Defence chief's handwritten notes expose debate over due process, optics on Fortin misconduct allegation

Canada's acting defence chief muddied the waters on a sexual misconduct complainant with his handwritten notes, dated back to mid-March to mid-May.

Over 100 heavily redacted pages of mostly short-hand notes by Lt.-Gen. Wayne Eyre and internal email exchanges between top military officials were filed in Federal Court, according to CTV News.

Maj.-Gen. Dany Fortin served as head of Canada's COVID-19 vaccine rollout until May 14. He was removed five days before the Canadian Forces National Investigation Service referred a sexual misconduct investigation to the Quebec prosecution service to determine if charges should be laid. Fortin denied any wrongdoing.

Last month, Fortin's lawyers applied with the Federal Court, requesting an expedited judicial review on his dismissal from PHAC. They are also asking for the decision to be quashed and reinstated at PHAC or another position.

His lawyers argued his removal was unreasonable and lacked procedural fairness. They also alleged improper political interference in the military chain of command by Prime Minister Justin Trudeau, Health Minister Patty Hajdu and Defence Minister Harjit Sajjan. None of the allegations have been tested in court. The hearing of Fortin’s application is set for September 28 and 29.

The notes begin with a March 16 entry under the heading CFPM, referring to the Canadian Forces Provost Marshal, the adviser to the defence chief on policing matters. It reads, "let me know about [the] allegation (no details) (historic) against (senior member)."

On March 19, Eyre's notes suggested that the deputy minister said the "government could fall" and face "political pressure." The notes said, "What [do you] say to [the] public? What do our values lend us to do? Rule of law, respect for due process." The notes indicated top government brass had "anxiety" as officials considered "workplace safety," "victim support," and "ensure public confidence in vaccine rollout."

"If we can't follow values, at what point do I resign?" Eyre wrote under a section scribbled "thoughts."

Fortin's lawyer, Natalia Rodriguez, said in a written statement that top brass concerned themselves more with the "political optics" of Fortin's predicament than they did to ensure due process. "They were aware of the reputational damage that the decision to publicly remove Maj.-Gen. Fortin would have," she said.

Rodriguez added: "Despite showing an academic awareness of the impact the decision would have on Maj.-Gen. Fortin's life, the decision-makers nevertheless proceeded to publicly remove him without affording him any procedural safeguards."

Eyre's notes from March 18 showed Fortin was "devastated" by the allegations and that his wife remained "supportive." The notes also suggested that Fortin was "shocked," "crushed," and "ashamed." Rodriguez said Fortin wanted to continue his work, which he did until his subsequent removal.

According to the notes from March 25, the complainant made clear she "wants due process through justice" and "does not want a public spectacle." The notes indicate the allegation was "not rape," though it was a "very historic case." Ultimately, she "Wants to use her experience to make CAF better."

Under an "MND" heading dated March 17, Eyre referenced Defence Minister Harjit Sajjan when Eyre wrote, "what does [the] victim want?" He made another reference to carrying out due process. "[We] need to protect the institution," they said. "We take everything seriously." He noted a "roundtable with experts soonest" could "create a process for those who came forward."

National Defence did not return a request for comment to CTV News at the time of publication, while a spokesperson for Sajjan declined to comment. Sajjan faced repeated opposition calls to resign over his handling of sexual misconduct investigations and supposedly hiring an aide accused of having an improper workplace relationship.

"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 implied Health Minister Patty Hajdu wanted to "protect herself," "doesn't want to create a narrative," and "find balance."

In a written statement, Hajdu's office said "at no time" did she speak with Eyre about this matter. "At all times, the minister has emphasized the need to be transparent with Canadians to keep their confidence in the process and to provide media with the reasons for this change to the vaccine distribution operation in Canada," it said.

Eyre wrote that Hajdu would not talk about an investigation because she "Understands [the] victim's perspective." The notes provided insight into Eyre's thought process on the next steps and how he dealt with the impending fallout.

Dated March 19, Eyre's notes outlined "options," indicating three choices: "leave in position," "remove," and "step aside," adding that leaving Fortin in that position came with "political" and "institutional risks." But removing him would further questions on CAF's "reputation" and cause "institutional damage."

Rodriguez wrote that the federal government refused to provide additional documents on the role of top government officials in letting Fortin go.