Fortin appeals Federal Court ruling that removal complaint must go through military
Global News
Fortin’s lawyers allege he was denied the right to due process, the presumption of innocence, and privacy, and want him back as head of the vaccine rollout, or in a similar post.
Maj.-Gen. Dany Fortin is appealing the Federal Court ruling that directed him to take concerns to the military grievance system over his removal as head of the COVID-19 vaccine rollout earlier this year.
Fortin’s legal team filed a notice of appeal on Friday, arguing the Federal Court justice made “numerous and grave legal errors” in her decision to strike the case, effectively siding with government lawyers.
Federal Court Justice Ann Marie McDonald ruled on Oct. 12 that Fortin’s allegations saying he was denied due process and that political interference played a role in his removal were service-related matters and as such, the military’s grievance process should be his first venue for a complaint.
READ MORE: Fortin must use military grievance process to challenge removal, Federal Court rules
“It is clear that the issues raised in the application are service-related matters and the allegations of political interference are not ‘exceptional circumstances’ that would allow MGen Fortin to bypass the grievance process and seek a preliminary remedy in this Court,” McDonald ruled.
“Accordingly, as MGen Fortin has not yet availed himself of the CAF grievance process on these issues, the Court will not consider the merits of his application as it has been brought prematurely.”
READ MORE: Here’s everything you need to know about Maj.-Gen. Dany Fortin’s legal challenge
Fortin’s lawyers allege he was denied the right to due process, the presumption of innocence, and privacy, and have demanded he be reinstated as head of the vaccine rollout, or put in a similar post.