Defense chief’s notes reveal due process debate and perspective on Fortin’s allegation

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VANCOUVER An extraordinary set of handwritten notes from Canada’s Acting Defense Chief appears to reveal a behind-the-scenes struggle between due process, political perspective and support for the complainant after an allegation of sexual misconduct emerged ag

VANCOUVER An extraordinary series of handwritten notes from Canada’s Acting Chief of Defense appear to reveal a behind-the-scenes struggle between due process, political outlook and support for the complainant after an allegation of sexual misconduct emerged against the Major- general. Dany Fortin.

Over 100 pages of heavily edited documents, including notes written primarily in bullet form by the Lieutenant General. Wayne Eyre and internal email exchanges between senior military officials have been filed with the Federal Court. Communications are made between mid-March and mid-May.

The notes begin with a March 16 entry under the title GPFC, apparently referring to the Canadian Forces Provost Marshal, the Chief of Defense’s law enforcement adviser. It reads: “Tell me about the allegation (no details) (historical) against (core member).” “

Fortin was removed from his post as COVID-19 vaccine deployment chief in Canada on May 14, five days before the Canadian Forces National Investigation Service referred a sexual misconduct investigation to the Quebec prosecution service to determine whether charges should be laid.

Through his lawyers, Fortin denied any wrongdoing.

Fortin’s lawyers filed an application last month with the Federal Court for an expedited judicial review of the decision to fire him from his post at PHAC, and to request that the decision be quashed and reinstated in the agency or other position.

His lawyers argued that the decision to dismiss their client was unreasonable, lacked procedural fairness and involved inappropriate political interference in the military chain of command of Prime Minister Justin Trudeau, Health Minister Patty Hajdu and Sajjan.

None of the allegations have been tested in court.

On March 19, Eyre’s notes suggested Deputy Minister DM said the “government could fall” and face “political pressure.”

“What to say to the public? say the notes. “What do our values ​​lend us to? Rule of law, respect for legality.

They suggest “anxiety” among senior government officials as officials consider “workplace safety”, “victim support” and “ensuring public confidence in vaccine deployment.”

“If we can’t keep up with the values, when do I quit?” Eyre’s notes say under a scribbled “thoughts” section.

Fortin’s lawyer Natalia Rodriguez said in an email that it was “clear” from the documents that policymakers were more concerned with the “political outlook” of Fortin’s situation than ensuring a fair process. .

“They were aware of the reputational damage the decision to publicly remove Major-General Fortin would have,” she said.

“Despite an academic awareness of the impact the decision would have on the life of Major-General Fortin, the decision-makers nevertheless proceeded to his public impeachment without offering him any procedural guarantees.”

Eyre’s March 18 notes indicate that Fortin was “devastated” by the allegations and that his wife was “supportive”.

“I still can’t figure out what this is about,” read a note from an apparent teleconference with Fortin.

At other times, the notes suggest Fortin is “shocked”, “crushed” and “ashamed”, adding that he is “adamant” about his intention to continue working.

A subsequent March 18 memo reads “suicide mortality / SPAP,” apparently referring to the suicide prevention action plan. The section below is written.

Rodriguez said Fortin wanted to continue in office, which he did until his dismissal.

“He does not know the context of the notes on the SPAP as there was no such thing discussed during his meeting with the (Acting Chief of Staff).”

A partially edited section from March 25 suggests that the plaintiff “wants due process by the court” and “does not want a public spectacle.” The notes go on to suggest that the allegation is “not rape” and that it is a “very historic case”.

“Wants to use his experience to improve CAF,” they say.

Under a headline “MND”, apparently referring to Minister of National Defense Harjit Sajjan, on March 17, Eyre wrote “what does the victim want?

Due process must be followed, say the notes.

“Now we have to protect the institution,” they say. “We take everything seriously.”

He also suggests forming a “round table with experts as soon as possible” and “creating a process for those who have come forward”.

A request for comment from Eyre, sent to the Department of National Defense, was not returned in time for publication.

A spokesperson for Sajjan declined to comment.

“As this is an ongoing legal matter, it would be inappropriate for us to comment at this time,” said Daniel Minden.

On May 12, Eyre’s notes suggested that “Min H” apparent abbreviation for Health Minister Patty Hajdu wanted to “protect herself,” “don’t want to create a narrative” and “strike a balance.”

“She won’t talk about an investigation,” the notes say. “Understands the victim’s point of view”.

In a statement, Hajdu’s office said “at no time” did she speak with the acting chief of staff about the matter.

“At all times, the Minister has stressed the need to be transparent with Canadians to maintain their confidence in the process and to provide the media with the reasons for this change in vaccine distribution operations in Canada,” he added. he declares.

The notes provide an overview of Eyre’s thinking process on next steps and dealing with spinoffs.

In a section of March 19 marked and underlined “options”, Eyre’s notes suggest three choices: “leave in place”, “withdraw” and “depart”.

Leaving Fortin in place came with “political” and “institutional” risks, according to the notes.

Removing it, they suggest, would undermine “reputation” and cause “institutional damage”.

The military has been grappling with issues of sexual misconduct for months. Former defense chief Jonathan Vance has been charged with obstructing justice in an investigation into an allegation of sexual misconduct against him, while Sajjan has faced repeated calls from the opposition to resign for his management of these questions.

Rodriguez said the government refused to provide additional documents on the decision of ministers’ offices.

The hearing for the application has been set by the Federal Court for September 28 and 29, Rodriguez said.

“Major-General Fortin is anxious to prove his case as soon as possible.”

This report by The Canadian Press was first published on August 1, 2021.

Hina Alam, The Canadian Press

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