DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Rule 2022 ONOCT 83

Date: 2022-08-29

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

Arthur Robert C. Rule, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

ARTHUR ROBERT C. RULE (REGISTRATION #150756)

PANEL: Wanda Percival, OCT, Chair

Terrence Singh, OCT

Lisa Tucker

HEARD: August 25, 2022

Zirka Jakibchuk, for the Ontario College of Teachers

No one appearing for Arthur Robert C. Rule

Ahmad Mozaffari, 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 August 25, 2022, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Arthur Robert C. Rule (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 on behalf of students who were the subject of a prohibited act involving child pornography. College Counsel noted that these Agreed Statement of Facts and Guilty Plea did not identify any students but indicated that the documents from the Member’s criminal proceedings contained information about students. College Counsel submitted it was appropriate to order a publication ban pursuant to 32.1(4) with respect to these details. The Panel accepted this request. Accordingly, no person shall publish the identity of, or any information that could disclose the identity of students who were the subject of a prohibited act involving child pornography.

5The Panel also received a certified copy of the transcript of the Proceedings at Guilty Plea from the Member’s criminal proceeding before Justice P. Joubert dated November 8, 2019 (Exhibit 2 at Appendix E), which indicated that an order restricting publication was made by the Ontario Court of Justice on November 22, 2018, 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 June 2, 2022 (Exhibit 1) are as follows:

IT IS ALLEGED that the Arthur Robert C. Rule 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 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);

(c) 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);

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

(e) 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. Arthur Robert C. Rule is a member of the Ontario College of Teachers. As of June 6, 2018, his membership status with the College has been “Inactive/ Non-Practising.” Attached hereto and marked as Appendix “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.

2. At all material times, the Member was employed by the Kenora Catholic District School Board (the “Board”) as an Occasional Teacher.

3. The Member taught at two elementary schools in Kenora, Ontario. His last day teaching for the Board was on March 28, 2018. The Member resigned from his employment with the Board on October 1, 2018.

4. On November 22, 2018, as part of a province-wide child pornography investigation, Ontario Provincial Police charged the Member with six child pornography-related charges under the Criminal Code (Canada) (the “Code”), specifically:

(a) on or about the 10^th day of April 2018, on or about the 7^th day of May 2018 and on or about the 21^st day of November 2018, the Member did have in his possession child pornography to wit computer graphic files, contrary to section 163.1(4) of the Code (counts 1-3);

(b) between the 10th day of April 2018 and the 21st day of November 2018, the Member did access child pornography to wit computer graphic files, contrary to section 163.1(4.1) of the Code (count 4); and

(c) on or about the 10th day of April 2018 and on or about the 7th day of May 2018, the Member did make available child pornography to wit computer graphic images/movies, contrary to section 163.1(3) of the Code (counts 5 and 6).

5. On November 25, 2018, the Member was further charged with failure to comply with a condition of his undertaking or recognizance, specifically:

(a) on or about the 23^rd day of November 2018, the Member did, being at large on his Undertaking entered into before a Justice and being bound to comply with a condition of that Undertaking directed by the said Justice, fail without lawful excuse to comply with that condition to wit, Do not attend a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, school playground, playground or community centre, contrary to section 145(3) of the Code.

6. On or about November 8, 2019, the Member pled guilty to and was convicted of three counts of possession of child pornography and one count of accessing child pornography under sections 163.1(4) and 163.1(4.1) of the Code, respectively. The remaining charges were withdrawn at the request of the Crown.

7. On or about May 6, 2021, the Member was sentenced to a 22-month custodial sentence, concurrent on all counts, followed by three years’ probation. The Member was also made subject to several ancillary orders. The imposition of the sentence was deferred to June 18, 2021.

8. On or about June 10, 2021, the Member applied for leave to appeal his custodial sentence and for bail pending appeal. On or about June 18, 2021, the Ontario Court of Appeal granted the Member’s application. The appeal is scheduled to be heard on November 17, 2022.

