Re: Maj.-Gen. Dany Fortin being investigated

by Firefox Mon 23 Jan 2023, 5:02 pm

Military concludes Maj.-Gen. Dany Fortin did not commit sexual assault

Ashley Burke · CBC News · Posted: Jan 23, 2023

CBC News

by Seawolf Wed 15 Mar 2023, 7:12 pm

General acquitted in sex assault case files lawsuit against prime minister, chief of the defence staff and others

Maj.-Gen. Dany Fortin was charged with one count of sexual assault on Aug. 18, 2021. He was acquitted Dec. 5, 2022.

David Pugliese • Ottawa Citizen

Published Mar 15, 2023

A major general acquitted of sexual assault last year is suing Prime Minister Justin Trudeau, military officials, police investigators and Canada’s top soldier for their alleged actions linked to his case.

The statement of claim from Maj. Gen. Dany Fortin was filed Wednesday in the Superior Court of Ontario, alleging that shoddy police work and political interference not only damaged his reputation, but also led to a sexual assault charge that had no basis in fact.

Fortin is seeking $5 million in general damages and $1 million in punitive damages, according to the statement of claim.

Among those being sued are Trudeau, defence chief Gen. Wayne Eyre, former defence minister Harjit Sajjan, former health minister Patty Hajdu, former defence deputy minister Jody Thomas, Janice Charette, the clerk of the Privy Council, and several political aides. The lawsuit also names Canadian Forces Provost Marshall Brig. Gen. Simon Trudeau, members of the Canadian Forces National Investigation Service, some of Eyre’s staff and advisors as well as other generals.

None of the allegations have been tested in court.

The statement of claim noted that, until May 2021, Fortin had a stellar military career and reputation. That career, however, was derailed when the Canadian Forces announced he was being investigated on an allegation of sexual misconduct dating back more than 30 years. Fortin was also removed from his job as senior military commander leading Canada’s COVID-19 vaccine rollout.

Fortin was charged with one count of sexual assault on Aug. 18, 2021. He was acquitted Dec. 5, 2022, by Quebec judge Richard Meredith, who ruled that he was not convinced beyond a reasonable doubt that Fortin was the assailant who sexually assaulted a member of the military in 1988.

In the statement of claim filed Wednesday, Fortin’s legal team alleges that, at the behest of Gen. Eyre as well as “political actors,” the investigation was “rushed, flawed and did not follow the usual or ordinary course of a CFNIS investigation.”

Two witnesses were interviewed by military police and their information did not corroborate the complainant’s allegations or her version of events, the statement of claim said. “At all material times, the investigation was tainted by considerations of political expediency, by unfairness and by lack of due process,” it added. “Carried out under rushed, politically- sensitive circumstances, the die was cast before the investigation was fully and competently completed.”

The claim also alleges public statements about the case resulted from pressure by politicians. “The Political Actors made the decision to publicize the investigation and the allegation against MGen Fortin,” the legal document said, adding that Eyre and other military officials “acquiesced to this decision.”

The military did a review of Fortin’s case after his acquittal and concluded the major general did not, on a balance of probabilities, commit the alleged sexual assault.

But Fortin’s statement of claim noted that, “the review was based entirely on information and evidence that the CAF always had in its possession or control or that it could easily have obtained had it conducted its investigation with a reasonable degree of skill and diligence.”

Even though Fortin was acquitted of the criminal charge laid against him and was exonerated by an internal review, the major general’s legal team alleges that the Canadian Forces continues to refuse to reintegrate him into the military and to assign him work at his rank level.

The statement of claim alleges this is because the “political actors” have made it clear to Eyre that Fortin cannot return to his regular Canadian Forces duties. In addition, “the reality that MGen Fortin’s reputation has been so tarnished by the defendants’ conduct that the CAF itself will not accept his return; and the climate that the defendants have created in which an individual who has done nothing wrong cannot continue or advance with their career simply because a complainant made a sexual assault allegation,” the statement of claim said.

The Department of Justice and the Department of National Defence have yet to respond to requests for comment about Fortin’s allegations.

Fortin’s legal team released a statement Wednesday that the lawsuit “seeks to address the grave harm and damage that has been inflicted” on the officer.

“Major-General Fortin regrets that he has been forced to start litigation in the Ontario Superior Court of Justice against the Canadian Armed Forces, an institution he has served loyally for over thirty years,” the statement said. “He has sadly concluded that he has no other recourse to redress the injustices to which he has been subjected throughout the ordeal described in the Statement of Claim.”

Defence Watch

by Firefox Tue 23 May 2023, 4:56 pm

Military Police watchdog investigates how sex assault case involving Maj. Gen. Dany Fortin was handled

Fortin has alleged he is the victim of “a biased and partial police investigation."

David Pugliese • Ottawa Citizen

Published May 23, 2023

The country’s military police watchdog has launched an investigation into how the case of a general accused of sexual assault was handled.

The Military Police Complaints Commission (MPCC) is undertaking what it calls a public interest investigation after receiving a complaint from Maj.-Gen. Dany Fortin.

Fortin was charged with one count of sexual assault on Aug. 18, 2021. He was acquitted Dec. 5, 2022, by Quebec judge Richard Meredith, who ruled that he was not convinced beyond a reasonable doubt that Fortin was the assailant who sexually assaulted a member of the military in 1988.

Fortin has alleged he is the victim of “a biased and partial police investigation,” noted MPCC chairperson Tammy Tremblay in a letter to Defence Minister Anita Anand about her decision to investigate. “He further states that he was charged on the basis of insufficient evidence and that his prosecution was the result of undue pressure to believe the alleged victim and to accept her allegations at face value, to the complainant’s detriment.”

