Fortin Public Interest Investigation (MPCC‑2023‑006) – Homepage
On April 20, 2023, the Chairperson of the Military Police Complaints Commission (MPCC), Me Tammy Tremblay, decided to conduct a Public Interest Investigation into a complaint concerning the actions of members of the Canadian Forces National Investigation Service (CFNIS). The complaint is about the handling of a CFNIS investigation of a sexual assault involving MGen (Retired) Dany Fortin, who was the subject of the investigation.
The sexual assault was alleged to have occurred in 1988 at the Royal Military College of Saint-Jean, Quebec, while MGen (Retired) Fortin and the alleged victim were cadets. The CFNIS investigation began in March 2021.
In May 2021, the CFNIS transmitted the investigation file to the Director of Criminal and Penal Prosecutions (DCPP) of Quebec. MGen (Retired) Fortin was charged with sexual assault by the DCPP in August 2021. He was acquitted of the sexual assault charge at his trial in December 2022. In January 2023, the DCPP announced that it would not appeal the verdict.
In his conduct complaint, submitted to the MPCC in January 2023, MGen (Retired) Fortin claims to have been the victim of a biased and partial police investigation. He further states that he was charged on the basis of insufficient evidence and that his prosecution was the result of undue pressure to believe the alleged victim and to accept her allegations at face value, to his detriment.
Given the seriousness of the allegations, the alleged involvement of senior officials and military officers and the public interest issues raised by the complaint, the Chairperson of the MPCC has decided to conduct a public interest investigation into this complaint.
Further details on the complaint are available in the Decision to Conduct a Public Interest Investigation.
Please note that on October 13, 2023, MGen (Retired) Fortin formally withdrew his complaint through a letter from his legal counsel. The letter came one day after the issuance of a joint statement from MGen (Retired) Fortin and the Department of National Defence indicating that the legal proceedings commenced by MGen (Retired) Fortin, in which several senior officials and military officers were named as defendants, have been resolved. After consideration, the Chairperson of the MPCC has decided that the MPCC will continue its Public Interest Investigation, despite the withdrawal of the complaint. Read the Decision to continue MPCC Public Interest Investigation despite withdrawal of the complaint by the Complainant.
Updates on the progress of the investigation will be posted in the "Timeline".
For further information, please contact:Michael Tansey
Military Police Complaints Commission of Canada
|October 24, 2023||Decision to continue MPCC Public Interest Investigation despite withdrawal of the complaint by the Complainant|
|June 19, 2023||Disclosure of CFNIS investigation file requested from the Office of the CFPM on January 25, 2023 received at the MPCC|
|April 20, 2023||Decision to conduct a Public Interest Investigation|
|April 12, 2023||Decision on request for extension of time to file a complaint|
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