9. The Member has not applied for leave to appeal/appealed any of his convictions and the time for doing so has expired.

10. Attached hereto and marked as Appendix “B” is a certified copy of the Court Information sworn on November 22, 2018, including the appearances/adjournments and disposition in the criminal proceeding.

11. Attached hereto and marked as Appendix “C” are copies of the Member’s Undertaking to a Judge and Judicial Interim Release Order, dated November 22, 2018.

12. Attached hereto and marked as Appendix “D” are certified copies of the Recognizance of Bail and Judicial Interim Release Order, dated November 26, 2018.

13. Attached hereto and marked as Appendix “E” is a certified copy of the transcript of the Proceedings at Guilty Plea before the Honourable Justice P. Joubert of the Ontario Court of Justice, dated November 8, 2019.

14. Attached as Appendix “F” is a copy of the Reasons for Sentence of the Honourable Justice E.J. Baxter of the Ontario Court of Justice, released on May 6, 2021.

15. Attached hereto and marked as Appendix “G” is a certified copy of the Prohibition Order, dated June 18, 2021.

16. Attached hereto and marked as Appendix “H” is a copy of the Endorsement of the Honourable Justice D. Brown of the Ontario Court of Appeal, dated July 6, 2021.

GUILTY PLEA

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

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

19. 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.

20. 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 August 25, 2022 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 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 16 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 9-16 of the Admitted Facts constitute professional misconduct under the headings of misconduct set out above. The Admitted Facts demonstrate that on or about November 8, 2019, the Member pled guilty to and was convicted of three counts of possession of child pornography and one count of accessing child pornography under sections 163.1(4) and 163.1(4.1) of the Criminal Code (Canada). He did not appeal these convictions but is appealing his sentence.

10The Member admits and the Panel finds he engaged in a prohibited act involving child pornography as defined in section 1 of the Act. Section 1 of the Act defines a “prohibited act involving child pornography” as “any act prohibited under section 163.1 of the Criminal Code (Canada)”. The Member pled guilty to and was convicted of three counts of possession of child pornography under section 163.1(4) and one count of accessing child pornography under section 163.1(4.1) of the Criminal Code (Canada).

11The Panel finds that the Member has failed to maintain the standards of the profession contrary to subsection 1(5) of Ontario Regulation 437/97. College Counsel submitted that the 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 The Panel agrees with College Counsel. Child pornography is despicable. It is a clear breach of the standards of the profession for a teacher to access and keep in their possession images, movies and videos of child pornography.

12The Member contravened sections of the Criminal Code (Canada) that are relevant to his suitability to hold a certificate of qualification and registration, contrary to subsection 1(16) of Ontario Regulation 437/97. Child pornography objectifies, exploits, and harms children. The Member’s criminal convictions for accessing and possessing child pornography clearly demonstrate that he is not suited to be part of a profession that is entrusted with the safety and well-being of children and works closely with them in positions of authority.

13The Member contravened subsection 1(18) of Ontario Regulation 437/97. The Member’s misconduct is abhorrent and cannot be tolerated by the teaching profession. When the Member pled guilty to accessing and keeping in his possession images meeting the definition of child pornography, he demonstrated that he had disregarded the expectations and obligations of teachers as leaders and role models in the community dedicated to the care of children. The Member’s misconduct was shameful and demonstrated significant moral failings. The police categorized 22,429 images and 204 movies of videos in the Member’s computer and determined these images fit the definition of child pornography. The police found but were not able to categorize 92,984 additional images on the Member’s computer due to time and resources (Exhibit 2 at Appendix F). There is no doubt the Member’s misconduct can be characterized as disgraceful, dishonourable and unprofessional.

14The Member’s egregious conduct which led to his criminal convictions, is also unbecoming a member, contrary to subsection 1(19) of Ontario Regulation 437/97. Public confidence in teachers, and the teaching profession as a whole, is eroded when members are found to have and are criminally convicted for accessing and being in possession of child pornography.

F. PENALTY DECISION

15The parties entered into a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on August 25, 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

16The 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 the parties’ agreement that the reprimand be delivered in writing.

17The 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.

18The 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.