DISCIPLINE COMMITTEE OF THE ONTARIO 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
Shawn Denzil Carr, OCT, a member of the Ontario College of Teachers.
PANEL: Darlene Mead, OCT, Chair Pauline Smart
Jacques Tremblay, OCT
BETWEEN: ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Jennifer Robinson,
) Law Clerk
- and – )
SHAWN DENZIL CARR ) Victoria Réaume,
(CERTIFICATE #464747) ) Cavalluzzo Hayes Shilton
) McIntyre & Cornish,
) for Shawn Denzil Carr
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: April 27, 2011
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 November 4, 2010.
Shawn Denzil Carr was not in attendance.
Based on the facts, College counsel advised there were significant, if not insurmountable challenges in prosecuting this matter. Counsel advised that given the evidence available and the difficulty of proving the case through the key witness, there is no prospect of a finding of professional misconduct should the matter proceed to a hearing. Counsel for the Member concurred.
Independent legal counsel advised the Committee that it had jurisdiction to make the order requested pursuant to Rule 13(16) of the Rules of Procedure of the Discipline Committee.
Having considered the submissions of College Counsel and Counsel for the Member, and upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Shawn Denzil Carr set out in the Notice of Hearing dated November 4, 2010.
The Committee determined that the request for withdrawal is reasonable and appropriate and serves the public interest.
Date: April 28, 2011
______________________________ Darlene Mead, OCT, Chair
Chair, Discipline Panel
Pauline Smart,
Member, Discipline Panel
Jacques Tremblay, OCT
Member, Discipline Panel