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Motion for production of police records regarding investigating officer's misconduct granted in part.
The appellant, convicted of second-degree murder, brought a motion under s. 683(1)(a) of the Criminal Code for the production of police records relating to the officer in charge of his homicide investigation.
The officer had a history of misconduct, including stealing opiate drugs from evidence lockers and crime scenes.
The Court of Appeal granted the motion in part, ordering the Toronto Police Service and Ontario Provincial Police to produce records relating to the officer's conduct in the appellant's specific investigation to the court for review.
The court dismissed the request for records relating to unrelated investigations, finding it speculative.
The officer was granted limited intervener status to assert privacy interests in the records.
Liquor licence revoked due to the licensee's leadership role in the Hells Angels Motorcycle Club.
The Registrar of Alcohol and Gaming proposed to revoke the appellant's liquor licence on the basis that its sole officer and director was a member and former president of the Hells Angels Motorcycle Club.
Following a re-hearing ordered by the Court of Appeal, the Licence Appeal Tribunal found that the licensee's extensive involvement and leadership role in a criminal organization provided reasonable grounds for belief that he would not carry on business in accordance with the law and with integrity and honesty, despite a 13-year unblemished record in operating the licensed premises.
The Tribunal ordered the Registrar to carry out the proposal to revoke the licence.
Police disciplinary proceedings stayed due to egregious abuse of process from merged criminal and regulatory investigations.
The appellant police officer appealed a disciplinary decision finding him guilty of neglect of duty and discreditable conduct.
The Ontario Civilian Police Commission found that the Hearing Officer erred in law by failing to rule on the appellant's motion for a stay of proceedings based on abuse of process.
The Commission determined that the deliberate merging of the internal disciplinary investigation and the criminal investigation, which used regulatory powers to compel evidence for the criminal probe, constituted an egregious abuse of process and a violation of the appellant's Charter rights.
The Commission set aside the Hearing Officer's decision and ordered a stay of proceedings on all counts.
Mere membership in a criminal organization is insufficient to revoke a liquor licence absent unlawful conduct.
The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the liquor licence of a corporate licensee on the basis that its principal was a full-patch member of the Hells Angels Motorcycle Club.
The Registrar argued that membership in a criminal organization is inherently incompatible with the requirement under the Liquor Licence Act to carry on business in accordance with the law and with honesty and integrity.
The Board declined to revoke the licence, finding that while the Hells Angels is a criminal organization, there was no evidence of any specific past or present conduct by the licensee demonstrating an inability to govern the establishment lawfully.
The licensee had operated the premises without incident or regulatory infractions for ten years.
Teacher found guilty of professional misconduct and incompetence; required to complete remedial courses before returning.
The Ontario College of Teachers brought discipline proceedings against a member for professional misconduct and incompetence, alleging failures in lesson planning, student supervision, record keeping, and maintaining professional boundaries.
The member did not attend the hearing but submitted a plea of no contest and an agreed statement of facts, admitting to two unsatisfactory performance appraisals.
The Discipline Committee accepted the plea, finding the member guilty of professional misconduct and incompetence.
Accepting a joint submission on penalty, the Committee ordered terms and conditions on the member's certificate, requiring her to complete courses in French language instruction and classroom management, and to provide two consecutive satisfactory performance appraisals upon returning to teaching.
Teacher found guilty of professional misconduct for inappropriate relationship with student and boundary violations.
The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct.
The member admitted to engaging in an unprofessional relationship with a student, which included inappropriate electronic communications, meetings outside of school, and physical contact.
The member also failed to notify the student's parents or the school about the student's eating disorder, instead encouraging her to depend on him.
The Discipline Committee accepted the member's guilty plea and found him guilty of professional misconduct.
The Committee ordered a reprimand, the completion of a course on professional boundaries and ethics, and publication of the decision.
Motion to withdraw allegations of professional misconduct and incompetence granted.
The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct and incompetence against the member.
The member was not in attendance.
Upon the consent of the parties, the Discipline Committee granted the motion and authorized the withdrawal of the allegations.
Motion to withdraw professional misconduct allegations against the member granted on consent.
The College of Teachers brought a motion seeking authorization to withdraw the allegations of professional misconduct set out in the notice of hearing against the member.
On consent of the parties, the Discipline Committee granted the motion and authorized the withdrawal of the allegations.
Motion to withdraw allegations of professional misconduct granted on consent.
The Ontario College of Teachers brought a motion seeking leave to withdraw the allegations of professional misconduct against the member, as set out in the Notice of Hearing dated October 18, 2007.
The member consented to the motion.
The Discipline Committee granted the motion and authorized the College to withdraw the allegations.
Motion to withdraw professional misconduct allegations granted after member retired and undertook not to reapply.
