Dany Fortin

On return to Canada from the NATO Mission Iraq, Fortin concluded his command in Kingston and was appointed Chief of Staff, Canadian Joint Operations Command in Ottawa. Five months later, in November 2020, Fortin was seconded to PHAC and named vice-president of logistics and operations, playing a lead role in the procurement and distribution of the COVID-19 vaccines approved by Health Canada for the federal COVID-19 vaccine rollout.[1] In this capacity, for several weeks during the global pandemic he appeared on national TV explaining the state and status of vaccine procurement and distribution. On May 14, 2021, the Department of National Defence announced that Fortin was removed from the PHAC assignment pending a military investigation.[9]

On May 17, Fortin was replaced by Brigadier General Krista Brodie.[10] Fortin was temporarily re-assigned to as a senior adviser for Commander Canadian Joint Operations Command in Ottawa, but has been on paid leave since later in 2021.[11][12]

In 2021, Fortin was accused of sexually assaulting a sleeping woman in 1988 while he was a student at Royal Military College Saint-Jean in Saint-Jean-sur-Richelieu, Québec. The woman testified that she woke up to find a man masturbating himself using one of her hands while another hand was on a body part. The incident was investigated by the Canadian Forces National Investigation Service.[6] Fortin denied the allegation.[13]

On May 19, the provost marshal said that it had referred the matter to the director of criminal and penal prosecutions in Quebec to decide if charges should be brought.[14] In August 2021, Fortin was charged with one count of sexual assault by Gatineau, Québec, police which allegedly occurred while at military college in 1988 between January 1 and April 30.[15][6] He was acquitted by a judge on December 5, 2022.[16]

In his ruling, Judge Richard Meredith concluded the complainant was sincere in her belief that she was assaulted but noted several significant inconsistencies with her testimony, and cited numerous factors that could easily have led to mistaken identity on the night in question.[17] In a statement to media post-ruling, Fortin reiterated his innocence and that in his view from the start, senior military and political decision-makers presumed and acted as if he was guilty – thereby denying him due process, and mishandling as well as leaking information about his case. Fortin noted he would take time to process the ruling and with his lawyers, consider "next steps".[18]

On January 9, 2023, Quebec's prosecution office le Directeur des poursuites criminelles et pénales (DPCP) publicly confirmed they would not contest the decision of Judge Richard Meredith, saying "the prosecution cannot appeal on a question of fact."[19]

On June 14, 2021, Fortin filed a request for judicial review of the decision to remove him from his PHAC role, seeking either reinstatement or assignment to another position suitable for his rank. Fortin argued that the decision to remove him was political and that he was denied procedural fairness.[20] The Federal Court ruled against him later that year, finding that the military grievance process as the proper venue.[21] Fortin appealed the decision to the Federal Court of Appeal.[12]

After the trial decision, the military launched its own internal review. On January 23, 2023, an internal review led by Vice-Admiral Bob Auchterlonie concluded that on the balance of probabilities Fortin did not engage in sexual misconduct, so no further administrative measures were required.[22]

On March 15, 2023, Fortin sued the federal government,[23] and sixteen individuals, including Prime Minister Justin Trudeau, as well as leading military and political figures including chief of the defence staff General Wayne Eyre, then-minister of health Patty Hajdu, then-minister of defence Harjit Sajjan, and then-head of defence public affairs Laurie-Anne Kempton for $6 million in damages for alleged defamation, misfeasance in public office, conspiracy and negligent investigation.[12]