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Dany Fortin sues federal government, Trudeau for $6M

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OTTAWA –

Maj.-Gen. Dany Fortin, a senior military officer who was acquitted of a sexual assault charge late last year, has filed a $6-million lawsuit against the Canadian government.

Fortin, who was dropped as the lead for Canada’s COVID-19 vaccine program in early 2021, has named 16 high-ranking officials in a wide-ranging suit, including Prime Minister Justin Trudeau, chief of the defence staff Gen. Wayne Eyre, former defence minister Harjit Sajjan and former health minister Patty Hajdu.

A statement of claim filed on Wednesday with the Ontario Superior Court of Justice accuses the officials of “reprehensible, extreme, flagrant and high-handed” conduct and seeks $5 million in general damages and $1 million in punitive damages.

The document alleges that Fortin suffered the damages due to defamation and misfeasance in public office. It also accuses the officials of negligent investigation, the inappropriate public disclosure of private facts, breach of confidence and conspiracy to cause damages.

“He was not afforded due process,” Fortin’s lawyer, Thomas Conway, said in an interview.

“It’s caused him the kind of grief that you expect anyone would go through, facing the kinds of allegations that he had to face publicly.”

Fortin was removed as head of the government’s COVID-19 vaccine rollout in May 2021 pending the investigation of a historical allegation stemming from his time at military college in 1988.

He was charged with sexual assault in August 2021 and acquitted of the charge last December in the Quebec Superior Court.

The lawsuit alleges that the investigation was grossly negligent and that there was never any basis to make a criminal prosecution in the first place. It accuses officials of dismissing Fortin from the prominent vaccine role for political reasons.

“There is a certain, I would say, chill that has descended over the Canadian Armed Forces relating to all of these allegations of sexual misconduct,” Conway said.

“And we are not by any means trying to trivialize that issue. Not by any means. It’s a serious issue. However, unfortunately, everyone seems to have tossed out the notion that someone is entitled to … a fair process.”

He added that despite Fortin’s acquittal, there is a stain on his reputation.

“That stain, that damage, is not something that is ever going to be removed unless he seeks redress for what has happened in the courts by way of civil remedy,” Conway said.

The military formally cleared Fortin of misconduct on the balance of probabilities in January, and said it would assign him to a new role. But the lawsuit alleges the Canadian Armed Forces is either refusing or unreasonably delaying his reintegration.

The statement of claim says that’s because defendants it names as “political actors” have “made it clear” to the military’s leadership that Fortin cannot return to his regular duties, have “tarnished” his reputation with the military itself and have created a climate in which someone who “has done nothing wrong” cannot advance their career once someone else makes an allegation.

The Defence Department still intends to reassign Fortin to “appropriate duties commensurate with his rank and experience,” spokesperson Jessica Lamirande said in a statement.

“We will review the statement of claim and will not be commenting further at this time,” she said.

The Prime Minister’s Office did not immediately respond to a request for comment.

No statement of defence has been filed responding to the allegations in the lawsuit.

Separate proceedings are still ongoing at the Federal Court of Appeal, in which Fortin is appealing a Federal Court decision that tossed out his request for reinstatement last year.

In that matter, Fortin has argued that he was ousted from the vaccine role due to political interference and without due process. The government has denied those claims. A spokesperson for Fortin said a date has not been set for further proceedings.

Fortin, who previously served as commander of the NATO training mission in Iraq and as commander of the 1st Canadian Division, also initiated a complaint with the Military Police Complaints Commission after his acquittal.

When asked about whether Fortin pursued a settlement with the government before filing the suit, Conway would only say that Fortin does not have any interest in getting into extended litigation with his former colleagues, and with an institution he served for more than 30 years.

“Believe me, this is the last thing he wanted to do.”

