Ontario College of Teachers v. Rai, 2024 ONOCT 4

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Rai 2024 ONOCT 04

Date: 2024-02-22

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

Jagminder Singh Rai, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JAGMINDER SINGH RAI (REGISTRATION #461184)

PANEL: Emma Rhodes, Chair Susan Arbour, OCT Terrence Singh, OCT

HEARD: October 16 and 18, 2023; December 15, 2023; February 22, 2024

Danielle Miller and Kate Martini, for the Ontario College of Teachers Parmbir Gill, for Jagminder Singh Rai Renée Kopp, 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.

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on October 16, and 18, 2023, December 15, 2023, and February 22, 2024, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2On February 22, 2024, counsel for the College brought a motion to seek leave from the Panel to withdraw the allegations against Jagminder Singh Rai (the “Member”) set out in a Notice of Hearing dated May 24, 2023 (Exhibit 1).

3The Member attended the proceeding and had legal representation.

A. PUBLICATION ban

4The 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.

5Additionally, a publication ban was ordered pursuant to subsection 32.1(4) of the Act at the request of Student 1, who was allegedly sexually abused. Accordingly, no person shall publish the identity of, or any information that could disclose the identity of Student 1.

B. SUBMISSIONS OF COLLEGE COUNSEL

6At the start of what would have been the fourth day of a contested hearing, College Counsel advised the Panel that it was bringing a motion to seek the Panel’s permission to withdraw the allegations set out in the Notice of Hearing. College Counsel submitted that, while it was unusual to be making such a motion after the hearing had proceeded on its merits, there is no reasonable prospect of proving the allegations as alleged due to evidence that was presented in the hearing thus far and new evidence that was brought to the College’s attention after the last hearing date. As such, College Counsel submitted they could not proceed with the prosecution in good faith and asked that the Panel authorize the withdrawal of the Notice of Hearing.

C. SUBMISSIONS OF MEMBER’S COUNSEL

7Member’s Counsel concurred with College Counsel’s submissions and supported their request to withdraw the Notice of Hearing.

D. DECISION

8On February 22, 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 May 24, 2023.

E. REASONS FOR DECISION

9The Panel has jurisdiction to make the order requested, pursuant to Rule 13.13 of the Rules. The Panel accepts the submissions of College Counsel that in light of the evidence that has already been presented to the Panel and new evidence that has been brought to the College’s attention by Member’s Counsel, there is no reasonable prospect of obtaining a finding of professional misconduct. The Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate. It is not in the public interest to expend the resources to proceed with a matter in which the College advises that it no longer has any reasonable prospect of establishing its allegations against the Member and obtaining a finding of professional misconduct.