'Afraid' and 'horrified': Complainant testifies in Maj.-Gen. Dany Fortin's sexual assault trial - Action News
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'Afraid' and 'horrified': Complainant testifies in Maj.-Gen. Dany Fortin's sexual assault trial

A complainant at the centre of a high-profile criminal case,testified in a Gatineau, Que. court Monday that she was"horrified" more thanthree decades ago to wake up to Maj.-Gen. Dany Fortin sexually assaulting her. Fortin denies the allegations.

The military commander has pleaded not guilty

A man in a Canadian Army officer's uniform stands looking at the camera.
Maj.-Gen. Dany Fortin maintains he's not guilty on the first day of his criminal trial in Gatineau, Que. (Justin Tang/The Canadian Press)

WARNING: This article contains graphic content and may affect those who have experienced sexual violence or know someone affected by it.

A complainant at the centre of a high-profile criminal casetestified in a Gatineau, Que. court Monday that she was"horrified" more thanthree decades ago to wake up to Maj.-Gen. Dany Fortin sexually assaulting her.

The military commander pleaded not guilty to the alleged incident saidto havetaken place sometime between Jan.1 and April 30, 1988 when they were both students at Royal Military College Saint-Jean in Quebec. Today isthe first time the details of the allegations have been made public.

Fortinwas well-known during the pandemic forhis role as the head of Canada's vaccine rollout. He was removed from the job in 2021amid a military police investigation that later led to the sexual assault charge.

He's one of a series ofcurrent and former senior Canadian military leadersduring the military's sexual misconduct crisiswho have been investigated, criminally charged or forced into retirement since 2021 from some of the mostprestigious posts in the defence establishment.

The complainant said she woke up sometime after midnight to Fortin leaningover her bed in the barracks andholding her hand "around his penis" and using it to masturbate.

"I'm taken aback," said the woman about how she felt in the moment of that alleged sexual assault."I'm afraid. I'm scared."

"I freeze for a second.I don't move except for the motion of what he's doing and I just hold my breath and I slightly open one eye."

A court sketch of a man in a military uniform, sitting in a chair.
Maj.-Gen. Dany Fortin is seen in a court sketch from day one of his sexual assault trial in Gatineau, Que., on Sept. 19, 2022. (Lauren Foster-MacLeod/CBC)
The woman said she recognized Fortin immediately because he was her acquaintance. He waswearing casual clothing and had his pants down, she said.

The woman testified that shetried to pull her hand away to signal she was awake.She hoped Fortinwould "panic and leave," she said.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. "He keeps doing what he's doing."

The complainant said Fortin's other hand was groping her chest "hard."

"At that point is where I'm pushing him and saying 'get off me, get away' ... I'm at such shock withwhat's going on, my focus was getting him away from me."

WATCH | Military commander charged with sexual assaultsays he's livinga 'nightmare':

Dany Fortin charged with sexual assault, says he's living through a 'nightmare'

3 years ago
Duration 3:33
Maj.-Gen. Dany Fortin speaks to media outside a police station in Gatineau, Que., regarding a sexual assault charge he faces. He has denied any wrongdoing.

'Demeaning me'

The court has imposed a publication ban on reporting any details that might identify the complainant.

Thecomplainant testified that while trying to get Fortin to leave her room, shewhispered her roommate's name repeatedly. In thatsame tone, the woman said shetold Fortin to "stop, to get off me, leave." But said she didn't yell over concerns someone else would walk in, the woman testified.

"I'm horrified," she said. "I don't want anyone running in and finding me in that position. Somebody doing that to me, demeaning me."

The woman said she was aware of the college's reputation at that time and said there were ramifications for other women who reported sexual misconduct allegations.

The woman said she didn't know how long Fortin was in her room, but that he left within about five minutes or so of her waking up.

Crown prosecutor Diane Legaultasked the woman how sure she is thatit was Fortin who allegedly sexually assaulted her 34 years ago.

"100 per cent without a doubt," said the woman.

Maj.-Gen. Dany Fortin regularly sat alongside Chief Public Health Officer 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, attend trial

Fortin attended the court proceeding in his military uniform, wearing his medals. He sat beside his lawyers behind plexiglass, only a few feet 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 complainantsaid at that time at Royal Military College Saint-Jean(RMC) there were about 500 male students at the time and about 50 women. She said the females in her year had to sleep with their door unlocked.

The woman testified that afterFortin left her roomshewas 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 cross examination that her roommatedenied hearing anything in the room.

Quebec Judge Richard Meredithis trying the case without a jury at Fortin's request.When asked if Fortin maintains his plea of "not guilty," Fortin's lawyer Isabel Schurmanresponded in French: "Absolutely."

'I chose to trust in our system'

The woman said she came forward with the allegation decades later in 2021because she was "ashamed,""embarrassed,"and "naive" when she was a student. The woman said the military had been saying complainants should come forward and report allegations and that a system was in place they should trust.

"I chose to trust in our system," she said."After 34 years Iwas not about to be ashamed and embarrassed for something that was not my fault."

Schurmanquestioned the complainant about discrepancies in statements duringpolice interviews including initially saying the alleged incident happened in 1989, rather than 1988.

The defencecross-examined the woman's recollection of the incident,pointing out that shedidn't remember what she did before she went to bed, know if her roommate was in the room at the time of the alleged incident, or know if the alleged incident took place before or after midnight.

The complainant testified Monday that Fortin didn't speak during the alleged incident. Schurman referenced an interview the woman did with an investigator last year where the woman said she recognized Fortin's voice during the alleged incident.

Fortinhas served in the Canadian Armed Forces for more than 36 years and hasargued his reputation has been "irreparably tarnished" by the government's handling of his case.Fortinlaunched a legal battle in Federal Court in 2021 to demand a job in keeping with his rank and experience, arguing politicians improperly meddled in his case.

WATCH | Fortinsteps aside amid military investigation:

Canada's vaccine commander steps aside amid military investigation

3 years ago
Duration 3:33
Maj.-Gen. Dany Fortin, the military commander leading vaccine logistics at the Public Health Agency of Canada, has left his post and is now the subject of a military investigation, according to a statement from the Department of National Defence. The CBC's Murray Brewster gives the latest.

The Federal Court ruledlast year that the military grievance process wasthe appropriate avenue to address Fortin'sclaim and said that he had not fully taken advantage of that mechanism.

Fortin's lawyershavesince appealed that decisionand the case is set to be heard onOct. 5.

Fortin was assigned temporarily to a position as senior adviser to thecommander of Canadian Joint Operations Commandin Ottawa. Fortin's lawyers haveargued he's sitting at home and is not being assigned any work.

The two-day trial is scheduled to return in court TuesdaywhenFortinis expected to testify.

Support is available for 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're in immediate danger or fear for your safety or that of others around you, please call 911.