DISCIPLINE COMMITTEE OF THE O Citation: Ontario College of Teachers v Cameron, 2005 ONOCT 7
Date: 2005-02-14
NTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF a discipline proceeding against
Peter Lorne Cameron, a member of the Ontario College of Teachers.
PANEL: Ted Coulson, Chair Janet Cornwall
Paul Charron
BETWEEN: ) ) Eric Block,
) McCarthy Tétrault, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Trevor Evans,
) Senior Law Clerk
- and – )
) Peter Lorne Cameron was not
) present, nor was he represented
Peter Lorne Cameron ) )
(CERTIFICATE # 298717) )
) Christopher Wirth,
) Stockwoods, ) Independent Legal Counsel ) ) Heard: February 14, 2005
REASONS FOR DECISION, DECISION AND ORDER(S)
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on February 14, 2005 at the Ontario College of Teachers (“the College”) at Toronto.
The Allegations
The allegations against Peter Lorne Cameron (“the Member”) in the Notice of Hearing are as follows:
IT IS ALLEGED that Peter Lorne Cameron is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) of the Ontario College of Teachers Act (the “Act”), and/or is incompetent as defined in section 30(3) of the Act, in that:
(a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) he abused a student or students physically, sexually, verbally, psychologically or emotionally contrary to Ontario Regulation 437/97, subsection 1(7);
(c) he failed to comply with the Act and the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1)(c) thereof or the Regulations made under those Acts, contrary to Ontario Regulation 437/97, subsections 1(14) and (15);
(d) he contravened a law, the contravention of which is relevant to the Member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1 (16)
(e) he contravened a law, the contravention of which has caused students under the Member’s professional supervision to be put at or to remain at risk contrary to Ontario Regulation 437/97, subsection 1(17);
(f) he committed acts that having regard to all the circumstances would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18);
(g) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19);
(h) he engaged in sexual abuse of a student or students of a nature defined in Sections 1 and 40(1.1) of the Act; and
(i) he displayed a lack of knowledge, skill or judgment and/or a disregard for the welfare of students of a nature or extent that demonstrates that the Member is either unfit to carry out his professional responsibilities or that the Member’s Certificate should be made subject to terms, conditions or limitations.
PARTICULARS OF THESE ALLEGATIONS ARE AS FOLLOWS:
Peter Lorne Cameron, (the “Member”) is a member of the Ontario College of Teachers.
At all material times the Member was employed as a teacher at Our Lady of Victory School (the “School”) in Buckingham, Québec.
At all material times [XXX] and [XXX] were male students of the Member at the School. Between the approximate dates of 1 September 1975 and 24 June 1977, the said students were between 12 and 13 years of age.
On or about 13 June 2002, the Member was charged by the Súreté du Quebec with thirteen counts involving indecent assault of the students named in paragraph 3 above. The charges against the Member were set out in the information provided by the Court as follows:
(1) Between the approximate dates of 1 November 1976 and 31 March 1977, in Mayo, District of Hull, Québec, the Member assaulted [XXX] with intent to commit buggery contrary to Section 156 of the Criminal Code of Canada.
(2) Between the approximate dates of 1 November 1976 and 31 March 1977, in Mayo, District of Hull, Québec, the Member indecently assaulted [XXX] contrary to Section 156 of the Criminal Code of Canada.
(3) Between the approximate dates of 1 September 1976 and 24 June 1977, in Buckingham, District of Hull, Québec, the Member committed an act of gross indecency with [XXX], contrary to Section 157 of the Criminal Code of Canada.
(4) Between the approximate dates of 1 September 1975 and 24 June 1976, in Buckingham, District of Hull, Québec, the Member committed an act of gross indecency with [XXX], contrary to Section 157 of the Criminal Code of Canada.
(5) Between the approximate dates of 1 September 1975 and 24 June 1976, in Buckingham, District of Hull, Québec, the Member committed an act of gross indecency with [XXX], contrary to Section 157 of the Criminal Code of Canada.
(6) Between the approximate dates of 1 September 1975 and 24 June 1976, in Buckingham, District of Hull, Québec, the Member committed indecent assault on [XXX], contrary to Section 156 of the Criminal Code of Canada.
