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 Nadia Charland, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair
Jean-Luc Bernard, OCT
Sara Nouini, OCT
BETWEEN: )
) Christine Lonsdale and
) Charlotte-Anne Malischewski,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Annie Lacroix,
) Law Clerk
– and – )
) Lise Leduc,
NADIA CHARLAND ) Goldblatt Partners LLP,
(CERTIFICATE #258021) ) for Nadia Charland
) Renée Kopp,
) Jones Litigation Counsel LLP,
) Independent Legal Counsel )
) Motion date: July 26, 2017
DECISION ON MOTION AND REASONS FOR DECISION
On July 26, 2017, the Ontario College of Teachers (the “College”) submitted through counsel before a panel of the Discipline Committee (the “Committee”) a written Notice of Motion dated July 10, 2017; an Affidavit of Annie Lacroix sworn July 10, 2017; and a Brief concerning the motion scheduled for July 26, 2017. On July 19, 2017, College Counsel sent the Committee an additional letter clarifying two points relating to the order sought by the parties. In a letter sent to the Committee on July 19, 2017, Counsel for the Member confirmed the Member’s consent to the order sought by the College and her agreement with the clarifications provided by the College with regard to the order sought.
THE PURPOSE OF THE MOTION IS TO OBTAIN:
An order for the Committee to dispose of the motion in writing.
An order of adjournment sine die for the hearing dates scheduled for September 14 and 15, 2017 on the grounds that:
(a) The parties jointly request the adjournment;
(b) Nadia Charland (the “Member”) has undertaken not to teach, or to fill, or attempt to fill, any position requiring her to hold a Certificate of Qualification and Registration, until the College has disposed of the complaint against her.
In support of the motion, the College cited Rules 5.08 and 14.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”); the Affidavit of Annie Lacroix sworn July 10, 2017; and the letter from the College to the Committee dated July 19, 2017, inter alia.
Member’s Counsel produced letters dated July 10 and 19, 2017 informing the Committee that the Member consented to the order sought by the College and agreed with the clarifications provided by the College.
DECISION
The Committee makes the following order as to the motion by the College:
The motion scheduled for July 26, 2017 shall be disposed of in writing.
The hearing dates scheduled for September 14 and 15, 2017 shall be adjourned sine die (indefinitely) on the grounds that:
(a) The parties jointly request the adjournment;
(b) The Member has undertaken not to teach, or to fill, or attempt to fill, any position requiring her to hold a Certificate of Qualification and Registration, until the College has disposed of the complaint against her.
The parties shall, however, contact the hearings office to schedule a conference call, to take place within one year from the date of the Committee’s order, in order to provide the Committee with an update.
REASONS FOR DECISION
The Facts
The Member has a medical condition for which she is currently receiving treatment, and for which she has been treated continuously since her diagnosis in 2014.
On April 24, 2017, further to a contested motion, the Committee ordered that the parties set a date for a hearing to take place by September 29, 2017, and that the Member provide the College with a detailed medical report concerning her current state of health at least one month prior to the scheduled hearing date. The hearing dates were subsequently scheduled for September 14 and 15, 2017.
On June 28, 2017, the College obtained a Declaration of Undertaking and Acknowledgement from the Member in which she agreed to the following:
I undertake not to teach in any public or private school in Ontario, or to fill, or attempt to fill, any position requiring me to hold a Certificate of Qualification and Registration, until the College has disposed of the complaint against me.
I understand that any breach of the Declaration of Undertaking and Acknowledgment may constitute professional misconduct and in those circumstances the College will be at liberty to commence proceedings against me.
I understand that the following notation will be entered on the College’s Public Register:
“On June 28, 2017, Nadia Charland undertook not to teach in any public or private school in Ontario, or to fill, or attempt to fill, any position requiring her to hold a Certificate of Qualification and Registration, until the College has disposed of the complaint against her. At this time, no finding has been made concerning the complaint against the Member.”
- I acknowledge that I understand the scope, purpose and effect of this Declaration of Undertaking and Acknowledgement and am executing same voluntarily, unequivocally and with the advice of legal counsel.
The motion scheduled for July 26, 2017 shall be disposed of in writing
In accordance with Rule 5.08 of the Rules, the Committee may hear a motion by way of a written hearing if no motion participant objects, in the interests of a more efficient, faster and more economical proceeding. In view of the Member’s state of health and her consent, it is appropriate to dispose of the motion in writing.
The hearing dates scheduled for September 14 and 15, 2017 shall be adjourned sine die
In accordance with Rule 14.01(1) of the Rules, a hearing may be adjourned by the Committee. Rule 14.01(2) of the Rules provides that, in accordance with section 21 of the Statutory Powers Procedure Act, in deciding whether to grant an adjournment, the Committee may consider one or more of the following factors:
(a) the sufficiency of the reasons advanced for the request to adjourn;
(b) the timeliness of the request;
(c) the resources of the Committee;
(d) any prejudice to the parties;
(e) whether any adjournments have been granted previously;
(f) the consent of the parties; or
(g) any other relevant factor.
Firstly, the Committee finds that the reasons given for the request for adjournment are sufficient for the granting of an adjournment sine die. The Member’s medical condition precludes her attendance at or participation in a hearing before the Discipline Committee, as shown in the medical certificates from her physician dated September 29, 2016 and March 9, 2017.
Secondly, the request for adjournment was filed promptly several months prior to the hearing dates scheduled for September 14 and 15, 2017.
Thirdly, by providing the motion documents in writing prior to the dates previously scheduled for the hearing, the parties were able to avoid a personal appearance and adopted an approach designed to save the Committee’s resources. The Committee notes, however, that the parties ought simply to have filed a request for an adjournment with consent and the completed form with the hearings office for the Committee’s consideration, as set out in Rule 14.01(6) of the Rules, rather than filing a motion.
Fourthly, the parties agree that granting an adjournment will not be prejudicial to either party.
Fifthly, no adjournments have been granted previously.
Lastly, the public interest is protected because the Member has undertaken not to teach in any public or private school in Ontario, or to fill, or attempt to fill, any position requiring her to hold a Certificate of Qualification and Registration, until the College has disposed of the complaint against her. The transparency of discipline proceedings will be maintained because the aforementioned notation will be posted on the College’s Public Register, and the Committee’s decision will be posted electronically in the and Quicklaw legal databases.
Accordingly, the following notation is to be entered on the College’s Public Register, in accordance with subsection 23(2)(b) of the Ontario College of Teachers Act, 1996:
“On June 28, 2017, Nadia Charland undertook not to teach in any public or private school in Ontario, or to fill, or attempt to fill, any position requiring her to hold a Certificate of Qualification and Registration, until the College has disposed of the complaint against her. At this time, no finding has been made concerning the complaint against the Member.”
Accordingly, the Committee finds that an adjournment is reasonable in the circumstances. An adjournment sine die (indefinitely) is hereby ordered in view of the Member’s circumstances and the request for an adjournment with consent. The parties shall, however, contact the hearings office to schedule a conference call, to take place within one year from the date of the Committee’s order, in order to provide the Committee with an update.
Although this request for adjournment could have been submitted in an even more efficient manner, the Committee would still like to thank the parties for their cooperation.
The Committee finds that the aforementioned order is reasonable and appropriate in the circumstances and serves and protects the public interest.
Date: August 2, 2017
Robert Gagné
Chair, Discipline Committee
Jean-Luc Bernard, OCT
Member, Discipline Committee
Sara Nouini, OCT
Member, Discipline Committee