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General appeals judge’s ruling on reinstatement to COVID-19 vaccine campaign

Oct 22, 2021 | 2:44 PM

OTTAWA — Maj.-Gen. Dany Fortin is appealing after a Federal Court judge struck down his request for reinstatement as the head of Canada’s COVID-19 vaccine distribution campaign.

Fortin’s legal team filed notice of appeal today, saying Justice Ann Marie McDonald erred in her ruling last week that the senior officer should have filed a complaint with the military before going to court.

Fortin has been fighting for reinstatement after being abruptly removed as head of the vaccine rollout effort in May due to a police investigation that resulted in a charge of sexual assault in August.

Fortin has maintained his innocence and accused Prime Minister Justin Trudeau and other senior members of the Liberal government of having turfed him from the vaccine campaign for purely political reasons.

Government lawyers in turn argued during a two-day hearing last month that if Fortin was unhappy with the decision, he should have filed a grievance.

But Fortin’s legal team in their notice of appeal say McDonald erred in agreeing with the government’s position by not taking into consideration the exceptional circumstances surrounding their client’s case as well as the shortcomings of the military’s grievance system.

This report by The Canadian Press was first published Oct. 22, 2021.

The Canadian Press