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Dany Fortin

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Dany Fortin
Fortin in 2014
Vice President Logistics and Operations of the Public Health Agency of Canada
In office
November 27, 2020[1] – May 14, 2021
Prime MinisterJustin Trudeau
Preceded byOffice established
Succeeded byKrista Brodie
Personal details
BornMontmagny, Quebec, Canada
Alma materRoyal Military College of Canada (BSc)
U.S. Army Command and General Staff College (MMAS)
Canadian Forces College
U.S. Army War College
National Defense University
OccupationSoldier
Military service
Allegiance Canada
Branch/service Canadian Army
Years of service1991–2023 (retired)
Rank Major-General
CommandsForeign and Defence Policy Secretariat
NATO Mission Iraq
5 Canadian Mechanized Brigade Group
I Corps (United States Army)
1st Canadian Division[2]
Battles/warsWar in Afghanistan,[3] ISIL insurgency in Iraq[3]
AwardsOrder of Military Merit
Meritorious Service Cross
Canadian Forces' Decoration

Dany Fortin CMM MSC CD is a retired Canadian Armed Forces officer who held the rank of major general in the Canadian Army. He has served in commanding roles in the War in Afghanistan and the ISIL insurgency in Iraq,[3][4][1] and commanded the 1st Canadian Division Headquarters. He served as the Public Health Agency of Canada's (PHAC) vice president of logistics and operations from November 27, 2020 to May 14, 2021, leading the federal government's COVID-19 vaccine rollout, but was removed from that role after the Canadian Forces National Investigation Service initiated an investigation into him following an allegation of sexual assault between January 1 and April 30, 1988 [5][6] while he was a student at Royal Military College Saint-Jean. The investigation resulted in a charge in August 2021 of one count of sexual assault. A judge in a Gatineau, Québec court acquitted Fortin on December 5, 2022.[7] Fortin released from the military in July 2023, after 38 years of service.

Military career

[edit]

Dany Fortin graduated from the Royal Military College of Canada in 1991 with a Bachelor of Science (Physics), and was commissioned as a 2Lt in the artillery. A variety of staff assignments and appointments followed and from 2007–2009 he commanded 5e Régiment d'Artillerie Légère du Canada, based in Valcartier, Québec. Fortin served a year in Afghanistan (2009–2010) as Chief of Staff Task Force Kandahar, and was then posted to National Defence headquarters in Ottawa as the executive assistant to Chief of the Defence Staff General Walt Natyncyzk (2010–2011).

Fortin was next appointed head of operations for the Canadian Army (2011–2012), and from 2012–2014 served as Commander of 5 Canadian Mechanized Brigade Group. From 2015–2017 he was assigned as Deputy Commanding General (Operations) for I Corps of the United States Army[8] in Joint Base Lewis-McChord near Tacoma, Washington. Fortin then served as director of operations in the foreign and defence policy secretariat at Canada's Privy Council Office (2017–2018), and subsequently was appointed Commander 1st Canadian Division based in Kingston, Ontario. After just six months in place, he was appointed as the first commander of the new NATO Mission Iraq based in Baghdad (2018–2019), a non-combat advisory and capacity-building mission to prevent the return of Daesh.

Public Health Agency of Canada role

[edit]

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 in effect was on paid leave until his retirement.[11][12]

Sexual assault charge

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In 2021, Fortin was accused of sexually assaulting a sleeping woman in 1988 while both were students 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.[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, citing 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 claimed 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]

[edit]

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 two internal reviews by the career manager's office and his nominal superior. 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]

On October 12, 2023, it was announced that Fortin had reached agreement to settle his case and drop the lawsuit, along with agreeing a customary non-disclosure agreement and other conditions. Later that month, it was publicly confirmed that Fortin had wanted to return to the Canadian Armed Forces following his acquittal but this was refused, and he retired in July 2023.[24]

