Thomas Forbes

The Discipline Committee heard a joint submission to discontinue professional misconduct proceedings against the member.

The member agreed to resign, have his Certificate of Qualification and Registration cancelled, and consent to the publication of the discontinuance terms, including that his appeal of his convictions had been dismissed by the Ontario Court of Appeal.

The Committee agreed to discontinue the proceedings on these conditions.

The respondents and interveners brought motions to dismiss the sex discrimination complaints of two female public elementary school teachers.

The complainants alleged that the Ontario Teachers' Federation by-law requiring them to be statutory members of the Federation of Women Teachers' Associations of Ontario, and denying them statutory membership in the Ontario Public School Teachers' Federation solely because of their sex, violated their right to equal treatment under the Human Rights Code.

The Board of Inquiry denied the motions to dismiss, finding that the complainants had established a prima facie case of discrimination.

Although the complainants suffered no economic detriment, the mandatory assignment to a gender-segregated organization against their wishes constituted an injury to their dignitary interests, which is sufficient to establish discrimination under the Code.

This is a second interim decision regarding procedures of the Board of Inquiry hearing the complaints of Margaret Tomen and Linda Logan-Smith alleging that a by-law of the Ontario Teachers' Federation discriminates against them because of their sex.

The Board of Inquiry decides on the order of appearance of the parties and interveners, the onus of proof on the complainants and respondents, procedures regarding expert evidence, and hearing dates.

The Board ruled that the Commission is not required to anticipate and rebut a section 13 special program defence as part of its prima facie case.