Major-General Dany Fortin’s call to reclaim his position as Chief of Deployment of the Canadian COVID-19 Vaccination Campaign will be heard.
In a ruling last Friday, Federal Court of Appeal Judge Anne Mactavish ruled that Ottawa’s request to quash Dany Fortin’s appeal should be left to the judges who will hear the appeal, reports the Toronto star.
Fortin was removed from his post as head of the deployment of the vaccination campaign just days before the military police forwarded the results of an investigation to prosecutors in Quebec. Last August, he was charged with sexual assault, in connection with events which allegedly occurred in 1988.
The accused denied any guilt in connection with this case.
Alleging political interference in the decision to dismiss him, Fortin took his case to Federal Court, arguing that he should either return to his job or be given a position commensurate with his rank.
A judge ruled in October that he had to go through the military’s internal grievance process first, which led Fortin to appeal.
The federal government argued in court records last month that the appeal should be dismissed, pointing out that work to deploy the vaccine no longer exists and that Fortin has been in a new position in the Canadian Armed Forces since August. (FAC) which corresponds to his rank.
Fortin said in court documents that the post was simply created to follow CAF protocols that all serving members were to be assigned a post and that he had not performed any duties for the military since last May. .
In his decision on Friday, Mactavish said “it is at least debatable” that Fortin’s legal challenge is not just about the decision to dismiss him as responsible for the vaccine deployment, but also what Fortin is arguing for. be a decision to relieve him primarily of his military duties.
“I am satisfied that in these circumstances it is preferable that the merits of the Attorney General’s motion to quash be determined by the panel which will hear the appeal,” wrote Justice Mactavish.
According to Fortin’s lawyers, the appeal can be heard in the spring.
Remember that Major-General Fortin was relieved of his post last spring in the wake of an allegation of sexual assault, which he has repeatedly denied. He has since been formally charged and legal proceedings continue in this case.