(7) Between the approximate dates of 1 September 1976 and 24 June 1977, in Buckingham, District of Hull, Québec, the Member committed an act of gross indecency with [XXX], contrary to Section 157 of the Criminal Code of Canada.
(8) Between the approximate dates of 1 September 1976 and 24 June 1977 in Mayo, District of Hull, Québec, the Member committed an act of gross indecency with [XXX], contrary to Section 157 of the Criminal Code of Canada.
(9) Between the approximate dates of 1 September 1976 and 24 June 1977 in Buckingham, District of Hull, Québec, the Member committed an act of gross indecency with [XXX], contrary to Section 157 of the Criminal Code of Canada.
(10) Between the approximate dates of 1 September 1976 and 24 June 1977 in Buckingham, District of Hull, Québec, the Member committed an act of gross indecency with [XXX], contrary to Section 157 of the Criminal Code of Canada.
(11) Between the approximate dates of 1 September 1975 and 24 June 1976 in Buckingham, District of Hull, Québec, the Member committed an act of gross indecency with [XXX], contrary to Section 157 of the Criminal Code of Canada.
(12) Between the approximate dates of 1 September 1975 and 24 June 1977 in Buckingham, District of Hull, Québec, the Member committed an act of gross indecency with [XXX], contrary to Section 157 of the Criminal Code of Canada.
(13) Between the approximate dates of 1 September 1975 and 24 June 1976, at Niagara Falls, Ontario, the Member indecently assaulted [XXX], contrary to Section 156 of the Criminal Code of Canada.
All of the assaults and acts of indecency referred to in paragraphs 4 (1) to (13) above occurred either at the School or while the Member was accompanying students on school trips.
On or about 24 September 2003, in Hull, Quebec, the Member pleaded guilty to eight counts of sexual assault, as set out below:
Between September 1, 1976 and June 24, 1977 in Buckingham and Mayo, district of Hull, did, being a male person, indecently assault [XXX] a male person, committing thereby the indictable offence provided by section 156 of the Criminal Code, S.R.C. 1970, C-34.
Between September 1, 1975 and June 24, 1976 in Buckingham, district of Hull, did commit an act of gross indecency with [XXX], committing thereby the indictable offence provided by section 157 of the Criminal Code, S.R.C. 1970, C-34.
Between September 1, 1975 and June 24, 1976 in Buckingham, district of Hull, did, being a male person indecently assault [XXX] a male person, committing thereby the indictable offence provided by section 156 of the Criminal Code, S.R.C. 1970, C-34.
Between September 1, 1976 and June 24, 1977 in Buckingham and Mayo, district of Hull, did commit an act of gross indecency with [XXX], committing thereby the indictable offence provided by section 157 of the Criminal Code, S.R.C 1970, C-34.
Between September 1, 1976 and June 24, 1977 in Buckingham, district of Hull, did commit an act of gross indecency with [XXX], committing thereby the indictable offence provided by section 157 of the Criminal Code, S.R.C. 1970, C-34.
Between September 1, 1976 and June 24, 1977 in Buckingham, district of Hull, did commit an act of gross indecency with [XXX], committing thereby the indictable offence provided by section 157 of the Criminal Code, S.R.C. 1970, C-34.
Between September 1, 1975 and June 24, 1976 in Buckingham, district of Hull, did commit an act of gross indecency with [XXX], committing thereby the indictable offence provided by section 157 of the Criminal Code, S.R.C 1970, C-34.
Between September 1, 1975 and June 24, 1977 in Buckingham, district of Hull and Niagara Falls, district of Ontario, did, being a male person, indecently assault [XXX] a male person, committing thereby the indictable offence provided by section 156 of the Criminal Code, S.R.C. 1970, C-34.
A sentence has not yet been imposed by the court.
The Member engaged in sexual touching and assault of the said students as described in paragraphs 4 and 6 above.
A Notice of Hearing (Exhibit 1), dated April 2, 2004 was served on Peter Lorne Cameron, requesting attendance before the Discipline Committee of the Ontario College of Teachers on May 3, 2004 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for February 14, 2005.
