Dr. Anthony Doob

The appellant, a teacher, was found to have committed professional misconduct and sexual abuse by sending inappropriate Facebook messages to a former student.

Under the Ontario College of Teachers Act, 1996, this finding resulted in the mandatory revocation of his teaching certificate.

The appellant appealed, arguing that the mandatory revocation provisions unjustifiably infringed his freedom of expression under s. 2(b) of the Charter, and that the Discipline Panel erred in its evidentiary rulings and by failing to conduct a Doré analysis.

The Divisional Court dismissed the appeal, upholding the Panel's finding that the infringement of the appellant's freedom of expression was justified under s. 1 of the Charter to protect vulnerable students from sexual abuse.

In a discipline proceeding against a teacher found to have engaged in sexual abuse, the member brought a constitutional motion challenging the mandatory revocation provisions of the Ontario College of Teachers Act.

Prior to hearing the motion, the parties sought a ruling on the admissibility of two expert reports.

The Discipline Committee ruled that the expert reports of Dr. Anthony Doob, regarding general deterrence and mandatory minimum sentences, and Dr. Mary Louise Arnold, regarding the harms of sexual abuse in teacher-student interactions, were both admissible.

Written reasons were to follow.