The MPCC is a civilian, quasi-judicial oversight agency that reviews and investigates complaints concerning military police conduct as well as allegations of interference in military police investigations. It reports its findings and makes recommendations directly to the military police and defence leadership.

Fortin filed his complaint with the MPCC on Jan. 17. Eight days later the watchdog requested the Office of Professional Standards of the Canadian Forces Provost Marshal provide it with a copy of the investigation into the sexual assault allegation against Fortin. That investigation was done by the Canadian Forces National Investigation Service or CFNIS.

But instead, on March 31, the MPCC was only provided with a summary of the police investigation. “The MPCC has not received disclosure of the complete investigation file in question at the time of writing this decision letter, despite its follow-up efforts,” Tremblay noted in her decision.

Among the factors considered in the decision to launch an investigation into Fortin’s complaint was the seriousness of the alleged conduct, the systemic issues raised in Fortin’s complaint, and the involvement of senior officials or military officers.

“The involvement of senior officials or military officers in a complaint can lead to concerns that a matter will be handled differently on that account, particularly in rank-conscious institutions like the military,” Tremblay wrote to Anand and other senior defence officials.

Fortin said in a statement that he welcomed the decision by the MPCC to conduct the public interest investigation. “Defence leadership should find it outrageous and unacceptable that after more than three months of the MPCC asking repeatedly for a copy of the MP investigation, the military Provost Marshal’s office decided to provide only a summary document to the oversight body,” he added in his statement.

In its statement, the office of the Canadian Forces Provost Marshal noted it “is committed to working with the MPCC and remaining accountable to the Canadian Public and the Canadian Armed Forces.” The office declined further comment.

Tremblay also noted that Fortin recently filed a statement of claim in the Ontario Superior Court of Justice naming several senior officials and military officers, including the Canadian Forces Provost Marshal, as defendants.

“Given these considerations, I consider it advisable in the public interest that the MPCC initiate an immediate investigation of this conduct complaint, rather than transfer it to the Canadian Forces Provost Marshal to be dealt with in the first instance,” Tremblay wrote.

The statement of claim from Fortin in the Superior Court of Ontario alleged that shoddy police work and political interference not only damaged his reputation, but also led to a sexual assault charge that had no basis in fact. Fortin is seeking $5 million in general damages and $1 million in punitive damages, according to the statement of claim.

Among those being sued are Prime Minister Justin Trudeau, defence chief Gen. Wayne Eyre, former defence minister Harjit Sajjan, former health minister Patty Hajdu, former defence deputy minister Jody Thomas, Janice Charette, the clerk of the Privy Council, and several political aides. The lawsuit also names Canadian Forces Provost Marshall Brig. Gen. Simon Trudeau, members of the CFNIS, some of Eyre’s staff and advisors as well as other generals.

None of the allegations have been tested in court.

The statement of claim noted that, until May 2021, Fortin had a stellar military career and reputation. That career, however, was derailed when the Canadian Forces announced he was being investigated on an allegation of sexual misconduct dating back more than 30 years. Fortin was also removed from his job as senior military commander leading Canada’s COVID-19 vaccine rollout.

In the statement of claim, Fortin’s legal team alleges that, at the behest of Gen. Eyre as well as “political actors,” the investigation was “rushed, flawed and did not follow the usual or ordinary course of a CFNIS investigation.”

National Defence noted it was reviewing the statement of claim and would not be providing comment.

Defence Watch

by **Apollo** Fri 13 Oct 2023, 6:20 am

Maj.-Gen. Dany Fortin, acquitted on sex assault charge, settles lawsuit

Fortin filed a lawsuit against federal officials, including Prime Minister Justin Trudeau

The Canadian Press · Posted: Oct 12, 2023

Maj.-Gen. Dany Fortin being investigated - Page 3 Fortin-charge-20221205

CBC News

by Rigger Wed 01 Nov 2023, 6:41 pm

Dany Fortin retires from Canadian Armed Forces after reaching settlement in lawsuit

Sarah Ritchie . Published Oct. 31, 2023

Maj.-Gen. Dany Fortin being investigated - Page 3 Maj--gen--dany-fortin-1-6625377-1698788806271

OTTAWA - Dany Fortin, who recently settled a lawsuit over how the Canadian military and federal government handled an allegation of sexual misconduct, has retired from the Armed Forces.

A source close to Fortin, who spoke on the condition that they not be named because they were not authorized to speak publicly about the matter, said a small gathering to mark his departure was held at the Canadian Army Officers' Mess in Ottawa last Friday.

A screenshot of a Facebook post about the event, shared with The Canadian Press, referred to the occasion as a "departure with dignity."

Fortin, who had reached the rank of major-general, was removed as head of Canada's COVID-19 vaccine rollout campaign in May 2021 while he was under investigation for an allegation dating back to 1988, when he was at military college.

He was charged with one count of sexual assault in August 2021 and was acquitted last December after a civilian trial in Quebec Superior Court.

The Canadian Armed Forces cleared him in an internal review process the next month, but he was not reassigned to a new posting and his terms of service were up last July.

Neither Fortin nor his civil lawyer responded to requests for comment on Tuesday.

Earlier this month, Fortin settled his lawsuit against the military and top government officials for an undisclosed amount.

At the time, a joint statement from the Defence Department and the Canadian Armed Forces said the legal proceedings had been resolved and that the parties would not be commenting.

Asked Tuesday about Fortin's retirement, the Defence Department said it had nothing to add.

This report by The Canadian Press was first published Oct. 31, 2023.

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