(Ottawa) Major-General Dany Fortin’s battle for reinstatement at the helm of Canada’s COVID-19 vaccination campaign continues after a critical decision by the Federal Court of Appeal.
In a decision released Friday, Judge Anne Mactavish refused a federal government request to dismiss the military’s request, who wanted the Court of Appeal to look into his case.
In doing so, Justice Mactavish paved the way for Major-General Fortin’s case to be heard by a three-judge panel, likely in the spring.
Mr. Fortin has been seeking a return to his post with the Public Health Agency of Canada since he was suddenly removed from his post last May during a police investigation that resulted in a charge of sexual assault, a case which is still taking its course in the Quebec legal system. Mr. Fortin maintains his innocence.
Federal Court Judge Ann Marie McDonald ruled in October that Mr. Fortin must submit a formal complaint to the Armed Forces before going to court.
In their appeal, Fortin’s lawyers say Justice McDonald erred in several ways and that their case should be referred to Federal Court and reviewed by another judge.