Claire E. Hatcher

The Member pleaded guilty to professional misconduct for inappropriately touching two female students while tutoring them.

The Discipline Committee accepted the agreed statement of facts and found the Member guilty of failing to maintain the standards of the profession, engaging in disgraceful, dishonourable or unprofessional conduct, and conduct unbecoming a member.

The Committee accepted a joint submission on penalty, ordering a reprimand and publication of the decision with the Member's name.

The accused were charged with corruption, fraud, and breach of trust.

The Crown objected to disclosing unredacted documents, claiming informer privilege, and sought an ex parte, in camera hearing.

The trial judge allowed defence counsel to attend the hearing subject to undertakings.

The Crown appealed under s. 37 of the Canada Evidence Act.

The Supreme Court of Canada held that the trial judge's decision was a disclosure order subject to appeal, and that the trial judge erred in permitting defence counsel to attend the hearing, as doing so would inevitably reveal information protected by the informer privilege.