Defendants named in the Fortin lawsuit include:

— Prime Minister Justin Trudeau

— Gen. Wayne Eyre, the chief of the defence staff

— Harjit Sajjan, former defence minister and current international development minister

— Patty Hajdu, former health minister and current Indigenous services minister

— Janice Charette, clerk of the Privy Council Office

— Iain Stewart, former head of the Public Health Agency of Canada and current president of the National Research Council

— Jody Thomas, former deputy minister of national defence and current national security adviser to Trudeau

— Lt.-Col. Eric Leblanc, commander of the Canadian Forces National Investigation Service

— Retired colonel Bruce MacGregor, former director of military prosecutions

— Brig.-Gen. Simon Trudeau, the military’s provost marshal

— Retired brigadier-general Dyrald Cross, who was the supervisor of the complainant in the sexual assault case

— Laurie-Anne Kempton, the assistant deputy minister of public affairs at the Defence Department

— George Young, Sajjan’s then-chief of staff and current acting chief of staff to the fisheries and oceans minister

— Warrant Officer Denise Hachey, a military police investigator

— Brig.-Gen. Alan Mulawyshyn, then-chief of staff for Eyre and now a deputy executive director at Veterans’ House

— The Attorney General of Canada, who is named in the suit as a defendant in the proceeding on behalf of the Canadian Armed Forces, the Department of National Defence, the Ministry of Health, the Prime Minister’s Office, the Privy Council Office and the Public Health Agency of Canada.

This report by The Canadian Press was first published March 15, 2023.  

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Whitehead becomes 1st CHL player to verbally commit to playing NCAA hockey

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Braxton Whitehead said Friday he has verbally committed to Arizona State, making him the first member of a Canadian Hockey League team to attempt to play the sport at the Division I U.S. college level since a lawsuit was filed challenging the NCAA’s longstanding ban on players it deems to be professionals.

Whitehead posted on social media he plans to play for the Sun Devils beginning in the 2025-26 season.

An Arizona State spokesperson said the school could not comment on verbal commitments, citing NCAA rules. A message left with the CHL was not immediately returned.

A class-action lawsuit filed Aug. 13 in U.S. District Court in Buffalo, New York, could change the landscape for players from the CHL’s Western Hockey League, Ontario Hockey League and Quebec Maritimes Junior Hockey League. NCAA bylaws consider them professional leagues and bar players from there from the college ranks.

Online court records show the NCAA has not made any response to the lawsuit since it was filed.

“We’re pleased that Arizona State has made this decision, and we’re hopeful that our case will result in many other Division I programs following suit and the NCAA eliminating its ban on CHL players,” Stephen Lagos, one of the lawyers who launched the lawsuit, told The Associated Press in an email.

The lawsuit was filed on behalf of Riley Masterson, of Fort Erie, Ontario, who lost his college eligibility two years ago when, at 16, he appeared in two exhibition games for the OHL’s Windsor Spitfires. And it lists 10 Division 1 hockey programs, which were selected to show they follow the NCAA’s bylaws in barring current or former CHL players.

CHL players receive a stipend of no more than $600 per month for living expenses, which is not considered as income for tax purposes. College players receive scholarships and now can earn money through endorsements and other use of their name, image and likeness (NIL).

The implications of the lawsuit could be far-reaching. If successful, the case could increase competition for college-age talent between North America’s two top producers of NHL draft-eligible players.

“I think that everyone involved in our coaches association is aware of some of the transformational changes that are occurring in collegiate athletics,” Forrest Karr, executive director of American Hockey Coaches Association and Minnesota-Duluth athletic director said last month. “And we are trying to be proactive and trying to learn what we can about those changes.

Karr was not immediately available for comment on Friday.

Earlier this year, Karr established two committees — one each overseeing men’s and women’s hockey — to respond to various questions on eligibility submitted to the group by the NCAA. The men’s committee was scheduled to go over its responses two weeks ago.

Former Minnesota coach and Central Collegiate Hockey Association commissioner Don Lucia said at the time that the lawsuit provides the opportunity for stakeholders to look at the situation.

“I don’t know if it would be necessarily settled through the courts or changes at the NCAA level, but I think the time is certainly fast approaching where some decisions will be made in the near future of what the eligibility will look like for a player that plays in the CHL and NCAA,” Lucia said.

Whitehead, a 20-year-old forward from Alaska who has developed into a point-a-game player, said he plans to play again this season with the Regina Pats of the Western Hockey League.

