The military police oversight agency of the nation has determined that the investigation into sexual assault claims against former senior military figure Dany Fortin was not conducted thoroughly, although it concluded that external pressures did not affect the proceedings.
Tammy Tremblay, the chair of the Military Police Complaints Commission of Canada, labeled the shortcomings she identified as “failures” and is urging the military to rectify systemic issues.
“Although the evidence does not indicate any inappropriate external influence, it highlights an investigation hindered by narrow focus, insufficient supervisory oversight, and a disregard for essential investigative protocols,” Tremblay stated in her final report, which was released on Tuesday.
“These are not trivial administrative mistakes; they represent significant failures that could jeopardize the integrity of the military justice system and diminish public trust.”
The publication of the final report coincides with the federal government facing criticism from victims, former military personnel, and opposition parties regarding a proposed bill that would remove the military’s ability to investigate and prosecute sexual assault cases.
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The legislation responds to a recommendation made by former Supreme Court justice Louise Arbour in 2022, who expressed serious concerns regarding the independence and competence of military investigators, prosecutors, and the overall justice system.
In the case of Fortin, he was removed from his prominent position overseeing the logistics of Canada’s COVID-19 vaccine distribution in 2021 amid the investigation. He has consistently denied the allegations, which date back to 1988 during his time at military college.
In 2022, he was acquitted of sexual assault charges in a civilian court in Quebec.
Two years prior, Fortin lodged a complaint with the Military Police Complaints Commission of Canada, claiming that the Canadian Forces National Investigation Service, which handled his case in 2021, displayed bias.
He argued that he was charged without adequate evidence and that external pressures led to the allegations being accepted without scrutiny.
Fortin’s complaint highlighted a prevailing “mantra” within the military to “believe victims,” which he asserted swayed the investigation, alongside “significant political and public pressure” to demonstrate that action was being taken against high-ranking military officers under investigation for sexual misconduct, as noted in the report.
In an unusual step, the oversight agency initiated a comprehensive investigation into Fortin’s allegations due to the gravity of the claims and the public’s interest.
A judge has acquitted Maj.-Gen. Dany Fortin, who once led Canada’s COVID-19 vaccine rollout, of one count of sexual assault following a trial this fall. Fortin says he is now planning his next legal move, saying his career was derailed by a lack of due process.
Tremblay pointed out “serious deficiencies” in the way investigators conducted their work.
However, the report stated that she could not ascertain whether the issues identified would have altered the decision of the investigators to refer Fortin’s case to Quebec prosecutors, who independently chose to file criminal charges.
“In this instance, it was determined that investigators operated within the justice framework, and the ultimate decision to charge was made by the prosecutor,” Tremblay wrote.
Tremblay noted that assisting investigator Warrant Officer Denise Hachey utilized an interrogation tool designed for suspects on a witness, which is inappropriate since the aim of interviewing a witness should be to gather a clear and unbiased account of events, rather than to ask suggestive questions, according to the report.
The findings also indicated that six individuals were identified as potential witnesses, yet only four were interviewed by investigators.
The report highlighted that lead investigator Sgt. Keven Léonard and Hachey did not record telephone interviews, which is considered a “significant failure of basic investigative protocol.”
Overall, the report concluded that the investigation suffered from insufficient supervision, oversight, and case management.
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The oversight agency recommended 16 measures aimed at addressing systemic vulnerabilities. These include directives for the Canadian Forces Provost Marshal—the head of military police—to mandate that all investigators, especially Léonard and Hachey, record all interviews and provide explanations in the file if recording is not feasible.
Tremblay also suggested that the commander enhance efforts to ensure military police consistently document their decisions in files, including justifications for not interviewing potential witnesses.
However, Tremblay raised concerns about the adequacy of the Canadian Forces Provost Marshal’s responses to her suggestions, questioning their commitment to “meaningful change.”
Fortin shared a statement online describing his entire experience as “deeply traumatic” and expressed that he “perhaps naively hoped my experience might at least lead to military police and institutional reform.”
“Victims—of sexual misconduct, and those wrongfully accused—deserve better from this national institution and its senior leadership,” Fortin remarked.
Having achieved the rank of major-general, Fortin retired from military service in 2023 after reaching a settlement with the military and top government officials for an undisclosed sum.
“While I have been progressing in my life, the MPCC findings provide some public validation, personal relief, and a welcome conclusion to this prolonged saga,” Fortin stated.
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