DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION AND REASONS FOR DECISION 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 Pierre Eddy Toussaint, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
PIERRE EDDY TOUSSAINT (REGISTRATION #103671)
PANEL: Marlène Marwah, Chair Sarah Choudhury Alain Martel, OCT
HEARD: July 26, 2022
Christine Lonsdale and Emilie Bruneau for the Ontario College of Teachers
Pierre Eddy Toussaint did not have legal representation
Renée 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.
This electronic proceeding was held before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on July 26, 2022, pursuant to Rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”).
The Member did not attend the hearing and did not have legal representation.
At the start of the proceeding, College Counsel entered into evidence an exchange of emails between Emilie Bruneau and the Member dated July 18 and 19, 2022 (Exhibit 1) and advised the Panel that the parties had agreed to hold a single hearing to address the allegations set out in the Notices of Hearing dated June 13, 2019 (Exhibit 2) and March 16, 2020 (Exhibit 3), under clause 9.1 (1) (b) of the Statutory Powers Procedure Act. Accordingly, the Panel addressed the allegations set out in both Notices of Hearing at the same time.
College Counsel then made a motion to the Panel to withdraw the allegations against the Member set forth in the two Notices of Hearing dated June 13, 2019, and March 16, 2020, respectively.
A. Publication BAN
The 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. UNDERTAKING AND ACKNOWLEDGEMENT
College Counsel advised the Panel that the parties have agreed to withdraw the allegations against the Member set out in the Notices of Hearing dated June 13, 2019, and March 16, 2020, in light of his Undertaking and Acknowledgement dated May 26, 2022 (Exhibit 4), in which he undertook to abide by the following conditions or restrictions:
I hereby resign as a member of the College with immediate effect.
I agree to never again apply for reinstatement of my Certificate of Qualification and Registration.
I agree to never again occupy a position that requires a Certificate of Qualification and Registration with the College.
I understand that breach of any of the provisions of this Undertaking and Acknowledgement may constitute professional misconduct. If I fail to comply with any of the terms of this Undertaking and Acknowledgement, the College shall be free to initiate proceedings regarding the failure to comply with the Undertaking and Acknowledgement or to reintroduce these proceedings.
I acknowledge and agree that my status on the College’s public register is “Cancelled - Resigned” and that the public register will have the following notation:
“On May 26, 2022, the Member resigned as a member of the Ontario College of Teachers while disciplinary proceedings were underway. The Member has undertaken never to apply for reinstatement of his Certificate of Qualification and Registration and never to hold a position that requires a Certificate of Qualification or Registration with the Ontario College of Teachers.”
I acknowledge and understand that the decisions of the Discipline Committee are available on the College’s website.
I acknowledge and understand the scope, intent and effect of signing the Undertaking and Acknowledgement, and I am signing this document voluntarily, unequivocally, and having had the opportunity to obtain the advice of legal counsel.
C. DECISION
On July 26, 2022, after hearing submissions from College Counsel and with the consent of the parties, the Panel authorized the College to withdraw the allegations against the Member set out in the Notices of Hearing dated June 13, 2019, and March 16, 2020, respectively, in light of his Undertaking and Acknowledgement of May 26, 2022.
D. REASONS FOR DECISION
The Panel has jurisdiction to make the requested order pursuant to Rule 13.13 of the Rules. College Counsel explained that she wanted to withdraw the allegations against the Member set out in the two Notices of Hearing for the following reasons. First, the Member is almost 80 years old and is in frail health. Second, the College and the Member have already appeared before another Discipline Panel regarding the allegations set forth in the two Notices of Hearing dated June 13, 2019, and March 16, 2020. Following a decision by that Discipline Panel, the hearing against the Member would have proceeded on a contested basis, would have been lengthy and difficult, and the outcome would have been uncertain. Finally, the Member poses no danger to students as he has resigned as a member of the College; he has undertaken not to seek reinstatement of his Certificate of Qualification and Registration; and he has undertaken never again to hold a position that requires a certificate.
The Panel accepts the submissions of College Counsel and concludes that, in the circumstances, the withdrawal of the Notices of Hearing in light of the Member’s Undertaking and Acknowledgment is reasonable and protects the public interest. In addition, the notation of this undertaking on the public register will ensure transparency in the process.
July 26, 2022
Marlène Marwah Chair, Discipline Panel
Sarah Choudhury Member, Discipline Panel
Alain Martel, OCT Member, Discipline Panel