Ontario College of Teachers v. Bergeron, 2022 ONOCT 70

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Bergeron 2022 ONOCT 70

Date: 2022-06-28

DECISION, REASONS FOR DECISION AND ORDER

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 Jeffrey Paul Bergeron, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JEFFREY PAUL BERGERON (REGISTRATION #278368)

PANEL: Wanda Percival, OCT, Chair Kiran Qureshi Brian Serafini, OCT

HEARD: June 23, 2022

Yufei (Fiona) Wang, for the Ontario College of Teachers No one appearing for Jeffrey Paul Bergeron Julie Maciura, Independent Legal Counsel

PUBLICATION BAN: Pursuant to subsections 32.1(3) and 32.1(4) 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, or the person who was allegedly sexually abused, or the subject of sexual misconduct, a prohibited act involving child pornography, or a prescribed sexual act.

By order of the Ontario Court of Justice, there is also a publication ban on any information that could identify the victim or a witness in this matter, pursuant to subsection 486.4 of the Criminal Code.

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on June 23, 2022, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Jeffrey Paul Bergeron (the “Member”) did not attend the hearing and did not have legal representation. The Panel was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.

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.

4Additionally, a publication ban was ordered pursuant to subsection 32.1(4) of the Act at the request of College Counsel for any person who was a victim of a prohibited act involving child pornography. Accordingly, no person shall publish the identity of, or any information that could disclose the identity of any person who was a victim of a prohibited act involving child pornography.

5The Panel also received a certified copy of the Court Information sworn on May 19, 2020, appearances/endorsements, and disposition in the Member’s criminal proceeding before Justice S.W. Konyer dated May 19, 2020 (Exhibit 2 at Tab B). In these proceedings before the Ontario Court of Justice, an order restricting publication was made pursuant to section 486.4 of the Criminal Code of Canada. The Panel is required to uphold this publication ban. Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.

B. THE ALLEGATIONS

6The allegations against the Member in the Notice of Hearing dated March 29, 2022 (Exhibit 1) are as follows:

IT IS ALLEGED that the Jeffrey Paul Bergeron is guilty of professional misconduct as defined in 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 failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);

(c) 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);

(d) 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);

(e) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19);

(f) he engaged in a prohibited act involving child pornography as defined in section 1 of the Act.

C. AGREED STATEMENT OF FACTS

7College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:

1. Jeffrey Paul Bergeron is a member of the Ontario College of Teachers.

2. The Member was granted a Temporary Letter of Standing to teach in Ontario on February 11, 1997. He obtained an Interim Certificate of Qualification and Registration on May 20, 1997 and a Certificate of Qualification and Registration on August 3, 2000. On April 14, 2021, the Member’s membership status with the College was changed to “Cancelled – Resigned.” Attached hereto and marked as Appendix “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.

3. Between September 1, 1999 and July 6, 2020, the Member was employed by the Kawartha Pine Ridge District School Board. From 1999 to 2006, the Member was a teacher at Lakefield District Secondary School (the “School”) in Lakefield, Ontario. The Member’s last position at the Board was as a teacher at Thomas A. Stewart Secondary School in Peterborough, Ontario.

4. On November 1, 2019, Person 1 purchased a house from the Member who had previously lived there. On March 20, 2020, Person 1 located a storage box in an upstairs bedroom closet in the house. The box contained 42 hard copy images. The box of photos belonged to the Member and was about a decade old. Two of the images met the definition of child pornography. The subjects of the two photographs were not identified as former students at the School.

Criminal Proceedings/Convictions

5. On or about May 19, 2020, Peterborough Police Service arrested and charged the Member with:

(a) Between the 31st day of October in the Year 2019 and the 19th day of May in the year 2020 at the City of Peterborough in the said region, did have in his possession child pornography to wit: hardcopy photographs, contrary to Section 163.1(4) of the Criminal Code.

6. On April 7, 2021, the Member pleaded guilty to the charge.

7. On April 7, 2021, the Member was sentenced to a six-month conditional sentence followed by two years of probation. The court also imposed the following condition which is relevant to the Member’s eligibility to teach for a period of ten years: Prohibited from seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity that involves being in a position of trust or authority towards persons under the age of sixteen years. The Member was made the subject of a number of ancillary orders.

8. The Member did not appeal his conviction or sentence and the time for an appeal has expired.

9. Attached hereto and marked as Appendix “B” are certified copies of the Court Information sworn on May 19, 2020, appearances/endorsements, and disposition in the criminal proceeding.

10. Attached hereto and marked as Appendix “C” is a certified copy of an Adult Conditional Sentence Order, dated April 7, 2021.

11. Attached hereto and marked as Appendix “D” is a certified copy of a Prohibition Order, dated April 7, 2021.

12. Attached hereto and marked as Appendix “E” is a certified copy of an Order of Disposition, dated April 7, 2021.

13. Attached hereto and marked as Appendix “F” is a certified copy of an Adult Probation Order, dated April 7, 2021.

14. Attached hereto and marked as Appendix “G” is a certified copy of Fine Order/Victim Surcharge Order, dated April 7, 2021.

15. Attached hereto and marked as Appendix “H” is a certified transcript of the Proceedings (Guilty Plea and Reasons for Sentence) remotely before the Honourable Justice S. Konyer on April 7, 2021.

