Ontario College of Teachers v. Cathcart, 2024 ONOCT 20

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Cathcart 2024 ONOCT 20

Date: 2024-06-06

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

Blair Kenneth Cathcart, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

BLAIR KENNETH CATHCART (REGISTRATION #474733)

PANEL: Myrna Tulandi, Chair Adam Lee, OCT Wanda Percival, OCT

HEARD: June 6, 2024

Jordan Stone, for the Ontario College of Teachers Parmbir Gill, for Blair Kenneth Cathcart Ahmad Mozaffari, 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 June 6, 2024, 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 Blair Kenneth Cathcart (the “Member”) set out in a Notice of Hearing dated July 29, 2021 (Exhibit 1). In accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, this proceeding was heard electronically.

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

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. UNDERTAKING, agreeMent AND ACKNOWLEDGMENT

4Counsel for the College advised the Panel that the parties had agreed to the withdrawal of the allegations against the Member set out in the Notice of Hearing dated July 29, 2021, in light of the Undertaking, Agreement and Acknowledgment of Blair Kenneth Cathcart (the “Undertaking, Agreement and Acknowledgment”) dated February 16, 2024 (Exhibit 2), in which the Member agreed to the following terms, conditions or limitations:

1. I hereby resign as a member of the College and surrender irrevocably my Certificate of Qualification and Registration effective immediately.

2. I undertake that I will never seek reinstatement of my Certificate of Qualification and Registration.

3. I undertake that following my resignation, I will never work in a position that requires a Certificate of Qualification and Registration issued by the College.

4. I acknowledge that I will not be entitled in the future to seek membership in the College after having resigned permanently from membership in the College and having irrevocably surrendered my Certificate of Qualification and Registration pursuant to this Undertaking, Agreement and Acknowledgement.

5. I acknowledge that my status on the Public Register of the College will be “Resigned-Cancelled” and the notation will read as follows:

“On February 16, 2024, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to work again in a position requiring a Certificate of Qualification and Registration issued by the College nor to seek reinstatement of his Certificate of Qualification and Registration with the College. The Member resigned his membership while a disciplinary proceeding was pending.”

6. I acknowledge that the College is authorized to provide information regarding this Undertaking, Agreement and Acknowledgement in response to any inquiries it receives from any authority that regulates the practice of teaching in any other jurisdiction.

7. I acknowledge and understand that the decision and reasons of the Discipline Committee in this matter will be available on the College’s website.

8. I understand and agree that this Undertaking, Agreement and Acknowledgement is legally binding on me and that the College may take any legal action against me to enforce it that the College deems appropriate.

9. I fully understand the terms of this Undertaking, Agreement and Acknowledgement.

10. I confirm that I am entering into this Undertaking, Agreement and Acknowledgement voluntarily and without compulsion or duress, and that I have been advised by the College of my right to obtain independent legal advice on this Undertaking, Agreement and Acknowledgement and its contents. I have had ample opportunity to consult with legal counsel regarding the terms of this Undertaking, Agreement and Acknowledgement and any other related legal issues.

C. DECISION

5On June 6, 2024, 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 July 29, 2021, in light of the Undertaking, Agreement and Acknowledgement of the Member dated February 16, 2024.

D. REASONS FOR DECISION

6The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules. College Counsel explained why it sought to withdraw the allegations of professional misconduct in this case for several reasons. The Panel accepts the following six submissions made by the College. First, College Counsel submitted that it does have concerns about its ability to prove the allegations. Second, the College is mindful of the potential negative impact a contested hearing would have on former students, if they were to testify for a third time (the first and second time being at the Member’s criminal proceedings). Third, College Counsel submitted that withdrawal of the allegations would bring finality to a dated matter, seeing as the Notice of Hearing was issued on July 29, 2021. Fourth, the Member’s permanent and irrevocable resignation from the profession and undertaking never to work again in a position requiring a certificate of qualification and registration, ensures the protection of the public and students. Fifth, the Decision and Reasons on Motion will be posted online and the terms of Member’s Undertaking, Agreement and Acknowledgment will be posted in a notation on the College’s public register, which will also protect the public and promote transparency. Lastly, College Counsel submitted that granting the College’s motion to withdraw the allegations against the Member would allow the College’s resources to be preserved for other matters that pose a pressing risk to the public and students.

7As such, the Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate, given the Member’s Undertaking, Agreement and Acknowledgment, which serves to protect the public interest.