The country’s military police watchdog found investigators failed to conduct a rigorous investigation into a sexual assault allegation against former senior military leader Dany Fortin, but that outside pressure didn’t influence the case.
The head of the Military Police Complaints Commission of Canada called the issues she discovered “failures” and wants the military to address systemic problems.
“While the evidence does not support the allegation of improper external influence, it reveals an investigation compromised by tunnel vision, a lack of supervisory oversight and a failure to adhere to fundamental investigative principles,” the watchdog’s chairperson Tammy Tremblay wrote in her final report, made public on Tuesday.
“These are not minor administrative errors; they are failures that risk undermining the integrity of the military justice system and eroding public confidence.”
The watchdog’s final report happens to coincide with the federal government facing pushback from victims, former military officials and opposition parties over a bill to strip the military of its power to investigate and prosecute sexual assault cases.
The bill acts on a recommendation from former Supreme Court justice Louise Arbour in 2022 who found serious concerns remain with the independence and competence of military investigators, prosecutors and justice system.
In Fortin’s case, he was removed from his high-profile role leading the logistics of Canada’s COVID-19 vaccine rollout during the investigation in 2021. He denied the allegations, which dated back to 1988 when he was at military college.
He was acquitted of sexual assault in 2022 in a Quebec civilian court.
Fortin filed a complaint two years ago with the Military Police Complaints Commission of Canada, alleging the Canadian Forces National Investigation Service which investigated his case in 2021 was biased.
He claimed he was charged without sufficient evidence and outside pressure meant the allegations against him were taken at face value.
Fortin’s complaint said there was a “mantra” within the military that they “believe victims” which influenced the investigation along with “significant political and public pressure” to show that the military was doing something against several senior military officers under investigation for sexual misconduct, the report said.
In a rare move, the watchdog launched a high-level investigation into Fortin’s claim because of the seriousness of the allegations and public interest.
Maj.-Gen. Dany Fortin acquitted of sexual assault charge
Tremblay said she found “serious deficiencies” with the conduct of investigators.
But the report said she can’t determine if the issues she found would have changed the investigator’s decision to refer Fortin’s case to Quebec prosecutors who independently decided to lay a criminal charge.
“In this case, it was found that investigators acted within the justice framework, and the final charging decision rested with the prosecutor,” wrote Tremblay.
Tremblay found that assisting investigator Warrant Officer Denise Hachey used a tool on a witness that was designed to interrogate a suspect of a crime. The goal of interviewing a witness is supposed to be to obtain an untainted and accurate recollection of what happened, not to ask leading questions, the report said.
Tremblay’s report also found that six people were identified as potential witnesses, but investigators only interviewed four of them.
The report said that lead investigator Sgt. Keven Léonard and Hachey are responsible for failing to record telephone interviews which is a “significant lapse in basic investigative procedure.”
The investigation overall suffered from inadequate supervision, oversight and case management, the report concluded.
The watchdog issued 16 recommendations aimed at addressing systemic weaknesses. They include that the Canadian Forces Provost Marshal — the commander in charge of military police — instruct all investigators, and in particular Léonard and Hachey, to record all interviews and if that’s not possible explain why in the file.
Tremblay also recommended that the commander do more to ensure military police consistently document their decisions in files, including why they didn’t interview potential witnesses.
But Tremblay said that the Canadian Forces Provost Marshal’s response to her recommendations weren’t detailed enough and raised concerns about if it’s committed to “meaningful change.”
Fortin, who had attained the rank of major-general, retired from the military in 2023 after reaching a settlement against the military and top government officials for an undisclosed amount.
