(Ottawa) Now that Major-General Dany Fortin has been found not guilty at his trial for sexual assault, there are calls for him to return to his job in the army, while a debate is surfacing over the how the Canadian Armed Forces should treat its members who are accused of sexual misconduct in the future.
The Armed Forces said it is still considering the implications of Judge Richard Meredith’s ruling, handed down Monday. The Quebec Court judge ruled that the Crown had not proven beyond a reasonable doubt that Mr. Fortin had sexually assaulted a woman in 1988.
In an interview with The Canadian Press on Tuesday, one of Mr. Fortin’s lawyers assured that his client was “ready, willing and able” to resume service, he who had been dismissed from his position as head of the national campaign. deployment of the COVID-19 vaccine and placed on paid leave in May 2021.
Me Natalia Rodriguez also left the door open to a possible lawsuit, saying her client’s career and long-term reputation have been tainted by the allegations against him – and the way they have been handled by the Liberal government. and military leaders.
“It was a very hard blow for his career, underlined Me Rodríguez. If you look at his performance reviews before he was fired, they were glowing and they said he was about to get a promotion. Except that it will now be very difficult to return to this reputation. »
Me Rodriguez is representing Mr. Fortin in Federal Court, where the officer accuses the Liberal government of removing him from the vaccination campaign and other military duties for purely political reasons and without due process.
Mr. Fortin wants the Federal Court to order the military to reinstate him in a position corresponding to his rank. An appeal was due to begin in October after his request was initially denied, but the hearing was adjourned pending the results of his criminal trial.
In limbo
Me Rodriguez argued on Tuesday that the Army’s decision to leave his client essentially in limbo for the past 18 months has affected his ability to work and be promoted before reaching the mandatory retirement age of 55. , this summer. And despite the not-guilty verdict, she said the charge against him will also affect his post-military career options.
Retired Colonel Michael Drapeau, who is now a military lawyer, said Monday’s acquittal should pave the way for an immediate posting for Fortin.
“Having been found not guilty after a full criminal trial, he should be immediately assigned to a high-level position commensurate with his long experience as a senior leader,” Drapeau said in an email.
“There is no legal or administrative reason not to do so. »
Mr. Drapeau, however, conceded that the government could instead offer a settlement in exchange for Mr. Fortin’s retirement, as happened when the breach of trust case against Vice-Admiral Mark Norman was dropped in May 2019.
Like Mr. Fortin’s fight in Federal Court, Mr. Norman’s defense included allegations of political interference by the Liberal government. And like Mr. Fortin, Mr. Norman had said he wanted to return to military service before accepting the settlement, the details of which were not disclosed.
“In both cases, the question is whether they should return to their full duties once the legal proceedings are over. I think they should,” Mr. Drapeau argued.
“However, this does not preclude the Department of National Defense and/or the Canadian Armed Forces from reaching a settlement with the officer facilitating early retirement. »
Chief of Defense Staff General Wayne Eyre can also recommend the release of any member of the Armed Forces who has served more than 30 years, Drapeau said.