Quebec prosecutor's office to decide on possible charges against Maj.-Gen. Dany Fortin

A branch of the military police investigatingan allegation of sexual misconduct involving Maj.-Gen. Dany Fortinhas now referredthe matter to a Crown official to decide whether criminal charges should be laid.

The Department of National Defence (DND) issued a terse three-line statement late FridaysayingFortin was leaving his post leadingCanada's vaccine logistics at the Public Health Agency of Canada and his future would be decided by the acting chief of the defence staff.

In a statement today, the Canadian Forces Provost Marshalsaid theCanadian Forces National Investigation Service (CFNIS) has sentthe fileto theQuebec'sdirector of criminal and penal prosecutions, "who is the charge laying authority for criminal and penal prosecutions in the province."

A senior government official speaking on background said the referral to the prosecutor's officeis what prompted Fortin's sudden departure from his role on Friday.

CBC News has confirmed the investigation involves an allegation of sexual misconduct that predates 2015 and the military's now-defunct Operation Honour campaign, which was intended to stamp out inappropriate behaviour in the military.

Three separate confidential sources, who were not authorized to speak publicly because of the sensitivity of the file, described it as an older claim but declined to be more specific. The Globe and Mail was the first to report the allegation against Fortin was sexual in nature.

Police may be seeking 'legal advice' from prosecutor

Rory Fowler, aretired military legal officer now in private practice, said that military police investigators may be trying to determine if they havesufficient evidenceto support a charge. He also said there could be a jurisdictional issue,depending on how far back the allegation dates.

"Military police are accustomed to getting legal advice fromthe prosecutor before laying a charge," said Fowler. "Seekingpre-charge legal advicedoesn't mean charges would be laid."

Michel Drapeau, a retired colonel who practises military law, said thatif the alleged incident happened before 1998 and the military considers it a sexual assault allegation, military authoritieswould not have jurisdiction.

Prior to 1998, thecivilian justice system handled sexual assault cases involving military members.

Fortin's lawyer, Cdr. Marc Ltourneau, has said his client knew about the investigation some time before Fridaybut only learnedthe specifics of the allegationon the weekend. He said Fortinwill fight the allegation.

"It is a news reporter who informed Major-General Fortin of the allegation against him Sunday, May 16," Letourneau said in a written statement.

"This took him completely by surprise. He vigorously and categorically denies this allegation."

Prime Minister Justin Trudeau acknowledged on Tuesday thathe learnedabout the investigationseveral weeks ago.Defence Minister Harjit Sajjan found out aroundthe same time as the prime minister, his office said.

A senior government official, speaking on background, told CBC News the acting top military commander, Lt.-Gen. Wayne Eyre, was first briefed on the investigation into Fortin in mid-Marchbut wasnot told specifics.

After weighing the risks, Eyre made a command decision to keep Fortin in his role, said the confidential source, who was not authorized to speak publicly because of the sensitivity of the file.

Senior officials in the Prime Minister's Office were toldof theinvestigation andthat Fortin was staying in his role for the time being, said the source.

CBC News asked Sajjan's office today whether he knew in March if theallegation was sexual in nature. Sajjan's office didn't answer that question.

"This inquiry deals with the potential substance of an allegation and, as an independent investigation process is underway, it would be inappropriate to comment further at this time," said Sajjan's press secretaryDaniel Minden in a statement to CBC News.