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
Daniel Francis Burnie, a member of the Ontario College of Teachers.
PANEL: Thomas (Tom) Potter, Chair
Irene Cheung, OCT
Louis Sloan, OCT
BETWEEN: ) Caroline Zayid,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Law Clerk
– and – )
DANIEL FRANCIS BURNIE ) William Markle,
(CERTIFICATE #147205) ) Markle Schmid Munoz LLP,
) for Daniel Francis Burnie )
) Erica Richler,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: October 19, 2015
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 January 18, 2011 (Exhibit 1).
Daniel Francis Burnie (the “Member”) was not in attendance for the hearing but had legal representation.
UNDERTAKING AND ACKNOWLEDGEMENT
Counsel for the College advised the Committee that the parties agreed to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing in exchange for the Undertaking and Acknowledgment of Daniel Francis Burnie (the “Undertaking”), which provides as follows:
The Member will resign as a member of the Ontario College of Teachers with immediate effect.
The Member undertakes that he will never seek reinstatement of his Certificate of Qualification and Registration.
The Member undertakes that he will never teach again in any public or private school in Ontario or work in any position which requires membership with the Ontario College of Teachers.
The Member understands that a breach of this Undertaking may constitute professional misconduct and should the Member obtain a Certificate of Qualification and Registration, the Ontario College of Teachers will be at liberty to re-institute these proceedings.
The Member acknowledges that his status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled” and the notation on the public register will read as follows:
“On October 19, 2015, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again or to seek reinstatement of his Certificate of Qualification and Registration.
- The Member acknowledges that he understands the scope, purpose and effect of his execution of this Undertaking and executes the same voluntarily, unequivocally, and with the advice of legal counsel.
DECISION
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing in exchange for the Undertaking of the Member set out above.
REASONS FOR DECISION
The Committee has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. The Committee finds that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking in these circumstances is reasonable and serves to protect the public interest.
Date: October 19, 2015
Thomas (Tom) Potter
Chair, Discipline Panel
______________________________ Irene Cheung, OCT
Member, Discipline Panel
Louis Sloan, OCT
Member, Discipline Panel