WARNING: This article contains graphic content and may affect people who have experienced or know someone who has experienced sexual violence.
A whistleblower at the center of a high-profile criminal case testified in Gatineau, Que. in court Monday that she was “horrified” more than three decades ago to wake up with Maj.-Gen. Dany Fortin sexually assaulted her.
The military commander pleaded not guilty to the alleged incident that took place between January 1 and April 30, 1988 when both were students at the Royal Military College Saint-Jean in Quebec. Today is the first time details of the allegations have been made public.
Fortin was known during the pandemic for his role as head of the vaccine rollout in Canada. He was removed from the job in 2021 amid a military police investigation that later led to sexual assault charges.
He is one of a number of current and former Canadian military leaders during the military’s sexual misconduct crisis who have been investigated, criminally charged or forced to step down as early as 2021 from some of the country’s most prestigious positions. ‘defense establishment.
The complainant said she woke up shortly after midnight to Fortin leaning over her bed in the barracks and holding her hand “around his penis” and using it to masturbate.
“I’m shocked,” said the woman about how she felt at the time of that alleged sexual assault. “I’m scared. I’m scared.”
“I freeze for a second. I don’t move except for the movement of what he’s doing and I just hold my breath and open one eye slightly.”
Major-Gen. Dany Fortin is seen in a court sketch on the first day of her sexual assault trial in Gatineau, Que., on Sept. 19, 2022. (Lauren Foster-MacLeod/CBC) The woman said she recognized Fortin immediately because he was his acquaintance in his squadron and a year ahead. He was wearing casual clothes and had his pants down, she said.
The woman testified that she tried to pull her hand away to indicate that she was awake. He said he expected Fortin to “panick and leave.” But Fortin “ignored her” at first and didn’t stop right away, the woman said.
“He just grabs my hand tighter and holds it there,” she said. “Keep doing what you’re doing.”
The complainant said Fortin’s other hand was touching her breast “hard.”
“At that point that’s where I’m pushing him and saying, ‘get off me, get off me’ … I’m so shocked at what’s going on, my focus was to get him off me.”
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Major-Gen. Dany Fortin speaks to the media outside a police station in Gatineau, Que., about a sexual assault charge he is facing. He has denied any wrongdoing.
‘denying me’
The court has imposed a publication ban on reporting any details that could identify the complainant.
The complainant stated that while trying to get Fortin to leave her room, she repeatedly whispered her roommate’s name. In that same tone, the woman said she told Fortin to “stop, get off me, go away.” But he said he didn’t yell out of concern that someone else would break in, the woman testified.
“I’m horrified,” he said. “I don’t want anybody to come and find me in this position. Somebody do this to me, belittle me.”
The woman said she was aware of the university’s reputation at the time and said there were ramifications for other women who came forward with allegations of sexual misconduct.
The woman said she didn’t know how long Fortin was in her room, but he left about five minutes or so after she woke up.
The complainant said she was 18 or 19 years old at the time of the alleged assault and had finished her preparatory year and was in what is called a “freshman year”. Fortin advanced a year in college, the woman said.
Crown prosecutor Diane Legault asked the woman how certain she is that it was Fortin who allegedly sexually assaulted her 34 years ago.
“100 percent without a doubt,” the woman said.
Major-Gen. Dany Fortin regularly sat alongside Director of Public Health Dr Theresa Tam and federal ministers on Parliament Hill to provide updates on the COVID-19 pandemic. (Sean Kilpatrick/The Canadian Press)
Fortin’s wife, daughter, attends the trial
Fortin attended the court proceedings in his military uniform, with his medals. He sat next to his lawyers behind Plexiglas, just a few meters away from the complainant during her testimony. Fortin took notes throughout the testimony as his wife and daughter sat in the front row of the courtroom.
The complainant said that there were about 500 male students at the time and about 50 female students at the Royal Military College Saint-Jean (RMC). He said that women of his year had to sleep with the door open.
The woman stated that after Fortin left her room she was shaking. She “pulled herself together” to get dressed and see her boyfriend who was a year older at RMC to tell him what happened, she said.
The woman later said during questioning that her roommate denied hearing anything in the room.
Quebec judge Richard Meredith is trying the case without a jury at Fortin’s request. Asked if Fortin stands by his “not guilty” plea, Schurman said in French, “Absolutely.”
“I chose to trust our system”
The woman said she came forward decades later in 2021 because she was “embarrassed”, “embarrassed” and “naive” as a student. The woman said the military had said whistleblowers should come forward and report allegations and that there was a system they should trust.
“I chose to trust our system,” he said. “After 34 years I wasn’t about to be embarrassed and ashamed of something that wasn’t my fault.”
Schurman also questioned the complainant about discrepancies in statements during police interviews, including initially saying the alleged incident happened in 1989, instead of 1988. The defense questioned the woman’s recollection of the incident, noting that he didn’t remember what he did before he did it. went to bed, whether her roommate was in the room at the time of the alleged incident, or whether the alleged incident occurred before or after midnight.
The whistleblower testified Monday that Fortin did not speak during the alleged incident. Schurman referenced an interview the woman did with an investigator last year in which the woman said she recognized Fortin’s voice during the alleged incident.
Fortin has served in the Canadian Armed Forces for more than 36 years and has argued that his reputation has been “irreparably tarnished” by the government’s handling of his case. Fortin threw a legal battle in the Federal Court in 2021 to claim a job in line with their rank and experience, arguing politicians unduly meddled in his case.
LOOK | Fortin steps aside amid a military investigation:
Canada’s vaccine commander stands aside amid military probe
Major-Gen. Dany Fortin, the military commander who leads the Public Health Agency of Canada’s vaccine logistics, has left his post and is now the subject of a military investigation, according to a statement from the Department of National Defence. CBC’s Murray Brewster provides the latest.
The Federal Court ruled last year that the military grievance process was the appropriate avenue to address Fortin’s claim and said he had not taken full advantage of that mechanism.
Fortin’s lawyers have been doing it ever since appealed this decision and the case will be heard on October 5.
Fortin was temporarily assigned to a position as senior advisor to the commander of the Canadian Joint Operations Command in Ottawa. Fortin’s lawyers have argued that he is sitting at home and is not assigned any work.
The two-day trial is scheduled to return to court Tuesday when Fortin is expected to testify.
Support is available to anyone who has been sexually assaulted. You can access crisis lines and local support services through this Government of Canada website or the Ending Violence Association of Canada database. If you are in immediate danger or fear for your safety or the safety of others around you, call 911.