Dr. Anthony N. Doob

The Member, a teacher whose certificate was mandatorily revoked after being found to have sexually abused a student by making remarks of a sexual nature, brought a motion challenging the constitutionality of the mandatory revocation provisions of the Ontario College of Teachers Act.

The Member argued the provisions violated his right to freedom of expression under section 2(b) of the Charter.

The Discipline Committee admitted expert evidence from both parties.

Applying the Irwin Toy and Oakes tests, the Committee found that while the mandatory revocation provisions do infringe on the Member's freedom of expression, the infringement is demonstrably justified under section 1 of the Charter.

The Committee held that protecting vulnerable students from the harmful effects of sexual abuse is a pressing and substantial objective, and that a bright-line rule of mandatory revocation is rationally connected and proportionate to that goal.

The constitutional motion was dismissed.