“The WHL has given me an incredible opportunity to develop as a player, and I couldn’t be more excited,” Whitehead posted on Instagram.

His addition is the latest boon for Arizona State hockey, a program that has blossomed in the desert far from traditional places like Massachusetts, Minnesota and Michigan since entering Division I in 2015. It has already produced NHL talent, including Seattle goaltender Joey Daccord and Josh Doan, the son of longtime Coyotes captain Shane Doan, who now plays for Utah after that team moved from the Phoenix area to Salt Lake City.

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AP college sports:

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Calgary Flames sign forward Jakob Pelletier to one-year contract

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CALGARY – The Calgary Flames signed winger Jakob Pelletier to a one-year, two-way contract on Friday.

The contract has an average annual value of US$800,000.

Pelletier, a 23-year-old from Quebec City, split last season with the Flames and American Hockey League’s Calgary Wranglers.

He produced one goal and two assists in 13 games with the Flames.

Calgary drafted the five-foot-nine, 170-pound forward in the first round, 26th overall, of the 2019 NHL draft.

Pelletier has four goals and six assists in 37 career NHL games.

This report by The Canadian Press was first published Sept. 13, 2024.

The Canadian Press. All rights reserved.



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Kingston mayor’s call to close care hub after fatal assault ‘misguided’: legal clinic

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A community legal clinic in Kingston, Ont., is denouncing the mayor’s calls to clear an encampment and close a supervised consumption site in the city following a series of alleged assaults that left two people dead and one seriously injured.

Kingston police said they were called to an encampment near a safe injection site on Thursday morning, where they allege a 47-year-old male suspect wielded an edged or blunt weapon and attacked three people. Police said he was arrested after officers negotiated with him for several hours.

The suspect is now facing two counts of second-degree murder and one count of attempted murder.

In a social media post, Kingston Mayor Bryan Paterson said he was “absolutely horrified” by the situation.

“We need to clear the encampment, close this safe injection site and the (Integrated Care Hub) until we can find a better way to support our most vulnerable residents,” he wrote.

The Kingston Community Legal Clinic called Paterson’s comments “premature and misguided” on Friday, arguing that such moves could lead to a rise in overdoses, fewer shelter beds and more homelessness.

In a phone interview, Paterson said the encampment was built around the Integrated Care Hub and safe injection site about three years ago. He said the encampment has created a “dangerous situation” in the area and has frequently been the site of fires, assaults and other public safety concerns.

“We have to find a way to be able to provide the services that people need, being empathetic and compassionate to those struggling with homelessness and mental health and addictions issues,” said Paterson, noting that the safe injection site and Integrated Care Hub are not operated by the city.

“But we cannot turn a blind eye to the very real public safety issues.”

When asked how encampment residents and people who use the services would be supported if the sites were closed, Paterson said the city would work with community partners to “find the best way forward” and introduce short-term and long-term changes.

Keeping the status quo “would be a terrible failure,” he argued.

John Done, executive director of the Kingston Community Legal Clinic, criticized the mayor’s comments and said many of the people residing in the encampment may be particularly vulnerable to overdoses and death. The safe injection site and Integrated Care Hub saves lives, he said.

Taking away those services, he said, would be “irresponsible.”

Done said the legal clinic represented several residents of the encampment when the City of Kingston made a court application last summer to clear the encampment. The court found such an injunction would be unconstitutional, he said.

Done added there’s “no reason” to attach blame while the investigation into Thursday’s attacks is ongoing. The two people who died have been identified as 38-year-old Taylor Wilkinson and 41-year-old John Hood.

“There isn’t going to be a quick, easy solution for the fact of homelessness, drug addictions in Kingston,” Done said. “So I would ask the mayor to do what he’s trained to do, which is to simply pause until we have more information.”

The concern surrounding the safe injection site in Kingston follows a recent shift in Ontario’s approach to the overdose crisis.

Last month, the province announced that it would close 10 supervised consumption sites because they’re too close to schools and daycares, and prohibit any new ones from opening as it moves to an abstinence-based treatment model.

This report by The Canadian Press was first published Sept. 13, 2024.

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