On October 18, 2023, media reported that several senior military and civilian leaders in National Defence claimed they had "no records" relating to Fortin when asked under Access to Information and Privacy legislation. Having been very publicly removed from his assignment followed by a criminal court acquittal, two military administrative reviews and a reintegration process, Fortin said "this defies belief" that the military heads of human resources, and professional conduct, and the deputy minister would have no records, a view shared by other notable public commentators.[25] [26]

Military Police Complaints Commission

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In January 2023, Fortin filed an official complaint with the Military Police Complaints Commission (MPCC) claiming to have been the victim of a biased and partial police investigation, and that he was charged on the basis of insufficient evidence, the prosecution being the result of undue pressure to believe the alleged victim and to accept her allegations at face value.[27] On April 20, 2023, the MPCC agreed to conduct a public interest investigation, citing in part, months of delay by the military's provost marshal office in providing full disclosure of the case file to the oversight body.[28] On October 13, 2023, Fortin's counsel, Thomas G. Conway, advised the MPCC by letter that “given the circumstances,” of the agreement, Fortin “must” withdraw his complaint, but noted that if the MPCC decided to continue the public interest investigation, that Fortin would fully participate. On October 24, 2023, MPCC Chairperson Tammy Tremblay announced they would continue with the investigation, noting the seriousness of the allegations, the alleged involvement of senior officials and military police members, and the public interest issues raised.[29]

Honours

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Ribbon Description Notes
Order of Military Merit (CMM)
  • Commander 21 September 2020
  • Officer 10 November 2015
  • [30]
Meritorious Service Cross (MSC)
  • Military Division
  • 14 August 2020
  • [31]
General Campaign Star
  • South West Asia
General Campaign Star
  • EXPEDITION
Canadian Peacekeeping Service Medal
United Nations Medal
NATO IFOR Medal
Queen Elizabeth II Diamond Jubilee Medal
  • 2012
  • Canadian Version of this Medal
  • [32]
Canadian Forces' Decoration (CD)
Legion of Merit
NATO Medal
  • Meritorious Service
  • With "MERITORIOUS" Clasp

[33]

