(Ottawa) Maj. Gen. Dany Fortin, who was acquitted of a sexual assault charge in December, is filing a $6 million civil lawsuit against the Canadian government.
Posted at 6:43 p.m
Marie-Danielle Smith The Canadian Press
Mr Fortin, who was removed from his position as chief federal official responsible for COVID-19 vaccine deployment in May 2021, is also suing 16 senior officials, including Prime Minister Justin Trudeau, the defense chief of staff Gen. Wayne Eyre, former Defense Minister Harjit Sajjan and former Health Minister Patty Hajdu.
In his complaint, filed in Ontario Superior Court, he accuses high-ranking officials of “reprehensible, extreme, flagrant and authoritarian” behavior. He is seeking $5 million in general damages and $1 million in punitive damages.
The Major General alleges that he has been the victim of defamation, misconduct in the performance of a public duty, negligent investigation, disclosure of private facts, breach of trust and conspiracy to cause wrongdoing.
“He had no due process,” his attorney Thomas Conway said in an interview. It caused him the pain one would expect from the allegations he had to face publicly. »
Mr Fortin had been removed from his position in charge of vaccine distribution in May 2021 pending the conclusions of the investigation into a 1988 allegation of sexual assault. The officer was formally charged three months later, in August 2021, then acquitted in December 2022 after a trial alone before a judge.
Mr Conway argues that despite Mr Fortin’s acquittal, his reputation has been tarnished. “That stain, that damage, will never be erased unless he seeks redress for what happened in court, through civil action. »
The public prosecutor claims that the investigation was grossly negligent and that there was never a basis for filing a criminal complaint. He also accuses federal officials of relieving him of his vaccination obligations for political reasons.
Following the acquittal, the military, after weighing the probabilities, formally exonerated Mr Fortin of wrongdoing and said it would reassign him to duties. But the major general alleges in his civil suit that the armed forces are unreasonably refusing or delaying his reinstatement.
The Department of Defense still intends to assign Mr. Fortin “appropriate duties consistent with his rank and experience,” his spokeswoman Jessica Lamirande confirmed in a press release.
“We will review the claim for damages and will not comment further at this time,” she added.
Prime Minister Justin Trudeau’s office did not immediately respond to a request for comment.
Asked whether Mr Fortin had attempted to reach an agreement with the Government before filing the lawsuit, Mr Conway simply replied that the Major General had no interest in engaging in lengthy litigation with his former colleagues and an institution for which he has served more than 30 years.
“Believe me, that was the last thing he wanted to do. »