Ontario College of Teachers v. Johnston, 2020 ONOCT 207

Discipline Committee of the Ontario College of Teachers

Ontario College of Teachers v Johnston 2020 ONOCT 207

Date: 2020-11-18

DECISION ON MOTIONS

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

John Wilfred Martin Johnston, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JOHN WILFRED MARTIN JOHNSTON (REGISTRATION #168913)

PANEL: Jean-Luc Bernard, OCT, Chair

Godwin Ifedi

Alicia Nunn, OCT

HEARD: November 5, 2020

Stephanie Sugar, for the Ontario College of Teachers

No one appearing for John Wilfred Martin Johnston

Rebecca Durcan, Independent Legal Counsel

PUBLICATION BAN: Pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996, no person shall publish the identity of, or any information that could disclose the identity of any person who is under 18 years old and is a witness in a hearing or is the subject of evidence in a hearing.

1This matter was heard before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on November 5, 2020.

2John Wilfred Martin Johnston (the “Member”) did not attend the hearing and did not have legal representation.

3At the outset of the hearing, the Panel was advised that the Member had corresponded with College Counsel and with the College Tribunals Office. A portion of his correspondence was put before the Panel and characterized as notice for a motion to adjourn the proceedings until such time as the proceedings can be held in person. The Panel reviewed this information and the evidence tendered by the College in response to the request to adjourn the proceedings.

4Having listened to the submissions of the College regarding the Member’s motion to adjourn the proceedings, the Panel denied the Member’s motion. As such, the hearing on the merits proceeded electronically on November 5, 2020, in accordance with section 3 of the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020, S.O. 2020, c. 5, Sched 3.

5Due to the time required to hear the College’s oral arguments and to review the Member’s written arguments regarding the Member’s motion at the outset of the hearing, the College did not complete its case on November 5, 2020. As such, College Counsel requested that this matter continue another day and that the hearing be adjourned until that date. The Panel granted this request and ordered that the hearing continue on February 10, 2021.

6College Counsel further requested that the Panel put terms or conditions on the Member’s Certificate of Qualification and Registration until the Committee has disposed of the allegations against him. Specifically, the College requested that the Panel order that the Member be prohibited from teaching until the matter has concluded. The Panel requested that the College submit the proposed wording of the terms and conditions for their review and deliberation regarding the College’s request.

7College Counsel submitted further written submissions regarding their request on November 9, 2020. The Member replied to the College’s submissions in an email dated November 10, 2020. After review of the parties’ submissions, the Panel denies the College’s motion for terms or conditions that the Member be prohibited from teaching until the hearing resumes.

8A written decision with reasons will follow.