References

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  1. ^ a b c Canada, Public Health Agency of (November 27, 2020). "Major-General Dany Fortin was assisting in the Government of Canada's vaccine distribution planning". gcnws.
  2. ^ Leaf, The Maple (August 23, 2018). "Major-General Dany Fortin to take command of new NATO Mission in Iraq". The Maple Leaf. Archived from the original on January 23, 2021. Retrieved February 10, 2021.
  3. ^ a b c "Meet the military general in charge of Canada's mass COVID-19 vaccination effort". Coronavirus. November 28, 2020.
  4. ^ "Dany Fortin". LinkedIn.
  5. ^ "Maj.-Gen. Dany Fortin has been charged with sexual assault. Here's what we know". Global News.
  6. ^ a b c Ashley Burke (August 17, 2021). "Ex-head of Canada's vaccine rollout charged with sexual assault". CBC News. Retrieved January 29, 2023.
  7. ^ "Judge acquits Maj.-Gen. Dany Fortin in sexual assault case". CTVNews. 2022-12-05. Retrieved 2022-12-05.
  8. ^ "Major-General Fortin is the new commander of the 1st Canadian Division Headquarters – Kingston Garrison News". Retrieved 2021-02-23.
  9. ^ Connolly, Amanda (May 14, 2021). "Military head of Canada's vaccine rollout steps aside amid investigation". Global News. Retrieved May 14, 2021.
  10. ^ MacCharles, Tonda (May 17, 2021). "Brigadier-General Krista Brodie to lead Ottawa's vaccine delivery operation". St. Catharines Standard. Retrieved May 17, 2021.
  11. ^ Burke, Ashley (September 28, 2021). "Maj.-Gen. Fortin in court demanding reinstatement as head of vaccine rollout". CBC News. Retrieved March 15, 2023.
  12. ^ a b c Burke, Ashley (March 15, 2023). "Maj.-Gen. Dany Fortin suing Trudeau, federal government over his termination from vaccine rollout". CBC News. Retrieved March 15, 2023.
  13. ^ Bergeron-Oliver, Annie; Gallagher, Kevin (May 16, 2021). "Maj.-Gen. Dany Fortin facing historical sexual misconduct allegation: CTV News sources". CTV News. Retrieved May 17, 2021.
  14. ^ Burke, Ashley; Brewster, Murray (May 19, 2021). "Quebec prosecutor's office to decide on possible charges against Maj.-Gen. Dany Fortin". CBC News. Retrieved June 14, 2021.
  15. ^ "Maj.-Gen. Dany Fortin has been charged with sexual assault. Here's what we know | Globalnews.ca". Global News.
  16. ^ "Judge acquits Maj.-Gen. Dany Fortin in sexual assault case". CTVNews. 2022-12-05. Retrieved 2022-12-05.
  17. ^ Robertson, Dylan (5 December 2022). ""Maj.-Gen. Dany Fortin acquitted on 1988 sexual assault charge"". CTV News. Retrieved 6 December 2022.
  18. ^ Robertson, Dylan (5 December 2022). ""Maj.-Gen. Dany Fortin acquitted on 1988 sexual assault charge"". CTV News. Retrieved 6 November 2022.
  19. ^ Pirro, Raphael (January 9, 2023). "Le DPCP ne contestera pas l'acquittement de Dany Fortin". TVA Nouvelles. Agence QMI. Retrieved January 19, 2023.
  20. ^ Burke, Ashley (June 14, 2021). "Maj.-Gen Fortin files legal challenge, claims political meddling in his dismissal from vaccine rollout". CBC News. Retrieved June 14, 2021.
  21. ^ Burke, Ashley (March 15, 2023). "Maj.-Gen. Dany Fortin suing Trudeau, federal government over his termination from vaccine rollout". CBC News. Retrieved March 15, 2023.
  22. ^ Burke, Ashley (January 23, 2023). "Military concludes Maj.-Gen. Dany Fortin did not commit sexual assault". CBC News. Retrieved March 15, 2023.
  23. ^ https://www.conwaylitigation.ca/updates/news-item/major-general-fortin-files-civil-lawsuit-against-government-actors [bare URL]
  24. ^ Ritchie, Sarah (October 31, 2023). "Dany Fortin retires from Canadian Armed Forces after reaching settlement in lawsuit". ctv news.
  25. ^ Pugliese, David (October 18, 2023). "Senior leaders produced no documents on high-profile case of Maj.-Gen. Dany Fortin, DND claims". Ottawa Citizen. Retrieved November 22, 2023.
  26. ^ Black, Conrad (October 28, 2023). "Conrad Black: Dany Fortin persecution exposes DND's pattern of abuse and deception". National Post. Retrieved November 22, 2023.
  27. ^ Military Police Complaints Commission (November 6, 2023). "Fortin Public Interest Investigation (MPCC‑2023‑006)".
  28. ^ Military Police Complaints Commission (April 20, 2023). "Fortin Public Interest Investigation (MPCC‑2023‑006) - Decision to Conduct a Public Interest Investigation".
  29. ^ Military Police Complaints Commission (October 23, 2023). "Fortin Public Interest Investigation (MPCC‑2023‑006) – Decision to Continue Public Interest Investigation Despite Withdrawal of the Complaint by the Complainant".
  30. ^ "Major General Fortin's Order of Military Merit Citation". Governor General of Canada. Retrieved 20 September 2021.
  31. ^ "Major General Fortin's Meritorious Service Cross Citation". Governor General of Canada. Retrieved 20 September 2021.
  32. ^ "Major General Fortin's Queen Elizabeth II Diamond Jubilee Medal Citation". Governor General of Canada. Retrieved 20 September 2021.
  33. ^ "Photograph of Major General Dany Fortin Wearing His Medal Ribbons on Dress Uniform". Twitter. Retrieved 20 September 2021.