DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Sparling 2025 ONOCT 5

Date: 2025-01-14

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

Jason William Sparling, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JASON WILLIAM SPARLING (REGISTRATION #691410)

PANEL: Lois Figg, Chair

Scott Barker, OCT

Hanno Weinberger, OCT

By order of Justice Raz 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 subsection 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

2The Panel received a certified copy of the transcript of the Proceedings at Guilty Plea and of the Reasons for Sentence from Jason William Sparling’s (the “Member”) criminal proceeding before Justice R. Shamai dated June 1, 2023. In these proceedings before the Ontario Court of Justice, an order restricting publication was made 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 Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.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

3The allegations against the Member in the Notice of Referral dated July 30, 2024, are as follows:

IT IS ALLEGED that Jason William Sparling is guilty of professional misconduct as defined in the Act in that:

(a) he contravened a law, the contravention of which is relevant to the member’s suitability to hold a certification of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16);

(b) he engaged in a prohibited act involving child pornography as defined in section 1 of the Act.

C. The evidence

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 was also provided the following documents:

1. Certified Transcript of Proceedings at Guilty Plea before Justice R. Shamai in the Ontario Court of Justice, dated June 1, 2023;

2. Certified Transcript of the Reasons for Sentence before Justice R. Shamai in the Ontario Court of Justice, dated June 1, 2023;

3. Certified Copies of the Court Information, appearances, endorsements and disposition in the Criminal Proceeding;

4. Certified Copies of Ancillary Orders; and

5. Affidavit of Kelly Reeves, Professional Conduct Coordinator at the College, sworn November 5, 2024.

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 in a prohibited act involving child pornography.

D. 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, subsection 1(16). The Panel further finds that the Member engaged in a prohibited act involving child pornography as defined in section 1 of the Act.

7The Member has been found guilty of an offence under the Criminal Code which is 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 June 1, 2023, in the Ontario Court of Justice, the Member pled guilty to, and was convicted of, one count of possession of child pornography, contrary to section 163.1(4) of the Criminal Code. The Member did not appeal his conviction or 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 offence in question is of a nature that constitutes a prohibited act involving child pornography as defined in section 1 of the Act. 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 Committee notes that it has no discretion regarding making these orders. The College did not seek any additional orders.

9The Panel makes the following order:

1. The Member receive a written reprimand, and the fact of the reprimand is to 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 of 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.