害羞草研究所� Gen. Wayne Eyre, the chief of the defence staff
害羞草研究所� Harjit Sajjan, former defence minister and current international development minister
害羞草研究所� Patty Hajdu, former health minister and current Indigenous services minister
害羞草研究所� Janice Charette, clerk of the Privy Council Office
害羞草研究所� Ian Stewart, former head of the Public Health Agency of Canada and current president of the National Research Council
害羞草研究所� Jody Thomas, former deputy minister of national defence and current national security adviser to Trudeau
害羞草研究所� Lt.-Col. Eric Leblanc, commander of the Canadian Forces National Investigation Service
害羞草研究所� Retired Col. Bruce MacGregor, former director of military prosecutions
害羞草研究所� Brig.-Gen. Simon Trudeau, the military害羞草研究所檚 provost marshal
害羞草研究所� Retired Brig.-Gen. Dyrald Cross, who was the supervisor of the complainant in the sexual assault case
害羞草研究所� Laurie-Anne Kempton, the assistant deputy minister of public affairs at the Defence Department
害羞草研究所� George Young, Sajjan害羞草研究所檚 then-chief of staff and current acting chief of staff to the fisheries and oceans minister
害羞草研究所� Warrant officer Denise Hachey, a military police investigator
害羞草研究所� Brig.-Gen. Alan Mulawyshyn, the then-chief of staff for Eyre and now a deputy executive director at Veterans害羞草研究所� House
害羞草研究所� The Attorney General of Canada, who is named in the suit as a defendant in the proceeding on behalf of the Canadian Armed Forces, the Department of National Defence, the Ministry of Health, the Prime Minister害羞草研究所檚 Office, the Privy Council Office and the Public Health Agency of Canada.
害羞草研究所擬arie-Danielle Smith, The Canadian Press
