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 Motion of the Applicant, Wanda Denise Maracle, OCT, a member of the Ontario College of Teachers.
PANEL: John Tucker, Chair
Wes Vickers, OCT
Hanno Weinberger, OCT
BETWEEN: ) Caroline Zayid,
) McCarthy Tétrault LLP,
) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Litigation Paraprofessional
-and- )
) Wanda Denise Maracle &
WANDA DENISE MARACLE ) Velda Maracle, via teleconference
(CERTIFICATE # 248466) )
) Marc Spector,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: June 13, 2013
DECISION ON MOTIONS FOR ADJOURNMENT AND FOR AN ELECTRONIC HEARING
The Motions
By Notice of Motion dated May 13, 2013 and returnable on June 13, 2013, Wanda Denise Maracle (the "Applicant") brought two motions seeking the following orders:
(1) that a new hearing date be set between July 19 and July 28, 2013 and
(2) that the hearing be an Electronic Hearing (phone number provided).
Grounds for Motions
There were no grounds set out in the Notice of Motion. The Member writes that the Member did not sign an Agreed Statement of Facts and did not sign a Guilty Plea document or a Joint Submission on Penalty document. The Member indicated in her Notice of Motion that the documentary evidence to be used at the hearing motion would be "Principals of First Nations Schools Conference July 8th to July 19th, 2013".
Submissions of the Member
The Member and her representative, Velda Maracle, participated by teleconference. The Member was seeking new hearing dates to allow her to attend a mandatory "Principals of First Nations Schools Conference" on July 8th to July 19th, 2013 in Brantford, Ontario.
The Member requested that she be able to participate in the hearing via teleconference because it avoided travelling from Northern Ontario. When the Committee inquired as to the location of the First Nations Schools Conference, the Member indicated that the conference was in Brantford, Ontario and that she could remain in southern Ontario until July 31, 2013.
Submissions of Counsel for the College
College Counsel agreed to reschedule the hearing to a later date in July 2013 to accommodate the Member.
College Counsel indicated a preference for all witnesses to be present at the hearing. She indicated the allegations concerned the Member's interactions and inappropriate comments with students. She submitted that in a contested hearing, witness credibility will be a key issue.
Decision on Motions
The Committee, with the consent of College Counsel grants the motion to reschedule the hearing to a later date in July, 2013. The Committee orders that the parties communicate and agree on the hearing dates in July, 2013 by June 28, 2013.
The Committee does not grant the motion to hold an electronic hearing (via teleconference).
Reasons for Decision
College Counsel consented to reschedule the hearing date to accommodate the Member's conference participation.
Witness credibility is gauged by the Committee's ability to observe witness testimony, demeanor and deportment. The flow of documentation and the cross-examination of witnesses would be greatly impeded in a teleconference. Exhibits and other documentation need to be equally available to all parties.
The Committee recognizes that the Member will be in close proximity to Toronto during the month of July. As the matter is a contested hearing, with witnesses to be called by both parties, a hearing by teleconference is inappropriate and the Committee denies this motion.
Date: June 13, 2013
John Tucker
Chair, Discipline Panel
______________________________ Wes Vickers, OCT
Member, Discipline Panel
______________________________ Hanno Weinberger, OCT
Member, Discipline Panel