The Canadian military has concluded, on a balance of probabilities, that Major-General Dany Fortin “did not commit sexual misconduct” after the officer was acquitted of sexual assault in December.
A spokesperson for the Canadian Armed Forces indicated that a review process did not result in any administrative action and that an administrative review was not required in this file.
Daniel Le Bouthillier writes that Mr. Fortin will be given “appropriate tasks corresponding to his rank and experience”. The army also recognizes that this case will have been “a long and difficult process”.
Justice Richard Meredith of the Court of Quebec concluded last month that the prosecution had not established beyond a reasonable doubt that it was Mr. Fortin who had sexually assaulted a comrade at the Military College of Saint-Jean. in 1988.
Quebec’s Director of Criminal and Penal Prosecutions confirmed earlier this month that he would not appeal Mr. Fortin’s acquittal. In a written statement to The Canadian Press, the DPCP indicated that the decision had been announced to the complainant and also wished to underline “the courage and resilience” which she had shown throughout the legal proceedings.
Judge Meredith had insisted that he was satisfied that the complainant had indeed been sexually assaulted that evening. But he felt that the Crown had not established beyond a reasonable doubt that it was the accused Fortin who had committed the crime.
Mr. Fortin “looks forward to serving”
In a statement sent to The Canadian Press on Monday, Major-General Fortin said he “looks forward to serving Canadians” in a position that matches his rank and experience. But he adds that his current mission “certainly does not meet this definition”.
When the allegation became known, Major-General Fortin was responsible for the federal distribution of COVID-19 vaccines to the provinces. He had been placed on paid leave in May 2021, while the allegation was investigated.
Prior to his mandate with the national vaccination operation, Mr. Fortin had been commander of the NATO training mission in Iraq and commander of the 1D Canadian Division.
Daniel Le Bouthillier indicated that since the allegation emerged, the major-general had continued to be paid by the Canadian Armed Forces. Mr. Fortin had been Senior Advisor to the Commander of Canadian Joint Operations Command since August 2021.
Dany Fortin said Monday that he intends to continue to fight in the Federal Court of Appeal against his “unfair dismissal” and “lack of due process” in his case. The government has denied Mr. Fortin’s claims that he was fired following political interference from Ottawa.
The major-general said he also filed a formal complaint with the Military Police Complaints Commission about the way his case was handled by that police force. He maintains that his problem is still not solved.
“Hard on his career”
In an interview with The Canadian Press last month, his lawyer, Natalia Rodriguez, raised the possibility of another lawsuit or an out-of-court settlement in this case. She had described the ordeal suffered by Mr. Fortin as a “very hard blow for his career”.
Mr Rodriguez argued that his client had essentially been left in limbo for 18 months, which limited his ability to work and be promoted before reaching the mandatory retirement age of 55 next summer.
Retired Colonel Michel Drapeau, who is now a lawyer specializing in military affairs, estimated last month that a verdict of not guilty should lead to the immediate reassignment of Mr. Fortin to new duties. “There is no legal or administrative reason not to do so,” said Mr. Drapeau in an interview with The Canadian Press.
A 2020 guideline
The army concludes on Monday that Mr. Fortin did not commit misconduct after a review necessitated by a policy put in place at the end of 2020 amid lingering concerns about the army’s record. eradication of sexual assault.
This “Defence Administrative Order and Directive” states that even if a service member is acquitted of a charge, the Armed Forces are still required to review the facts of the case “to determine whether there is reliable evidence that establishes , on a balance of probabilities, that sexual misconduct has occurred”.
The directive further emphasizes that a finding of guilt is not necessary to recommend release or impose other administrative measures.
In the case of Major-General Fortin, the conclusion was drawn “following a review of the information available, including the decision” of the Court of Quebec, wrote Mr. Le Bouthillier.