Maj.-Gen. Dany Fortin‘s fight for reinstatement as head of Canada’s COVID-19 vaccine distribution campaign goes on after a critical decision by the Federal Court of Appeal.
In a decision released Friday, Justice Anne Mactavish refused a federal government demand to quash the senior military leader’s request for the Appeal Court to hear his case.
In doing so, Mactavish cleared the way for Fortin’s case to be heard by a three-judge panel, likely in the spring.
READ MORE: Fortin appeals Federal Court ruling that removal complaint must go through military
Fortin has been seeking to return to his post at the Public Health Agency of Canada since he was abruptly removed last May amid a police investigation that later resulted in a charge of sexual assault that is still moving through the Quebec court system. Fortin has maintained his innocence.
Federal Court Justice Ann Marie McDonald ruled in October that Fortin, who has denied any wrongdoing, needed to submit a formal complaint to the military before resorting to the courts.
In their appeal, Fortin’s lawyers argued McDonald erred in a number of different ways, and that their case be sent back to the Federal Court and heard by a different judge.