The British Columbia College of Teachers (the “College”) was unsuccessful on appeal from the Supreme Court judge’s decision to reduce the penalty for a teacher (“Mitchell”) who had engaged in a sexual relationship with a former student

26. April 2005 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Appeals – Decisions of administrative tribunals – College of Teachers – Judicial review – Standard of review – Reasonableness simpliciter – Publication ban Mitchell v. British Columbia College of Teachers, [2005] B.C.J. No. 269, British Columbia Court of Appeal, February 16, ...

The appeal from a decision which found the appellant guilty of professional misconduct in relation to allegations of inappropriate sexual activity with a student was dismissed as there was evidence before the Panel to support the conclusion that the appellant had engaged in such activity

25. January 2005 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Witnesses X. v. British Columbia College of Teachers, [2004] B.C.J. No. 2528, British Columbia Supreme Court, December 3, 2004, Cole J. The ...

A teacher (“Fox”) appealed from the decision of the BC College of Teachers (the “College”) to proceed with a formal inquiry where the complaint by the school board which instigated the report to the College was rescinded after a grievance. The court dismissed the appeal, holding that the provisions of the Teaching Professions Act, R.S.B.C. 1986, c. 449 (the “Act”) indicated that the legislature did not intend that the jurisdiction of the College would be ousted if a grievance procedure was successful.

28. December 2004 0
Administrative law – Teachers – Disciplinary proceedings – Decisions of administrative tribunals – College of Teachers – Judicial review – Jurisdiction of tribunal – Compliance with legislation – Statutory interpretation – Standard of review – Correctness Fox v. British Columbia College of Teachers, [2004] B.C.J. No. 2322, British Columbia Supreme Court, November 8, 2004, Ehrcke J. ...

An appeal from a decision of the Discipline Committee of the Ontario College of Teachers was dismissed as the court found that the Committee’s decision was reasonable, it had jurisdiction to deal with discipline matters arising out of conduct which occurred before the College came into existence, and the delay involved did not amount to abuse of process

27. July 2004 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Decisions of administrative tribunals – College of Teachers – Judicial review – Compliance with legislation – Procedural requirements and fairness – Delay – Jurisdiction of tribunal Bhadauria v. Ontario College of Teachers, [2004] O.J. No. 2468, Ontario Superior Court of Justice, June 9, ...

A teacher (“Mitchell”) was successful in her appeal from a decision of the Council of the British Columbia College of Teachers (the “College”) cancelling her certificate of qualification and terminating her membership in the College. The court found that the College failed to give any analysis or consideration to many mitigating factors specific to this case resulting in an unreasonable decision with respect to penalty.

27. April 2004 0
Administrative law – Teachers – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties – Public interest – Decisions of administrative tribunals – College of Teachers – Evidenciary issues – Judicial review – Standard of review – Reasonableness simpliciter Mitchell v. British Columbia College of Teachers, [2003] B.C.J. No. 3056, British Columbia Supreme Court. October 27, ...

The appellant teacher unsuccessfully appealed a decision of the Hearing Panel of the disciplinary committee of the British Columbia College of Teachers (“BCCT”) finding him guilty of conduct unbecoming on the grounds that he made discriminatory and derogatory statements against homosexuals in a number of published writings. The appellant also unsuccessfully appealed the penalty of the one-month suspension of his teaching certificate.

23. March 2004 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Procedural requirements and fairness – Failure to provide adequate reasons – Standard of review – Reasonableness simpliciter – Charter of Rights – Freedom of expression Kempling v. British Columbia College ...