Federal court denies Fortin's request to be reinstated as head of vaccine rollout

Maj.-Gen. Dany Fortin's request for reinstatement as the head of Canada's COVID-19 vaccine rollout has been struck down by the Federal Court, stating Fortin must first pursue a grievance over his removal with the Canadian Armed Forces.

In a decision issued on Tuesday, Justice Ann Marie McDonald threw out Fortin’s request, ruling that his case was premature as the senior military officer “must exhaust the internal grievance process prior to seeking a remedy” in court.

The 20-page judicial review ruling comes after the court heard Fortin’s legal team and the government dispute who was responsible for the senior military officer’s removal, over two days of hearings in September.

Fortin’s lawyers had alleged political interference by Prime Minister Justin Trudeau, Health Minister Patty Hajdu and Defence Minister Harjit Sajjan, as well as a lack of due process or privacy in the decision to remove him.

The government’s lawyers argued that Fortin’s lawsuit is premature and should be thrown out because there is an established grievance process under the National Defence Act and the Queen's Regulations and Orders for the Canadian Forces, which they framed as an “adequate alternative remedy.”