Casson v. College of Teachers (B.C.), [2000] B.C.T.C. 328 (SC)

• Judge: Romilly, J.
• Court: Supreme Court of British Columbia (Canada)
• Case Date: May 24, 2000
• Jurisdiction: British Columbia
• Citations: [2000] B.C.T.C. 328 (SC);2000 BCSC 814

Casson v. College of Teachers, [2000] B.C.T.C. 328 (SC)

MLB headnote and full text

Temp. Cite: [2000] B.C.T.C. TBEd. JN.027

Nimfa Zaragoza Casson (petitioner) v. The British Columbia College of Teachers (respondent)

(L001043; 2000 BCSC 814)

Indexed As: Casson v. College of Teachers (B.C.)

British Columbia Supreme Court

Vancouver

Romilly, J.

May 24, 2000.

Summary:

A Membership Investigation Sub-Committee (MISC) recommended that Casson be denied membership in the British Columbia College of Teachers on the basis that she was not a "fit and proper person" as required by s. 25 of the Teaching Profession Act. The basis for the MISC's recommendation was that Casson had misled the College by misrepresenting her completed coursework for the purpose of receiving a reinstatement of her expired Interim Certificate. The Council of the College adopted the recommendation. Casson applied for judicial review of the Council's decision, raising the following grounds: (1) the College exceeded its jurisdiction by misinterpreting s. 25(1)(b) of the Teaching Profession Act. In particular, it: (a) failed to consider whether Casson "meets the standards of qualification and the standards of fitness established by bylaw under section 23" as required by s. 25(1)(b)(i) of the Act; (b) asked the wrong question when assessing Casson's moral character under s. 25(1)(b)(ii) of the Act by focusing on her relationship with the College rather than on her abilities as a teacher; (2) alternatively, the College was patently unreasonable or exceeded its jurisdiction in concluding that Casson was not a "fit and proper person" because it ignored or failed to appreciate relevant evidence, including teaching reports and letters of reference; and (3) the College denied Casson procedural fairness by: (a) refusing to process the appeals and applications she had filed, and diverting her application for an extension of her interim certificate into a process which included the hearing pursuant to s. 25 of the Act; (b) failing to provide written reasons for its decision to deny her membership to the College; (c) acting inconsistently with decisions of the College in other cases involving applications for membership or reinstatement; and (d) imposing a penalty which was unduly harsh and far out of proportion to the wrong which Casson admitted.

The British Columbia Supreme Court held that the standard of review was that of patent unreasonableness. The court considered each of the grounds raised by Casson and dismissed the application.

Administrative Law - Topic 547

The hearing and decision - Decisions of the tribunal - Reasons for decisions - When required - See paragraphs 54 to 57.

Administrative Law - Topic 549

The hearing and decision - Decisions of the tribunal - Reasons for decisions - Sufficiency of - See paragraphs 54 to 57.

Administrative Law - Topic 2402

Natural justice - Procedure - General - Duty of fairness - See paragraphs 49 to 61.

Administrative Law - Topic 3202

Judicial review - General - Scope of review - See paragraph 29.

Administrative Law - Topic 9102

Boards and tribunals - Judicial review - Standard of review - See paragraph 29.

Education - Topic 6043

Teachers - Qualifications - Certification - See paragraphs 33 to 48.

Education - Topic 6044

Teachers - Qualifications - Requirement of being a "fit and proper" person - See paragraphs 33 to 48.

Cases Noticed:

Pezim v. British Columbia Securities Commission et al., [1994] 2 S.C.R. 557; 168 N.R. 321; 46 B.C.A.C. 1; 75 W.A.C. 1; [1994] 7 W.W.R. 1; 92 B.C.L.R.(2d) 145; 14 B.C.R.(2d) 217; 22 Admin. L.R.(2d) 1; 114 D.L.R.(4th) 385, refd to. [para. 16].

Pushpanathan v. Canada (Minister of Citizenship and Immigration) (1998), 226 N.R. 201; 160 D.L.R.(4th) 193 (S.C.C.), refd to. [para. 17].

Stolen v. College of Teachers (B.C.) (1995), 64 B.C.A.C. 1; 105 W.A.C. 1; 128 D.L.R.(4th) 453 (C.A.), refd to. [para. 20].

Trinity Western University v. College of Teachers (B.C.), (1998), 116 B.C.A.C. 1; 190 W.A.C. 1; 169 D.L.R.(4th) 234 (C.A.), refd to. [para. 21].

Director of Investigation and Research, Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20, refd to. [para. 22].

Canada (Attorney General) v. Public Service Alliance of Canada, [1993] 1 S.C.R. 941; 150 N.R. 161; 101 D.L.R.(4th) 673; 93 C.L.L.C. 14,022, refd to. [para. 30].

Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corp., [1979] 2 S.C.R. 227; 26 N.R. 341; 25 N.B.R.(2d) 237; 51 A.P.R. 237; 97 D.L.R.(3d) 417; 79 C.L.L.C. 14,209, refd to. [para. 31].

Planet Development Corp. and Lester (W.W.) (1978) Ltd. v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry in the United States and Canada, Local 740, [1990] 3 S.C.R. 644; 123 N.R. 241; 88 Nfld. & P.E.I.R. 15; 274 A.P.R. 15, refd to. [para. 32].

Board of Education of Toronto v. Ontario Secondary Teachers' Federation District No. 15 et al., [1997] 1 S.C.R. 487; 208 N.R. 245; 98 O.A.C. 241; 144 D.L.R.(4th) 385, refd to. [para. 37].

Baker v. Canada (Minister of Citizenship and Immigration) (1999), 243 N.R. 22; 174 D.L.R.(4th) 193 (S.C.C.), refd to. [para. 55].

Statutes Noticed:

Teaching Profession Act, R.S.B.C. 1996. c. 449, sect. 25(1) [para. 11].

Counsel:

Terry L. Robertson, Q.C., and Nigel L. Trevethan, for the petitioner;

Bruce A. Laughton, for the respondent.

This application was heard on April 26 and 27, 2000, at Vancouver, British Columbia, before Romilly, J., of the British Columbia Supreme Court, who delivered the following decision on May 24, 2000.

Please note: The following judgment has not been edited.