Maj.-Gen. Dany Fortin is interesting the Federal Court docket ruling that directed him to take considerations to the army grievance system over his removing as head of the COVID-19 vaccine rollout earlier this 12 months.
Fortin’s authorized crew filed a discover of attraction on Friday, arguing the Federal Court docket justice made “quite a few and grave authorized errors” in her choice to strike the case, successfully siding with authorities legal professionals.
Federal Court docket Justice Ann Marie McDonald dominated on Oct. 12 that Fortin’s allegations saying he was denied due course of and that political interference performed a job in his removing have been service-related issues and as such, the army’s grievance course of ought to be his first venue for a criticism.
READ MORE: Fortin must use military grievance process to challenge removal, Federal Court rules
“It’s clear that the problems raised within the software are service-related issues and the allegations of political interference usually are not ‘distinctive circumstances’ that may permit MGen Fortin to bypass the grievance course of and search a preliminary treatment on this Court docket,” McDonald dominated.
“Accordingly, as MGen Fortin has not but availed himself of the CAF grievance course of on these points, the Court docket is not going to contemplate the deserves of his software because it has been introduced prematurely.”
Fortin’s legal professionals allege he was denied the best to due course of, the presumption of innocence, and privateness, and have demanded he be reinstated as head of the vaccine rollout, or put in the same submit.
Authorities legal professionals need McDonald to throw out Fortin’s lawsuit.
Extra to come back.
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