DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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
Alain Joseph Gilles Phaneuf, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
ALAIN JOSEPH GILLES PHANEUF (REGISTRATION #628722)
PANEL: Marlène Marwah, Chair Anne Laflamme, OCT Kelly Marvin, OCT
HEARD: August 26, 2024
Emilie Bruneau, for the Ontario College of Teachers Lise Leduc, for Alain Joseph Gilles Phaneuf 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.
Additionally, by order of Justice S. Gomery of the Superior Court of Justice, there is a publication ban on any information that could identify the victim or a witness in this matter, pursuant to section 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 26, 2024, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2Alain Joseph Gilles Phaneuf (the “Member”) did not attend the hearing, but was represented by counsel. 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.
4In addition, in R v. Phaneuf, 2023 ONSC 268, Justice S. Gomery of the Superior Court of Justice ordered a publication and broadcast ban (Exhibit 2, Exhibit B) pursuant to section 486.4 of the Criminal Code of Canada. The Panel must comply with this ban, which prohibits the publication of information that could identify the victim or witnesses in this matter.
B. DECISION ON FINDING
5Having considered the Statement of Uncontested Facts and Plea of No Contest and the submissions of the parties, the Panel rendered an oral decision on August 26, 2024, finding the Member guilty of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7.2), 1(7.3), 1(14), 1(15), 1(18) and 1(19). The Member also sexually abused a student as defined by section 1 of the Act.
C. PENALTY DECISION
6On August 26, 2024, the Panel accepted the parties’ Joint Submission on Penalty and made the following order as to penalty:
The College Registrar is directed to immediately revoke the Member’s Certificate of Qualification and Registration.
The Member is directed to appear before the Discipline Committee immediately following the hearing to receive a reprimand which will be delivered in person at the offices of the College, at 101 Bloor Street West, Toronto, Ontario, or electronically, and the fact of the reprimand is to be recorded on the Register.
7A written decision with reasons will follow.
Date: August 26, 2024
Marlène Marwah Chair, Discipline Panel
Anne Laflamme, OCT Member, Discipline Panel
Kelly Marvin, OCT Member, Discipline Panel