The Member, a teacher facing allegations of professional misconduct including sexual abuse of two students, brought two pre-hearing motions before the Discipline Committee.
First, the Member sought to sever the allegations relating to Student 1 from those relating to Student 2, arguing that hearing them together would cause prejudice through propensity reasoning.
Second, the Member objected to the College's intention to hold the hearing electronically, arguing that an electronic hearing for key witnesses violated section 7 of the Charter and breached his right to procedural fairness.
The Discipline Committee dismissed both motions.
Applying the factors from R. v. Last, the Committee found that the public interest in avoiding a multiplicity of proceedings outweighed any potential prejudice, and that the panel's structure mitigated the risk of propensity reasoning.
Regarding the electronic hearing, the Committee held that section 7 of the Charter does not protect the pure economic interest of practicing a profession.
Furthermore, applying the Baker factors, the Committee concluded that electronic hearings do not inherently hinder credibility assessments or violate procedural fairness.