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The nation’s army police watchdog will proceed its investigation into how the case of a common accused of sexual assault was dealt with regardless of the retired officer’s choice to withdraw his criticism.
Maj.-Gen. Dany Fortin filed a criticism earlier this yr with the Army Police Complaints Fee (MPCC), alleging he was the sufferer of “a biased and partial police investigation”, and that he had been charged on the idea of inadequate proof.
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That prompted MPCC chairperson Tammy Tremblay to launch an investigation into Fortin’s criticism due to the seriousness of the alleged conduct, the systemic points raised within the common’s criticism and the involvement of senior officers or army officers.
However final month Fortin settled a lawsuit concerning his therapy by federal authorities and Canadian army officers, and in consequence he withdrew his criticism.
However Tremblay mentioned Monday she remains to be continuing together with her investigation because the issues that prompted her unique choice nonetheless exist. “These issues are nonetheless current and haven’t been diminished, nor have the allegations on the coronary heart of this criticism lodged with the MPCC been resolved or rendered moot by the termination of the civil proceedings initiated by (Fortin),” Tremblay wrote in a press release.
After a army police investigation in 2021, Fortin was charged with one rely of sexual assault. However he was acquitted Dec. 5, 2022, by Quebec choose Richard Meredith, who dominated that he was not satisfied past an affordable doubt that Fortin was the assailant who sexually assaulted a member of the army in 1988.
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Fortin, who obtained an undisclosed settlement on account of his lawsuit, retired from the Canadian Forces in the summertime.
The MPCC is a civilian, quasi-judicial oversight company that evaluations and investigates complaints regarding army police conduct in addition to allegations of interference in army police investigations. It studies its findings and makes suggestions on to the army police and defence management.
Fortin filed his criticism with the MPCC on Jan. 17. Eight days later, the watchdog requested the Workplace of Skilled Requirements of the Canadian Forces Provost Marshal present it with a replica of the investigation into the sexual assault allegation towards the main common. That investigation was accomplished by the Canadian Forces Nationwide Investigation Service, or CFNIS.
However as a substitute, on March 31, the MPCC was solely supplied with a abstract of the police investigation. “The MPCC has not obtained disclosure of the entire investigation file in query on the time of penning this choice letter, regardless of its follow-up efforts,” Tremblay famous in her choice.
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Tremblay mentioned Monday that the MPCC had obtained an Oct. 13 letter from Fortin’s lawyer that famous, given the circumstances of the settlement, the retired common was withdrawing his criticism. However Tremblay additionally identified the letter from Fortin’s lawyer said that, ought to the MPCC chairperson “resolve that the general public curiosity investigation should proceed regardless of the Complainant’s withdrawal of the criticism, the Complainant will totally take part within the course of.”
In its earlier assertion, the workplace of the Canadian Forces Provost Marshal famous it “is dedicated to working with the MPCC and remaining accountable to the Canadian Public and the Canadian Armed Forces.” The workplace declined additional remark.
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David Pugliese is an award-winning journalist masking Canadian Forces and army points in Canada. To help his work, subscribe: ottawacitizen.com/subscribe
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