The Member did not appear, nor was he represented. The Committee was satisfied that all reasonable efforts were made to notify the Member and his counsel of the hearing date. The Member, through his Counsel, forwarded to the College, a facsimile transmission. This document states that the Member voluntarily withdraws his membership and consents to revocation of his licence. (Affidavit of Audley Trevor Evans, Exhibit 3, Tab F)
Publication Ban
On February 14, 2005 the Discipline Committee made an order that there be no publication of any information that may disclose the identity of the victims involved in this matter.
Member’s Plea
As the Member was not present, nor represented by counsel, the Committee proceeded on the basis that the Member denied the allegations set out in the Notice of Hearing. The Chair, on behalf of the Member, entered a plea of not guilty to the allegations.
The Evidence
Counsel for the College entered into evidence the following additional documents:
Registered Member Information (Exhibit 2)
Peter Lorne Cameron is a member of the Ontario College of Teachers as shown on the Registered Member Information.
Brief of Court Documents – Regina v. Peter L. Cameron (Exhibit 4)
A Brief of Court Documents (“Brief”) with respect to the criminal proceedings against the Member was submitted into evidence. This Brief consisted of:
A. Certified copy of Indictment dated September 12, 2003,with copy of Information (in French) – court record 550-01-005888-021-001 (8 counts),
B. Certified copy of Indictment dated September 12, 2003,with copy of Information (in French) – court record 550-01-007014-022-001 (1 count),
C. Certified copy of Conditional Sentence Order, dated November 2, 2004, re both indictments,
D. Certified copy of Probation Order, dated November 2, 2004,
E. Transcript of proceedings before Mr. Justice Gosselin on September 24, 2003 (in English and French) with English translation of French portions,
F. Transcript of sentencing proceedings before Mr. Justice Gosselin held on November 2, 2004 (English translation of entire transcript which was mostly in French).
In summary, this Brief confirms the following:
On or about 13 June 2002, the Member was charged by the Súreté du Quebec with thirteen counts involving indecent assault of eight of his male students. The assaults occurred between September 1, 1975 through June 24, 1977. Between the approximate dates of September 1, 1975 June 24, 1977, the said students were between 12 and 13 years of age.
The assaults and acts of indecency occurred at the school where the Member taught, on school trips or at private residences.
On September 24, 2003, in Hull, Quebec, the Member pleaded guilty to eight counts of sexual assault, as set out below:
Between September 1, 1976 and June 24, 1977 in Buckingham and Mayo, district of Hull, did, being a male person, indecently assault [XXX] a male person, committing thereby the indictable offence provided by section 156 of the Criminal Code, S.R.C. 1970, C-34.
Between September 1, 1975 and June 24, 1976 in Buckingham, district of Hull, did commit an act of gross indecency with [XXX], committing thereby the indictable offence provided by section 157 of the Criminal Code, S.R.C. 1970, C-34.
Between September 1, 1975 and June 24, 1976 in Buckingham, district of Hull, did, being a male person indecently assault [XXX] a male person, committing thereby the indictable offence provided by section 156 of the Criminal Code, S.R.C. 1970, C-34.
Between September 1, 1976 and June 24, 1977 in Buckingham and Mayo, district of Hull, did commit an act of gross indecency with [XXX], committing thereby the indictable offence provided by section 157 of the Criminal Code, S.R.C 1970, C-34.
Between September 1, 1976 and June 24, 1977 in Buckingham, district of Hull, did commit an act of gross indecency with [XXX], committing thereby the indictable offence provided by section 157 of the Criminal Code, S.R.C. 1970, C-34.
Between September 1, 1976 and June 24, 1977 in Buckingham, district of Hull, did commit an act of gross indecency with [XXX], committing thereby the indictable offence provided by section 157 of the Criminal Code, S.R.C. 1970, C-34.
Between September 1, 1975 and June 24, 1976 in Buckingham, district of Hull, did commit an act of gross indecency with [XXX], committing thereby the indictable offence provided by section 157 of the Criminal Code, S.R.C 1970, C-34.
