Related proceedings

On June 14, 2021, Fortin filed a request for judicial review of the decision to remove him from his PHAC role, seeking either reinstatement or assignment to another position suitable for his rank. Fortin argued that the decision to remove him was political and that he was denied procedural fairness.^[20] The Federal Court ruled against him later that year, finding that the military grievance process as the proper venue.^[21] Fortin appealed the decision to the Federal Court of Appeal.^[12]

After the trial decision, the military launched two internal reviews by the career manager's office and his nominal superior. On January 23, 2023, an internal review led by Vice-Admiral Bob Auchterlonie concluded that on the balance of probabilities Fortin did not engage in sexual misconduct, so no further administrative measures were required.^[22]

On March 15, 2023, Fortin sued the federal government,^[23] and sixteen individuals, including Prime Minister Justin Trudeau, as well as leading military and political figures including chief of the defence staff General Wayne Eyre, then-minister of health Patty Hajdu, then-minister of defence Harjit Sajjan, and then-head of defence public affairs Laurie-Anne Kempton for $6 million in damages for alleged defamation, misfeasance in public office, conspiracy and negligent investigation.^[12]

On October 12, 2023, it was announced that Fortin had reached agreement to settle his case and drop the lawsuit, along with agreeing a customary non-disclosure agreement and other conditions. Later that month, it was publicly confirmed that Fortin had wanted to return to the Canadian Armed Forces following his acquittal but this was refused, and he retired in July 2023.^[24]

On October 18, 2023, media reported that several senior military and civilian leaders in National Defence claimed they had "no records" relating to Fortin when asked under Access to Information and Privacy legislation. Having been very publicly removed from his assignment followed by a criminal court acquittal, two military administrative reviews and a reintegration process, Fortin said "this defies belief" that the military heads of human resources, and professional conduct, and the deputy minister would have no records, a view shared by other notable public commentators.^{[25] [26]}

Fortin Engages Military Police Complaints Commission

In January 2023, Fortin filed an official complaint with the Military Police Complaints Commission (MPCC) claiming to have been the victim of a biased and partial police investigation, and that he was charged on the basis of insufficient evidence, the prosecution being the result of undue pressure to believe the alleged victim and to accept her allegations at face value.^[27] On April 20, 2023, the MPCC agreed to conduct a public interest investigation, citing in part, months of delay by the military's provost marshal office in providing full disclosure of the case file to the oversight body.^[28] On October 13, 2023, Fortin's counsel, Thomas G. Conway, advised the MPCC by letter that “given the circumstances,” of the agreement, Fortin “must” withdraw his complaint, but noted that if the MPCC decided to continue the public interest investigation, that Fortin would fully participate. On October 24, 2023, MPCC Chairperson Tammy Tremblay announced they would continue with the investigation, noting the seriousness of the allegations, the alleged involvement of senior officials and military police members, and the public interest issues raised.^[29]