DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Lemieux 2025 ONOCT 12

Date: 2025-03-03

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

Marcel Francois J. Lemieux, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

MARCEL FRANCOIS J. LEMIEUX (REGISTRATION #362022)

PANEL: Élaine Legault, Chair Mary Carol Edy, OCT Hanno Weinberger, OCT

HEARD: February 25, 2025

Zirka Jakibchuk, for the Ontario College of Teachers Trevor R. Volway, for Marcel Francois J. Lemieux 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.

By order of Justice Kim 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 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 February 25, 2025, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Marcel Francois J. Lemieux (the “Member”) did not attend the hearing but had 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.

4The Panel also received a certified copy of the transcript of the Proceedings during Plea of Guilt and Reasons for Sentence from the Member’s criminal proceeding before Justice Kim on May 9, 2023 (Exhibit 2 at Appendix F). In these proceedings before the Ontario Court of Justice, an order restricting publication was made on May 9, 2023, 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

5The allegations against the Member in the Notice of Hearing dated January 16, 2025 (Exhibit 1) are as follows:

IT IS ALLEGED that the Marcel Francois J. Lemieux is guilty of professional misconduct as defined in the Act in that:

(a) he failed to strive at all times to achieve and maintain the highest degree of professional competence and to uphold the honour, dignity, and ethical standards of the teaching profession, contrary to section 13 of Ontario Regulation 63/55, made under the Teaching Profession Act, R.S.O. 1970, c. 456, and any amendments thereto (the “TPA Regulation”);

(b) he failed to show consistent justice and consideration in all his relations with pupils, contrary to section 14(d) of the TPA Regulation;

(c) he failed to concern himself with the welfare of his pupils while they were under his care, contrary to section 14(f) of the TPA Regulation;

(d) he contravened a law, the contravention of which has caused or may cause a student who is under the member’s professional supervision to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17);

(e) 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).

C. AGREED STATEMENT OF FACTS

6College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), amended during the hearing, which provides the following:

1. Marcel Francois J. Lemieux is a member of the College. His membership status has been ‘Inactive/Not Practising’ since November 9, 2017. 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. The Member has held an Ontario Teacher’s Certificate or a Certificate of Qualification and Registration continuously since June 23, 1972.

3. At all material times, the Member was employed by the Sudbury Catholic District School Board¹ as a teacher at [XXX] School (the “School”) in Sudbury, Ontario.

4. At all material times, Student 1 was an [XXX] - or [XXX] -year-old male student at the School.

5. Between September 1, 1978 and September 1, 1979, the Member fondled the genitals of Student 1 in class at the School, on two separate occasions.

Criminal Proceedings

6. On or about December 15, 2021, the Member was arrested and charged with one count of indecent assault, namely that he:

(a) between the 1st day of September in the year 1978 and the 1st day of September in the year 1979 at the City of Greater Sudbury in the said Region, did commit an indecent assault on Student 1, contrary to section 156 of the Criminal Code (Canada).

7. On May 9, 2023, the Member pled guilty to and was convicted of indecent assault before the Honourable Justice Kim of the Ontario Court of Justice, in Sudbury, Ontario.

8. On May 9, 2023, the Member was sentenced to a six-month conditional sentence, followed by 18 months’ probation. The Member was also made subject to a number of ancillary orders.

9. The Member did not appeal his conviction or sentence and the appeal period has expired.

10. Attached hereto and marked as Appendix “B” is a certified copy of the Court Information sworn on December 15, 2021, including the appearances and disposition in the criminal proceedings before the Honourable Justice Kim of the Ontario Court of Justice.

11. Attached hereto and marked as Appendix “C” is a certified copy of the Adult Conditional Sentence Order, dated May 9, 2023.

12. Attached hereto and marked as Appendix “D” are certified copies of the Prohibition Order and Prohibition Order Imposed at Sentencing, dated May 9, 2023.

13. Attached hereto and marked as Appendix “E” is a certified copy of the Adult Probation Order, dated May 9, 2023.

14. Attached hereto and marked as Appendix “F” is a certified transcript of the Proceedings during Plea of Guilt and Reasons for Sentence of the Honourable Justice Kim of the Ontario Court of Justice, dated November 17, 2023.

GUILTY PLEA

15. By this document, the Member admits the truth of the facts and appendices referred to in paragraphs 1-14 above (the “Admitted Facts”).

16. The Member hereby acknowledges that the conduct set out at paragraphs 4-14 of the Admitted Facts constitutes professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of:

(a) sections 13, 14(d) and 14(f) of Ontario Regulation 63/55 made under the Teaching Profession Act, R.S.O. 1970, c. 456, and any amendments thereto; and

(b) subsections 1(17) and 1(18) of Ontario Regulation 437/97.

17. 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 obtained or had the opportunity to obtain the advice of legal counsel.

18. 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

7Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Panel rendered an oral decision on February 25, 2025, finding that the Member engaged in acts of professional misconduct as alleged, contrary to section 13 and subsections 14(d) and (f) of the TPA; and subsections 1(17) and 1(18) of Ontario Regulation 437/97.