Between September 1, 1975 and June 24, 1977 in Buckingham, district of Hull and Niagara Falls, district of Ontario, did, being a male person, indecently assault [XXX] a male person, committing thereby the indictable offence provided by section 156 of the Criminal Code, S.R.C. 1970, C-34.
On November 2, 2004, the Member was sentenced to a term of imprisonment of two (2) years less a day with the terms and conditions stipulated by the court. The Member was also ordered to deposit the sum of $3,000 with the office of the Court of Quebec, Criminal and Penal Chamber so that the victims could obtain therapeutic or psychological services.
The Member was represented by counsel in the criminal proceedings.
Decision
(i) Onus and Standard of Proof
The College bears the onus of proving the allegations in accordance with the standard of proof which the Committee is familiar as set out in Re Bernstein and College of Physicians and Surgeons of Ontario (1977) 15 O.R. (2d) 477. The standard of proof applied by the Committee, in accordance with the Bernstein decision, was a balance of probabilities with the qualification that the proof must be clear and convincing and based upon cogent evidence accepted by the Committee. The Committee also recognized that the more serious the allegation to be proved, the more cogent must be the evidence. The Committee viewed the allegations in this case to be very serious.
(ii) Decision
Having considered the evidence and onus and standard of proof, and the submissions made by Counsel for the College, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Peter Lorne Cameron committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7), 1(14), 1(15), 1(16), 1(17), 1(18) and 1(19). The Committee further finds that the Member engaged in sexual abuse of a student or students of a nature defined in sections 1 and 40(1.1) of the Act; and he displayed a lack of knowledge, skill or judgment and/or a disregard for the welfare of students, of a nature or extent that demonstrates that the Member is unfit to carry out his professional duties.
Reasons for Decision
It is uncontested that the Member pleaded guilty to and was convicted of eight counts of sexual assault involving eight of his male students who were between the ages of 12 and 13 at the time.
Having no evidence to the contrary, the Committee accepts the proof of prior conviction as detailed in the Brief (Exhibit 4) and finds that the Member did commit acts of sexual assault on eight boys and that his actions constitute professional misconduct.
The Committee finds that by sexually assaulting his students, the Member committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7), 1(14), 1(15), 1(16), 1(17), 1(18) and 1(19). The Committee further finds that the Member engaged in sexual abuse of a student or students of a nature defined in sections 1 and 40(1.1) of the Act; and he displayed a lack of knowledge, skill or judgment and/or a disregard for the welfare of students, of a nature or extent that demonstrates that the Member is unfit to carry out his professional duties.
Penalty
Counsel for the College submitted that the appropriate penalty be as follows:
revocation of the Member’s certificate of qualification and registration; and
publication of the findings of the Discipline Committee, with the name of the Member in Professionally Speaking/Pour parler profession.
Penalty Decision
The Committee makes the following order as to penalty:
The Registrar of the Ontario College of Teachers is directed to revoke the Member’s certificate of qualification and registration, which the Member is to immediately surrender to the Registrar.
Pursuant to Section 30 (5) (3) of the Ontario College of Teachers Act, the findings and order of the Committee shall be published in summary, including the Member’s name, in the official publication of the College, Professionally Speaking/Pour parler profession.
Reasons for Penalty Decision
The member engaged in sexual touching and sexual assault of his students which the Committee finds to be egregious in nature and reprehensible.
The Member was a person with the power to influence the conduct and actions of his students. He exercised that power for his own sexual gratification and against the interests of his students. This kind of behaviour is completely unprofessional and unbecoming of a member and lowers the image and trust of the profession in the eyes of the public.
The penalty must meet the objective of general deterrence to the members of the profession and the objective of specific deterrence to the Member. Accordingly, the Committee is satisfied that revocation of the Member’s certificate of qualification and registration and publication in Professionally Speaking/Pour parler profession is the appropriate penalty.
The Committee is satisfied that this decision serves and protects the public interest.
Date: February 14, 2005
________________________________ Ted Coulson
Chair, Discipline Panel ________________________________
Janet Cornwall
Member, Discipline Panel
Paul Charron
Member, Discipline Panel