Monday , February 6 2023

A federal court has rejected Fortin’s request to re-head the introduction of the vaccine


OTTAVA-Major General The Federal Court rejected Dani Fortin’s request to return to the position of the head of the Canadian vaccine against COVID-19, stating that Fortin must first complain about the change with the Canadian Armed Forces.

In a decision on Tuesday, Judge Ann Marie McDonald rejected Fortin’s request, concluding that his case was premature because a senior military officer “must exhaust the internal appeal process before seeking a remedy” in court.

The 20-page judicial review verdict came after the court heard Fortin’s legal team and the government dispute responsible for the removal of a senior military officer during two days of hearings in September.

Fortin’s lawyers allegedly interfered in the political interference of Prime Minister Justin Trudeau, Health Minister Patti Hajdu and Defense Minister Harjit Sajjan, as well as the lack of proper process or privacy in the decision to remove him.

Government attorneys argued that Fortin’s lawsuit was premature and should be dismissed because there was an established procedure for complaints under the National Defense Act and the Queen’s regulations and orders for Canadian forces, which they framed as “an adequate alternative remedy.”

“MGen Fortin has not shown that the decision to dismiss him from the PHAC function cannot be corrected through the CAF appeal procedure. That is why he must use the appeal process before continuing with the court review, ”McDonald wrote on Tuesday.

A senior military officer was removed from his position as Vice President of Canada for Logistics and Operations at the Canadian Public Health Agency (PHAC) in May, after military police launched an investigation into allegations of sexual abuse against him dating back to early 1988, when was a student at the Royal Military College in Saint-Jean, Que.

In an oath taken as part of a federal case, Fortin said his reputation was “irreparably damaged” and his career was “ended” as a result of the government’s decision to remove him and find him under investigation.

Brigadier General Krista Brodie has been selected to replace Fortin as head of the national vaccine distribution effort at the PHAC National Operations Center.

A few days after Fortin’s removal, the National Investigation Service of the Canadian Forces sent a case to the criminal prosecution services in Quebec. In August, Fortin was indicted in Gatineau, Que. with a single point of sexual assault.

Fortin denied any mistake and promised to “vigorously defend” himself against the accusation. The next trial in the case is scheduled for November 5.

This is the latest news update, there are more coming.

With files by Sarah Turnbull from CTV News and The Canadian Press

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