Teacher acquitted of assault charges involving students
(Editors note – A publication ban has been imposed in this case. The students involved cannot be identified, and for that reason the precise location where the incidents took place will also not be described.)
Christopher Leger, who was teaching at a primary school in Frontenac County in 2017, has been acquitted of charges of assault stemming from incidents that took place during the 2017 school year. The trial in the case was held in June, September and October in the Napanee Court that is presided over by Justice Geoff Griffin, but Griffin decided to deliver his verdict in Sharbot Lake, where the case was first heard. Griffin also presides over the monthly Sharbot Lake criminal court.
In delivering his ruling, Griffin referred to a Supreme Court of Canada case from 2004 which established the rights of teachers to engage in physical interventions in order to control the behaviour of students. The rights established by the court, fall well short of permitting things like corporal punishment, and are focussed on the safety of the students involved and other students in the class. The students in the case were very young, 4 years old, at the time of the incidents. One of them, a boy, had an Educational Assistant assigned to him at the time because of his behavioural and other issues, and the other, a girl, had been identified by the school as having significant difficulty following the routines that Mr. Leger, and other staff members at the school, had instituted for the kindergarten class.
The case hinged on the testimony of three crown witnesses, staff members at the school, who testified about 5 specific incidents, 4 involving the girl and one involving the boy. Neither of the students testified in court. The defence’s case rested on the testimony of the Vice Principle of the school regarding how the incidents were reported, and Leger himself regarding what took place.
Essentially, Judge Griffin found contradictions in the testimony of the three Crown witnesses, both within their testimony and in combination with the testimony of the other two. In contrast he said he found the Vice Principal’s testimony to be compelling and her manner convincing, and also said that Leger’s testimony was believable and consistent. He went through all of the five charges, in some detail, and in each case found that in none of the cases had the crown proved that Leger used excessive force. He declared Leger acquitted on each count.
Trial dates set
Duane Riddle, 23, is charged with theft under $5,000, possession of stolen property and failure to comply with court ordered conditions. His trial will take place on June 17th.
Jonathan Sparks, 43, is charged with assault with a weapon, possession of a weapon, and carrying a concealed weapon. His trial date is also June 17.
Hearing set
David Courtney, 59, is contesting an application for a warrant from the crown to deprive him of the right to possess firearms. His case will be heard on January 21st.
First Appearances
John Badour, charged with driving while impaired, impersonating another person, and failing to comply with court ordered conditions. The Crown is seeking jail time and Mr. Badour has qualified for legal aide and has hired a lawyer. He will return on January 21
Tod Boutilier, is charged with operating a vehicle while disqualified. He will also return on January 17
Leslie Dunham, 21, is charged with theft under $5,000. She may be a candidate for diversion. Her charge relates to items that she allegedly took from the Amazing Dollar Store while she was an employee at the store. The court is seeking to determine the value of the items in question, with a view towards Dunham paying for them and avoiding any court sanctions. She will return on January 21.
Ongoing
Lynn Porteous, 56, is charged with operation of a vehicle with blood alcohol of over 80 mg/100ml of blood, and operation of a vehicle while impaired. She will return on January 21.
Patrick Sunstrum, 60, is facing charges of trafficking marijuana, production of marijuana, failing to stop for a Peace Officer, careless use/storage of a firearm, and unauthorised possession of a firearm. He has a lawyer and will return on February 25th to set a date for a preliminary hearing or trial.
