Federal Court rejects Maj.-Gen. Fortin's bid to challenge removal as head of vaccine rollout
CBC
The Federal Court of Canada has told Maj.-Gen. Dany Fortin that the military grievance process is the appropriate avenue to address his claim that political interference led to his removal as head of the vaccine rollout.
In a written ruling released today, Justice Anne Marie McDonald said the career soldier had not fully taken advantage of the redress mechanism already in place for members of the Armed Forces.
"I conclude that this is an appropriate case for the Court to exercise restraint," she wrote. Maj.-Gen. Fortin "must exhaust the internal grievance process prior to seeking a remedy in this Court," she added.
As a consequence, the justice has sided with federal lawyers and granted the government's request to strike down the application for a judicial review.
Fortin was removed as the head of the vaccine rollout task force last May, two months after an investigation was launched into a complaint of sexual misconduct against him.
In August, Fortin was charged with one count of sexual assault tied to an incident alleged to have taken place in 1988, when he was a student at the Royal Military College Saint-Jean.
He went to court to challenge the decision to remove him from his temporary role leading the vaccine rollout at the Public Health Agency of Canada (PHAC) after the military decided to hand his case over to Quebec prosecutors.
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