The Member, a teacher facing allegations of professional misconduct including sexual abuse of a student, brought a motion for the production of third-party records.
The Member sought the complainant's mental health records and portions of his Ontario Student Record (OSR), including transcripts, attendance records, and Individualized Education Plans.
The Discipline Committee applied the Mills test to the mental health records and denied production, finding them not likely relevant and that the complainant's privacy interests outweighed any probative value.
Applying the O'Connor test to the school records, the Committee found that transcripts and IEPs were privileged under the Education Act.
However, the Committee ordered the production of the complainant's attendance records and the dates he had an IEP, as these existed outside the OSR, were not privileged, and were likely relevant to establishing the timeframe of the alleged relationship.