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Education - Ontario College of Teachers Act (OCTA). Cann v. Ontario College of Teachers
In Cann v. Ontario College of Teachers (Div Court, 2022) the Divisional Court considers an Ontario College of Teachers Act (OCTA) appeal from the revocation of a teacher's "certificate of qualification and registration". In this quote to court sets out it's jurisdiction and scope for the appeal:[17] Section 35(4) of the Ontario College of Teachers Act provides for a full right of appeal to this court on questions of fact, or law, or both. The parties agree on the appropriate standard of review. Questions of law are reviewed on a correctness standard, while questions of fact, or questions of mixed fact and law (without an extricable question of law) are reviewed for palpable and overriding error: Bradley v. Ontario College of Teachers, 2021 ONSC 2303, at para. 7. . Cann v. Ontario College of Teachers
In Cann v. Ontario College of Teachers (Div Court, 2022) the Divisional Court considers an Ontario College of Teachers Act (OCTA) appeal from the revocation of a teacher's "certificate of qualification and registration". In these quotes the court orders a statutory publication ban:Preliminary Matter – Publication Ban
[14] In the proceedings before the College of Teachers, the Panel ordered a publication ban pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996, S.O. 1996, c. 12, which provides that “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.”
[15] At the hearing of the appeal, counsel for both parties indicated that they sought an order extending the publication ban granted by the Panel. However, neither party had given notice to the media of the publication ban request, as is required by section F of Part V of the Superior Court of Justice’s Consolidated Provincial Practice Direction.
[16] The court granted an order extending the publication ban ordered by the Panel. In the circumstances, given the nature of the allegations in this case and the mandatory nature of s. 32.1(3) of the Ontario College of Teachers Act, the court did not require a formal motion record for a publication ban to be brought. However, it ordered the parties to provide notice to the media pursuant to the Practice Direction to ensure the media has been notified of the publication ban should any media outlet wish to take any steps in relation thereto.
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