DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, and Ontario Regulation 437/97 thereunder;
AND IN THE MATTER OF a discipline proceeding against Joël Anglade, OCT, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair
Brigitte Bidal Piquette, OCT
Stéphane Vallée, OCT
BETWEEN: ) Christine Lonsdale,
) McCarthy Tétrault LLP,
ONTATIO COLLEGE OF ) for the Ontario College of Teachers
TEACHERS ) assisted by Annie Lacroix, Law Clerk
– and – )
JOËL ANGLADE ) Jean-Michel Corbeil,
(CERTIFICATE #529298) ) Goldblatt Partners LLP,
) for Joël Anglade
) Renée Kopp,
) Jones Litigation Counsel LLP, ) Independent Legal Counsel
) ) Heard: December 14, 2016
DECISION ON MOTION
Counsel for the College brought a motion to seek leave from the Discipline Committee Panel (the “Committee”) of the Ontario College of Teachers to withdraw the allegations set out in the Notice of Hearing dated August 11, 2014.
Joël Anglade (the Member ) was not in attendance but was represented by his Counsel at this hearing.
UNDERTAKING AND ACKNOWLEDGEMENT
Counsel for the College advised the Committee that the parties agreed to withdraw the allegations of professional misconduct and incompetence against the Member set out in the Notice of Hearing in exchange for the Member’s promise to comply with the following Undertaking and Acknowledgement (see Exhibit 2):
- I hereby undertake and agree that the College Registrar may impose the following conditions and restrictions on my Certificate of Qualification and Registration, and I acknowledge that these will be recorded on the Public Register of the College until I have complied therewith:
(a) “In consideration of the withdrawal of the Notice of Hearing, the Member shall, at his own expense and within a period of one year from the date of this withdrawal, take and successfully complete an Additional Qualification or an Additional Basic Qualification course covering classroom management and pre-approved by the Registrar.
(b) Within 30 days following completion of the aforementioned course, the Member undertakes to provide the Registrar with written proof from the course provider of his successful completion of the course.
(c) Within 30 days of the withdrawal of the Notice of Hearing, the Member shall advise the Registrar of his employers’ name and the nature of his employment.”
I understand that a breach of this Undertaking and Acknowledgement may constitute professional misconduct. If I fail to comply with any of the terms of this Undertaking and Recognition, the College will be free to begin proceedings with respect to a breach thereof or to reinitiate these proceedings.
I acknowledge that the following notice will appear in the Public Register:
“On December 14, 2016, the Member entered into an Undertaking and Acknowledgement placing conditions or restrictions on his Certificate of Qualification and Registration. All disciplinary decisions are available on the College web site.”
I recognize that other changes may be made to the Public Register, including changes to the sections concerning my membership status, the restrictions or conditions and the history of my status on my College membership record.
I acknowledge that I understand the scope, intention and effect of executing this Undertaking and Acknowledgement, and I am signing this document voluntarily and unequivocally and with the benefit of legal counsel.
DECISION
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Joël Anglade set out in the Notice of Hearing dated August 11, 2014, in exchange for the Member’s promise to comply with the Undertaking and Acknowledgement dated December 8, 2016.
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. It finds that withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgement in these circumstances is reasonable and serves to protect the public interest. The cases cited by the College, namely, Ontario College of Teachers v. Bruni, 2016 ONOCT 7 and Ontario College of Teachers v. Shah, 2015 ONOCT 71, show that the sanction that could have been ordered, had this hearing been disputed, is similar to the terms of the Member’s Undertaking and Acknowledgement, and that the public interest is thus adequately protected in the circumstances.
The Committee further acknowledges that, under the amendments to the Ontario College of Teachers Act, 1996 (the “Act”) of December 5, 2016, it no longer has discretionary power over what is published. Pursuant to Section 45.1 of the Act, the College is required to publish every decision of the Committee as well as its reasons.
December 14, 2016
Robert Gagné
Chair, Discipline Committee Panel
______________________________ Brigitte Bidal Piquette, OCT
Member, Discipline Committee Panel
Stéphane Vallée, OCT
Member, Discipline Committee Panel