DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Brouwer 2022 ONOCT 05

Date: 2022-01-03

DECISION AND REASONS ON MOTION

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

Sheelah Jane Rika Brouwer, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

SHEELAH JANE RIKA BROUWER (REGISTRATION #500080)

PANEL: Kimberley Westfall-Connor, Chair

William Goldbloom

Linda Staudt, OCT

HEARD: December 17, 2021

Noam Uri, for the Ontario College of Teachers

Jack Brown, for Sheelah Jane Rika Brouwer

Rebecca Durcan, Independent Legal Counsel

1On December 17, 2021, counsel for the Ontario College of Teachers (the “College”) brought a motion to seek leave from a panel of the Discipline Committee (the “Panel”) to withdraw the allegations against Sheelah Jane Rika Brouwer (the “Member”) set out in a Notice of Hearing dated October 2, 2019 (Exhibit 1). In accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”), this proceeding was heard electronically.

2The Member did not attend the proceeding but had legal representation.

A. SUBMISSIONS OF COLLEGE COUNSEL

3College Counsel sought the Panel’s permission to withdraw the allegations set out in the Notice of Hearing, given that the Member’s case has already been dealt with by another Committee of the College and that the Member has agreed to the withdrawal of the Notice of Hearing.

B. SUBMISSIONS OF MEMBER’S COUNSEL

4Member’s Counsel agreed with College Counsel’s submissions.

C. DECISION

5On December 17, 2021, upon hearing the submissions of the parties and given the consent of the parties, the Panel authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated October 2, 2019.

D. REASONS FOR DECISION

6The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules. In light of the Member’s case having previously been dealt with by another Committee of the College and the parties’ agreement, the Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves to protect the public interest.