E. REASONS FOR DECISION

8The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 14 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 the Admitted Facts set out in paragraphs 4 to 14 constitute professional misconduct under the heads of misconduct set out above. The Admitted Facts demonstrate that the Member engaged in sexual touching of Student 1. The Member was subsequently found guilty of indecent assault contrary to section 156 of the Criminal Code in relation to these acts.

(1) Findings under the TPA Regulation

9The Panel finds that the Member failed to strive at all times to achieve and maintain the highest degree of professional competence and to uphold the honour, dignity, and ethical standards of the teaching profession, contrary to section 13 of the TPA Regulation. The Member’s sexual touching of Student 1 occurred between September 1, 1978 and September 1, 1979, while the Member held an Ontario Teacher’s Certificate and was bound to follow the TPA and its regulations. By fondling the genitals of Student 1 in class on two occasions, the Member clearly failed to uphold the honour, dignity and ethical standards of the teaching profession. The Member’s conduct was entirely at odds with his professional, moral and ethical responsibilities.

10The Member also failed to show consistent justice and consideration in all his relations with pupils and failed to concern himself with the welfare of his pupils while they were under his care, contrary to subsections 14(d) and (f) of the TPA Regulation. The Member breached these provisions by engaging in sexual touching of Student 1, a young student who was under the Member’s care. The Member’s actions were a flagrant disregard for Student 1’s well-being and he grossly abused his position of trust and authority.

(2) Findings under Ontario Regulation 437/97

11The Panel finds that the Member contravened a law, the contravention of which has caused or may cause a student who is under the member’s professional supervision to be put at or remain at risk, contrary to subsection 1(17). On May 9, 2023, the Member was found guilty of indecent assault of Student 1, contrary to section 156 of the Criminal Code. The Member’s criminal conviction demonstrates that he contravened a law which caused or may cause a student to be put at risk. By committing the criminal offence of indecent assault, the Member abused his position of trust and put Student 1, who was under the Member’s supervision, at risk.

12Finally, the Panel finds that the Member committed acts which would reasonably be regarded by members as disgraceful, dishonourable and unprofessional, contrary to subsection 1(18). The Member’s conviction of indecent assault demonstrates the Member’s significant professional and moral failings. Sexual touching of students is morally repugnant and contrary to a member’s professional obligations to protect students’ well-being and safety.

F. PENALTY DECISION

13The parties entered into a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on February 25, 2025, 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;

2. The Registrar is directed to immediately revoke the Certificate of Qualification and Registration of the Member.

G. REASONS FOR PENALTY DECISION

14The Panel accepts the penalty jointly proposed by the parties. The Panel recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Panel’s role to determining whether the proposed penalty is so unreasonable that accepting it would bring the administration of the discipline process into disrepute or be otherwise contrary to the public interest.² The Panel finds that the penalty proposed in the Joint Submission on Penalty is neither unduly harsh nor unduly lenient such as to bring the administration of the discipline process into disrepute, based on the following prior decisions of the Discipline Committee presented by the parties: Ontario College of Teachers v. Stanford, 2022 ONOCT 50; Ontario College of Teachers v. Huck, 2021 ONOCT 47; and Ontario College of Teachers v. Williamson, 2023 ONOCT 25.

15The Panel considered the Member’s circumstances in comparison to the cases provided. There are several aggravating factors in the Member’s case: 1) the abhorrent nature of the Member’s conduct which consisted of sexual touching of a student; 2) the repeated nature of the conduct, which occurred on two separate occasions in class; and 3) the age of Student 1 who was only [XXX] or [XXX] years old. In terms of mitigating factors, the Member admitted their misconduct, saving the time and expense of a contested hearing. After weighing these factors, the Panel accepts that the penalty proposed would not bring the administration of the discipline process into disrepute.

16The Panel finds that the Member’s abhorrent conduct warrants a reprimand. The Member abused his position of trust and authority by engaging in sexual touching of Student 1. The reprimand will allow the Panel to directly address its concerns with the Member and will serve as a specific deterrent. Recording the fact of the reprimand on the Register will serve as a general deterrent to other members of the profession.

17The Panel finds that revocation of the Member’s Certificate of Qualification and Registration is appropriate in this case. The Member’s conduct towards Student 1 was abhorrent and reprehensible. The Member’s actions warrant an order of the Panel’s most severe penalty available: revocation. Sexual touching of students cannot be tolerated by this profession. The Member’s conduct has jeopardized the public’s trust in the teaching profession. Accordingly, the Member is no longer entitled to be a member of the teaching profession in Ontario.

18The Panel is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.

Date: March 3, 2025

Élaine Legault Chair, Discipline Panel

Mary Carol Edy, OCT Member, Discipline Panel

Hanno Weinberger, OCT Member, Discipline Panel

Footnotes

1. 1The Panel understands that this was an error. The Member was employed by the Sudbury Roman Catholic School Board- French sector (now Conseil scolaire catholique du Nouvel-Ontario).
2. 2See R. v. Anthony-Cook, 2016 SCC 43, [2016] 2 S.C.R. 204, and Bradley v. Ontario College of Teachers, 2021 ONSC 2303.