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
Francesco G. Canacari, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair
Sara Nouini, OCT
Vicki Shannon, OCT
BETWEEN: ) Eli Mogil,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers, ) assisted by Annie Lacroix,
– and – ) Law Clerk
Francesco G. Canacari )
(CERTIFICATE # 194270) ) Francesco G. Canacari, self-represented
) but not present
) Erica Richler,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: December 20, 2016
DECISION, REASONS FOR DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on December 20, 2016 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated May 7, 2014 (Exhibit 1) was served on Francesco G. Canacari (the “Member”), requesting his presence on June 10, 2014 to set a date for hearing, and specifying the charges. The hearing was subsequently set for December 20, 2016.
The Member was not in attendance for the hearing and did not have legal representation. He did, however, provide a written statement taking responsibility for his actions.
ALLEGATIONS
The allegations against the Member in the Notice of Hearing are as follows:
IT IS ALLEGED that Francesco G. Canacari is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, (the “Act”) in that:
(a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) he contravened a law, the contravention of which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16);
(c) he committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18); and
(d) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
AGREED STATEMENT OF FACTS
Francesco G. Canacari is a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.
At all material times, the Member was employed by the Greater Victoria School District in the province of British Columbia, as a teacher at Victoria High School.
At the material times, Victim 1 and Victim 2 were adult female persons known to the Member.
In June 2010, police pressed charges against the Member alleging that between March and May 2010, the Member had:
(a) Criminally harassed Victim 1;
(b) Unlawfully entered Victim 1’s residence;
(c) Criminally harassed Victim 2;
(d) Unlawfully entered Victim 2’s residence.
A trial was held in the Provincial Court of British Columbia and on August 9, 2013, the Member was convicted of one count of criminal harassment and two counts of unlawfully entering or being in a dwelling-house, contrary to Sections 264 and 349(1) of the Criminal Code of Canada. Attached hereto and marked as Exhibit “B” is a copy of the August 9, 2013 Reasons for Judgment of the Honourable Judge J. Harvey, which set out the Court’s finding of fact.
The Member was sentenced on October 3, 2013. For each of the three counts, the Member received a two-month custodial sentence followed by two years of probation. The three sentences were concurrent, and the Member was permitted to serve his sentence in the community, subject to a number of conditions. Attached hereto and marked as Exhibit “C” is a copy of the October 3, 2013 Reasons for Sentence of the Honourable Judge J. Harvey.
On July 2, 2015, the Director of Certification of the British Columbia Ministry of Education cancelled the Member’s teaching certificate under section 33(2)(f) of the Teachers Act [SBC 2011] Chapter 19.
In or about August 2016, the Member admitted that his conduct constituted conduct unbecoming a teacher and was contrary to Standards #1 and #2 of the Standards for the Education, Competence and Professional Conduct of Educators in British Columbia, Third and Fourth Editions.
Pursuant to a Consent Resolution Agreement between the Member and British Columbia’s Commissioner appointed under the Teachers Act, the Member has agreed to never apply for, and the Director of Certification will be required never to issue to him, a certificate of qualification, an independent school teaching certificate or a letter of permission under section 64(g) of the Teachers Act.
Attached hereto and marked as Exhibit “D” is a copy of the Consent Resolution Agreement between British Columbia’s Commissioner appointed under the Teachers Act and the Member, signed on August 17, 2016 and September 15, 2016.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in the paragraphs above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(16), 1(18) and 1(19).
By this document the Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he understands that by signing this document he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to otherwise prove the case against him and the right to have a hearing;
(d) he understands that depending on the penalty ordered by the Discipline Committee, the decision of the Committee and a summary of its reasons, including reference to his name, may be published in the official publication of the College;
(e) he understands that any agreement between the parties with respect to the penalty proposed does not bind the Discipline Committee;
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.
- In light of the Admitted Facts and circumstances and the plea of guilt, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
DECISION
Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that the Member committed acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(16), 1(18) and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 10 of the Agreed Statement of Facts and Guilty Plea and pleaded guilty to the allegations of professional misconduct against him. He acknowledged and the Committee accepts that the Admitted Facts constitute conduct which is professional misconduct, contrary to Ontario Regulation 437/97, subsections 1(5), 1(16), 1(18) and 1(19).
Paragraphs 4 to 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5).
Paragraphs 4 to 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member contravened a law, the contravention of which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16).
Paragraphs 4 to 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18).
Paragraphs 4 to 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
JOINT SUBMISSION ON PENALTY
The Ontario College of Teachers and the Member submit through a Joint Submission on Penalty (Exhibit 3) that the appropriate penalty to be imposed by the Committee in this matter would be that the Committee:
direct the Registrar of the Ontario College of Teachers to immediately revoke the Certificate and Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar; and
direct that there be publication of the findings and Order of the Committee in summary form in the official publication of the College, Professionally Speaking/Pour parler profession.
PENALTY DECISION
The Committee accepts the Joint Submission on Penalty presented by the parties and makes an order in accordance with its terms, as set out above.
REASONS FOR PENALTY DECISION
The Committee accepts the penalty jointly proposed by the parties. The Committee recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Committee’s role to determining whether the proposed penalty is so unreasonable that accepting it would bring the administration of justice or the discipline process into disrepute. The Committee finds that the penalty proposed in the Joint Submission on Penalty is proportionate to the misconduct committed by the Member and is reasonable given the circumstances of this case.
The penalty proposed by the parties is also within a reasonable range, based on the following analogous cases presented by College Counsel: Ontario College of Teachers v. Corry, 2008 ONOCT 13 and Ontario College of Teachers v. Wood, 2012 ONOCT 43.
The Committee finds that revocation is appropriate. The Member was convicted of serious criminal offences. He invaded the privacy of his victims and went into their homes without permission or lawful excuse. He was found guilty of criminally harassing one of the victims. He violated the victims’ sense of security in their homes.
The Member has provided a statement taking responsibility for his actions. The Committee recognizes that, while this acknowledgement is a positive factor, other penalty considerations in this case justify revocation.
Revocation will denounce the Member’s very severe criminal conduct. It will promote general deterrence, and send the message that criminal conduct by teachers, whether inside or outside the school context, is wholly unacceptable. It will protect the public from a threat that the Member could commit similar behaviour in the school community in the future.
The Committee accepts the submissions of College Counsel with respect to mandatory publication and recognizes that it no longer has the discretion to order publication with or without name. In accordance with the recent amendments to the Act (and subsection 45.1 in particular), a summary of the Committee’s decision and reasons shall be published with the Member’s name on the College’s website and in the official publication of the College, Professionally Speaking/Pour parler profession.
Publication with the name of the Member identifies to the profession the nature of the Member’s misconduct and the consequences of such behaviour. It acts as a specific deterrent to the Member as it holds her accountable for her actions. It also serves as a general deterrent by reminding the profession that such behaviour is not tolerated. Moreover, publishing the Member’s name ensures the transparency of the discipline process and reassures the public that the College acts decisively and does not shield its members when matters of this nature are brought to its attention.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: January 9, 2017
Robert Gagné
Chair, Discipline Panel
______________________________ Sara Nouini, OCT
Member, Discipline Panel
Vicki Shannon, OCT
Member, Discipline Panel