DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, S.O. 1996,
c. 12 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF discipline proceedings against
Claude Arcand, a member of the Ontario College of Teachers.
PANEL: Don Cattani (Chair)
Gabrielle Blais
Rosemary Fontaine
BETWEEN: )
) Carole Jenkins,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Trevor Evans,
) Senior Law Clerk
- and - )
) Claude Arcand
CLAUDE ARCAND ) was not present or
(CERTIFICATE #250490) ) represented by counsel
) Christopher Wirth,
) Stockwoods LLP,
) Independent Legal Counsel
) Heard: May 9, 2006
REASONS FOR DECISION AND DECISION ON MOTION
Counsel for the College brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing dated July 21, 2004 and as amended February 17, 2005.
Independent legal counsel advised the Committee that the Committee had jurisdiction to make the order requested, pursuant to section 4.1 of the Statutory Powers Procedure Act, which provides that if the parties consent, a proceeding may be disposed of by a decision of the Committee without a hearing.
The Committee considered the submissions of College counsel. Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Claude Arcand set out in the Notice of Hearing, dated July 21, 2004 and as amended February 17, 2005.
The Committee concludes that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves and protects the public interest.
Date: May 9, 2006
Don Cattani
Chair, Discipline Panel ________________________________
Gabrielle Blais
Member, Discipline Panel
Rosemary Fontaine
Member, Discipline Panel