Fortin’s lawyer fights bid to throw his proceedings

Major General Dany Fortin’s lawyer is fighting a federal attempt to put down a client’s proceedings over his dismissal as head of a Canadian vaccine distribution campaign.

In a newly submitted federal court submission, they state that there is no benefit to the government’s motion to revoke his proceedings.

The Pentagon announced in a brief statement on May 14 that Fortin would resign from his position at the Public Health Agency of Canada, which he had held since November.

The gendarmerie referred his case to the Quebec Public Prosecutor’s Office five days later.

Fortin’s lawyer alleges that the decision to dismiss him was unreasonable, lacked procedural fairness, and involved the Liberal government’s intervention in the military command system. They are asking the court to return him to his old role or equivalent.

In a discussion filed in court on Friday, Fortin’s lawyer said Wayne Eyre, a deputy defense staff member who was recently promoted to general, was brief to tell their clients the news.

Evidence shows the inevitable conclusion that the decision to remove Fortin was made by the Minister of Health, the Minister of Defense, the Prime Minister and the Clerk of the Principles, the submission states.

But under the military command system, it claims that the decision should have been made solely by Air.

The decision maker prevented Air from doing so. This constituted “inappropriate political interference in the military command system.”

“No matter who decides, it is objectively irrational and unbearable.”

Fortin was formally charged in Gatineau on August 18 with one count of sexual assaults dating back to 1988. He denied any cheating.

Federal lawyers argue that Fortin’s application for judicial review is premature, as grievances established under Defense Law and the rules and orders of the Queen of the Canadian Armed Forces provide appropriate alternative remedies. increase.

Fortin’s lawyer disagrees.

“In this case, grievance is not a good alternative remedy,” they claim.

“The process of dissatisfaction is a pointless exercise because the Canadian Army cannot make decisions on the matter, make decisions related to it, and provide effective remedies.”

In addition, grievance processing will be time consuming and time consuming due to systematic delays, the submission adds.

Canadian press