The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct against the member.
The member had retired his membership and provided an undertaking not to reapply for reinstatement or to teach in any school requiring a certificate of qualification.
The Discipline Committee granted the motion and authorized the withdrawal of the allegations.
Teacher's certificate revoked following criminal conviction for sexual interference of a minor.
The member pleaded guilty to professional misconduct following a criminal conviction for sexual interference of a minor.
The Discipline Committee accepted the joint submission on penalty, finding the member guilty of professional misconduct.
The Committee ordered the immediate revocation of the member's Certificate of Qualification and Registration, and directed the publication of the decision with the member's name.
Motion to withdraw allegations of professional misconduct against the member granted on consent.
The Ontario College of Teachers brought a motion seeking leave to withdraw the allegations of professional misconduct against the member set out in the Notice of Hearing.
Upon consent of the parties, the Discipline Committee granted the motion and authorized the withdrawal of the allegations.
Teacher found guilty of professional misconduct for having students massage his back; reprimand and coursework ordered.
The Ontario College of Teachers brought disciplinary proceedings against a teacher who requested that students massage his back during class to relieve a muscle spasm.
The member pleaded no contest to allegations of professional misconduct, including psychological abuse and failing to maintain professional standards.
The Discipline Committee accepted the joint submission on penalty, ordering a reprimand and completion of a course on appropriate boundaries.
A majority of the panel ordered that the decision be published without the member's name, noting the incident was unique, isolated, and the member had no prior disciplinary history.
One panel member dissented on the issue of publication, arguing the member's name should be published for specific deterrence and transparency.
Principal's teaching certificate suspended for 10 months for tampering with EQAO literacy test booklets.
The Member, a former high school principal, pleaded guilty to professional misconduct for her role in tampering with EQAO literacy test booklets.
Contrary to EQAO protocols, the Member participated in and condoned the practice of reviewing completed test booklets and having students return to complete unfinished answers before sealing them.
The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, a 10-month suspension of her teaching certificate (reducible to 8 months upon completion of an ethics course), and publication of the decision.
Vice-principal suspended for six months for professional misconduct involving EQAO test tampering and failure to supervise.
The Member, a vice-principal, pleaded guilty to professional misconduct relating to the administration of the Grade 10 EQAO literacy test.
She failed to correct staff who gave inappropriate instructions to scribes and participated in reviewing and completing test booklets after students had left the testing area.
The Discipline Committee accepted the guilty plea and found her guilty of failing to maintain professional standards, failing to adequately supervise staff, and engaging in conduct unbecoming a member.
The Committee ordered a reprimand, publication, and a six-month suspension of her teaching certificate, which could be reduced to four months upon successful completion of an ethics course.
Teacher's certificate revoked following criminal conviction for sexual exploitation of a student.
The Member, a music teacher, engaged in sexual acts with a student and was subsequently convicted of sexual exploitation, receiving a 15-month custodial sentence.
At a discipline hearing, the Member pleaded guilty to professional misconduct and sexual abuse of a student based on an Agreed Statement of Facts.
The Discipline Committee accepted the joint submission on penalty, finding the Member guilty and ordering the immediate revocation of his certificate of qualification and registration.
Motion to withdraw allegations of professional misconduct and incompetence granted on consent.
The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct and incompetence against the member, Jo Ann Elizabeth Hall.
The Discipline Committee considered the submissions and, upon the consent of the parties, authorized the College to withdraw the allegations set out in the Notice of Hearing.
The Ontario College of Teachers brought a motion seeking leave to withdraw the allegations of professional misconduct set out in the Notice of Hearing against the member.
Teacher found guilty of professional misconduct for poor classroom management and inadequate supervision; conditional suspension ordered.
The Member pleaded guilty to professional misconduct for failing to maintain the standards of the profession and failing to adequately supervise students in his special education class.
Over a two-year period, the Member demonstrated difficulties with classroom management, student discipline, and curriculum delivery, receiving unsatisfactory performance appraisals.
The Discipline Committee accepted the joint submission on penalty, ordering a three-month suspension to be postponed and ultimately waived if the Member successfully completes approved courses in curriculum planning and classroom management within six months, along with a two-year monitoring period.
Teacher reprimanded and suspended for six months for breaching EQAO test administration protocols.
The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct relating to the administration of the 2003 EQAO literacy test.
The member, acting as an Interdepartmental Special Education Head, instructed staff not to seal tests, provided inappropriate assistance to students, and allowed students to complete unfinished sections after the test period.
The member pleaded guilty to failing to maintain professional standards, failing to supervise adequately, and engaging in conduct unbecoming a member.
The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, a six-month suspension (reducible by two months upon completion of an ethics course), and publication of the decision.