GUILTY PLEA

16. By this document, the Member admits the truth of the facts and appendices referred to in paragraphs 1-15 above (the “Admitted Facts”).

17. The Member hereby acknowledges that the conduct set out at paragraphs 4-7 and 9-15 of the Admitted Facts constitutes professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly that he engaged in a prohibited act involving child pornography as defined in section 1 of the Ontario College of Teachers Act, 1996 and breached Ontario Regulation 437/97 subsections 1(5), 1(15), 1(16), 1(18) and 1(19).

18. 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 prove the case against him and the right to have a hearing;

(d) he understands that the Discipline Committee’s decision and reasons shall be published on the College’s website, and that a summary of the Discipline Committee’s decision and reasons, including his name, shall be published in the official publication of the College;

(e) he understands that any agreement between him and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;

(f) he understands and acknowledges that he is executing this agreement voluntarily, unequivocally, and having had the opportunity to obtain the advice of legal counsel.

19. 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.

D. DECISION

8Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Panel rendered an oral decision on June 23, 2022 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(15), 1(16), 1(18) and 1(19). The Member also engaged in a prohibited act involving child pornography as defined in section 1 of the Act.

E. REASONS FOR DECISION

9The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 15 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against him. He acknowledged and the Panel accepts that paragraphs 4-7 and 9-15 of the Admitted Facts constitute professional misconduct under the headings of misconduct set out above.

10The Admitted Facts demonstrate that the Member engaged in a prohibited act involving child pornography as defined in section 1 of the Act. On April 7, 2021, the Member pled guilty to the criminal offence of possession of child pornography contrary to section 163.1(4) of the Criminal Code.

11The Admitted Facts demonstrate that the Member failed to maintain the standards of the profession, contrary to subsection 1(5) of Ontario Regulation 437/97. College Counsel submitted and the Panel accepts that misconduct of the nature committed by the Member is so notorious and offside of what is acceptable that expert evidence regarding the standards is not required to prove that the standards were breached.¹ Possession of child pornography by a teacher is despicable and a clear breach of the standards of the profession.

12The Member failed to comply with subsection 264(1) of the Education Act, contrary to subsection 1(15) of Ontario Regulation 437/97. In particular, subsection 264(1)(c) requires teachers to teach and model morality and virtuous conduct. The Member’s possession of child pornography is clearly at odds with this duty, as child pornography objectifies and exploits children, and those who possess it perpetuate the cycle of abuse of the children who are the subject of this morally reprehensible content.

13The Member contravened section 163.1(4) of the Criminal Code, which contravention is relevant to his suitability to hold a certificate of qualification and registration, contrary to subsection 1(16) of Ontario Regulation 437/97. Child pornography exploits and harms children. When a teacher possesses hardcopy photographs of child pornography, this raises grave concerns about their suitability to be a part of the teaching profession and to work closely with children in a position of trust and authority. The Panel notes Justice Konyer’s order prohibiting the Member from seeking, obtaining, or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity that involves being in a position of trust or authority towards persons under the age of sixteen years, for a period of ten years (Exhibit 2 at Appendix D). This prohibition order is consistent with the Panel’s finding that the Member’s criminal offense is relevant to his suitability to hold a certificate of qualification and registration. Evidently, an individual who is prohibited from working with children is not suited to remain a teacher.

14The Panel finds that the Member has engaged in conduct that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18). His actions showed a lack of professional judgment and blatant disregard for obligations of teachers to ensure the safety and well-being of children and to always conduct themselves in a morally upright and ethical manner. The Member showed significant moral failing by possessing child pornography, which perpetuates an illicit market that thrives on the abuse of children.

15The Member’s conduct was unbecoming a member, contrary to subsection 1(19) of Ontario Regulation 437/97. Teachers are entrusted with the care of students and one of their fundamental responsibilities is to ensure students’ physical, psychological, and emotional safety and well-being. Public confidence in teachers, and the teaching profession as a whole, is undermined when members are found to possess child pornography.

F. PENALTY DECISION

16The parties entered into a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on June 23, 2022, the Panel accepted the Joint Submission on Penalty and made the following order:

1. The Member is directed to receive a written reprimand, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers; and

2. The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member.

G. REASONS FOR PENALTY DECISION

17The Member’s professional misconduct consisted of or included a prohibited act involving child pornography, as described in subsection 30.2(2) of the Act. Given this finding, section 30.2(1) of the Act provides that the Panel must make an order: (1) requiring that the Member be reprimanded by the Panel; and (2) directing the Registrar to revoke the Member’s certificate of qualification and registration. The Panel makes both of these orders and notes that it has no discretion in this regard. With respect to the form of the reprimand, the Panel accepts that a written reprimand is appropriate in the circumstances, given the parties’ joint submission to this effect.

18The Panel recognizes that it may also order costs or a fine in accordance with subsection 30(5) of the Act but notes that the parties are jointly asking it to confine its order to the mandatory ones. The Panel finds it reasonable not to make these additional orders in light of the Member’s guilty plea and joint submission on penalty, particularly in light of the high threshold that must be met before rejecting a joint submission on penalty.

19The Panel denounces the Member’s misconduct in the strongest terms.

Footnotes

1. 1See Novick v. Ontario College of Teachers, 2016 ONSC 508 at paragraph 71.