Ottawa-Federal lawyers argue over the major general. The lawsuit brought by Dany Fortin for being removed from his position as the head of Canadian vaccine distribution activities is now meaningless because the job no longer exists.
In the newly filed federal court documents, the government lawyer stated that because Fortin is no longer possible to return to the vaccine station, the court has no reason to review the matter.
The Ministry of Defense announced in a brief statement on May 14 that Fortin will resign from his position with the Public Health Agency of Canada since November last year.
Five days later, the military police submitted his case to the Quebec Prosecutor’s Office.
Fortin was formally charged in Gatineau, Quebec on August 18, with charges dating back to 1988. He denied any wrongdoing.
Fortin’s lawyers stated that the decision to remove him from the vaccine position was unreasonable, lacked procedural fairness, and involved liberal government intervention in the military chain of command.
The federal filing late Friday stated that Fortin’s role in vaccine work has been temporary and “no longer exists.”
In addition, the Public Health Bureau did not fill this post because all responsibilities of this post “have been taken over by others in the public service.”
Federal lawyers also argued that Fortin failed to exhaust his available remedies through the military complaint process, and in any case, the decision to cancel his temporary position was “reasonable and fair.”
The document submitted by the government stated: “The launch of the vaccine is of vital importance to the public health of Canadians. During the COVID-19 pandemic, the public cannot be tolerated to lose confidence in the unified leader of the vaccine launch.”
According to the document, the acting chief of defense staff Wayne Eyre considered all relevant factors, including workplace safety risks, Fortin’s strong desire to continue his position, and the historical nature of the charges against him.
“Another factor is that if there are allegations of sexual assault against (Fortin), there is a risk that the public will lose confidence in the launch of the vaccine. At some point, this risk becomes too great.”
In a debate submitted to the court earlier this month, Fortin’s lawyers stated that Eyre succinctly communicated the dismissal to their clients: this is a “fait fact,” he told Fortin.
Fortin’s lawyers said the evidence points to the inevitable conclusion that the decision to remove the veteran was made by the Minister of Health, the Secretary of Defense, the Prime Minister, and the Privy Council clerk.
However, they argued that under the military command system, the decision should be made by Al alone.
The document submitted by Fortin stated that policymakers prevented Al from doing so, which constituted “improper political interference in the military chain of command.”
“No matter who made the decision, it is objectively unreasonable and cannot be established.”
Fortin’s lawyers also disagree that the appeal is an appropriate recourse.
“The grievance process will be a pointless task because the Canadian Armed Forces have not made relevant decisions, cannot make relevant decisions, and cannot provide effective remedies.”
In addition, Fortin’s lawyers stated that due to systemic delays, the appeal process will be time-consuming and slow.
Federal documents stated that there is no dispute that Al has consulted and received opinions from other government officials regarding the impact of the Fortin incident on the entire government’s response to the launch of the COVID-19 vaccine.
“The impact of these consultations, even arguments that interfere with or fail to make a decision, are matters that can be reviewed in the appeal process.”
This News Originally From – The Epoch Times