DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION AND ORDER ON MOTION TO ADJOURN
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
Pierre Eddy Toussaint, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
PIERRE EDDY TOUSSAINT (REGISTRATION #103671)
PANEL: Stéphane Vallée, OCT, Chair Jacqueline Boulianne, OCT Élaine Legault
HEARD: November 30, 2021
Emilie Bruneau, for the Ontario College of Teachers Pierre Eddy Toussaint, representing himself Renée A. Kopp, 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.
1On November 30, 2021, the motion was brought before a panel of the Discipline Committee (the "Panel") of the Ontario College of Teachers (the "College"). Pursuant to Rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, the proceeding was held electronically.
2The parties agreed to hold a hearing in regard to the allegations of professional misconduct set out in two Notices of Hearing, dated June 13, 2019 (Exhibit 1) and March 16, 2020 (Exhibit 2), respectively.
A. Publication BAN
3The Panel ordered a publication ban pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996 (the “Act”), which makes such an order mandatory. Accordingly, 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.
B. DECISION
4On November 30, 2021, Counsel for the College presented the Panel with the parties’ signed Statement of Uncontested Facts and Plea of No Contest (Exhibit 3) and the Panel investigated the plea with the Member. Certain concerns were raised at that point as to the validity of the plea, but the parties were able to proceed after the Member provided clarification. However, before the Panel was asked to deliberate on the allegations in the Notices of Hearing, the Member made further representations which raised fresh concerns for each member of the Panel concerning the validity of the plea and the agreement between the parties. The Panel withdrew to discuss its concerns as to its ability to continue with the hearing in the circumstances. It then conveyed its specific concerns to the parties and none of the Panel members felt able to continue with this hearing.
5On the advice of Independent Counsel and the parties’ consent as to the procedure to follow in the circumstances, the Panel ordered an adjournment of the hearing.
6A new panel will need to be formed when the hearing continues because the next hearing will not come before this Panel.
7The Panel asked the parties to contact the Tribunals Office directly to obtain and fix a new date for the hearing of this matter.
November 30, 2021
Stéphane Vallée, OCT Chair, Discipline Panel
Jacqueline Boulianne, OCT Member, Discipline Panel
Élaine Legault Member, Discipline Panel