DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Martin 2025 ONOCT 21

Date: 2025-03-28

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

Daniel Yves Martin, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

DANIEL YVES MARTIN (REGISTRATION #287146)

PANEL: Alain Martel, OCT, Chair

Scott Barker, OCT

Kayla Stephenson

By order of Justice of the Peace M. Fredericksen of the Ontario 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 matter was referred to the Discipline Committee (the “Committee”) of the Ontario College of Teachers (the “College”) under subsection 26(9) of the Ontario College of Teachers Act, 1996 (the “Act”). In accordance with subsection 30.2(8) of the Act and rule 9.03 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”), the Committee disposed of the matter without a hearing.

A. PUBLICATION ban

2In Daniel Yves Martin’s (the “Member”) criminal proceedings before the Ontario Court of Justice, an order restricting publication was made pursuant to section 486.4 of the Criminal Code of Canada by Justice of the Peace M. Fredericksen on June 3, 2022. 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 Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.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

3The allegations against the Member in the Notice of Referral dated January 16, 2025 are as follows:

IT IS ALLEGED that the Member is guilty of professional misconduct as defined in the Act in that:

(a) he abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3), and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;

(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); and

(c) he engaged in prescribed sexual acts as defined in section 1 of the Act and Ontario Regulation 615/20, subsections 1(1) and 1(4).

4The Panel was provided with the Registered Member Information for the Member, which indicates that he was a Member of the College at all material times. The Panel also received the following documents:

1. Certified Copy of Court Information;

2. Certified Copies of Ancillary Orders;

3. Transcript of Proceedings During Plea of Guilty before the Honourable Justice Brissette in the Ontario Court of Justice on March 18, 2024;

4. Transcript of the Sentencing before the Honourable Justice Brissette in the Ontario Court of Justice on May 28, 2024; and

5. Affidavit of Service of Paige Booth, Law Clerk at the College, sworn February 5, 2025.

5Subrule 9.03(4) of the Rules provides that the Panel can accept a certified copy of a Court Information, Indictment or Endorsement, or transcripts of the proceedings at which the criminal conviction or the finding of guilt occurred to be proof that the member has engaged a sexual offence involving a student.

C. DECISION on finding and penalty, and reasons for decision

6Having considered the findings of the criminal court, the Panel finds that the Member engaged in acts of professional misconduct contrary to Ontario Regulation 437/97, subsections 1(7.3) and 1(16). The Panel further finds that the Member engaged in sexual abuse as defined in section 1 of the Act and a prescribed sexual act as defined section 1 of the Act and Ontario Regulation 615/20, subsections 1(1) and 1(4).

7The Member has been found guilty of two offences under the Criminal Code which are relevant to his suitability to hold a certificate of qualification and registration, contrary to subsection 1(16) of Ontario Regulation 437/97. The documents presented by the College establish that on March 18, 2024, in the Ontario Court of Justice, the Member pled guilty to, and was convicted of, one count of sexual interference and one count of obtaining for consideration the sexual services of a person under the age of 18 years, contrary to sections 151 and 286.1(2) of the Criminal Code. The Member did not appeal his convictions or his sentence, and the time period for an appeal has expired. Members of the teaching profession are responsible for the safety and well-being of students. Those who engage in criminal behaviour of a sexual nature with children cast serious doubt on their suitability to remain a member of a profession that is committed to the protection of students.

8The Panel also finds that the conduct in respect of which the Member was convicted constitutes sexual abuse of a student under Ontario Regulation 437/97, subsection 1(7.3) and as defined in section 1 of the Act and that the Member was convicted of offences constituting a prescribed sexual act as defined section 1 of the Act and Ontario Regulation 615/20 subsections 1(1) and 1(4). Given this finding, section 30.2(1) of the Act provides that the Committee must make an order: (1) requiring that the Member be reprimanded by the Committee; and (2) directing the Registrar to revoke the Member’s certificate of qualification and registration. The Panel notes that it has no discretion regarding making this order. The College does not seek any additional order.

9The Panel makes the following order:

1. The Member is directed to receive a written reprimand, and the fact of the reprimand shall 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 and Qualification and Registration of the Member.

10The reprimand will be delivered to the Member in writing in accordance with subrule 9.03(8) of the Rules.

11The Panel denounces the Member’s misconduct in the strongest terms.