35 Year Delay not an Abuse of Process

Recently, the B.C. Court of Appeal considered whether a 35 year delay in prosecuting a teacher for sexual misconduct with students was an abuse of process. In this case, allegations of sexual misconduct had been made against a teacher in 1976, but for reasons which are not known had not been adjudicated. One of the complainants learned in 2005 that the teacher had continued to teach over the next 30 years and brougt the matter to attention of the Vancouver School Board and new proceedings were commenced. One of the arguments the teacher made was that a 35 year delay was an abuse of process. The Court of Appeal reviewed all of the circumstances and applied the principles described in Blencoe v. British Columbia (Human Rights Commission) 2000 SCC 44. The Panel had determined that there was insufficient evidence of hearing or individual prejudice and that the public's sense of decency and fair play would not be offended by the 35 year delay. The Court of Appeal agreed with this conclusion stating among other things that ...."permitting Mr. Robertson to avoid facing a disciplinary hearing in these circumstances would carry with it a serious risk of bringing the regulatory process into disrepute." It should be noted that there was one dissent, but at this time it is not known whether there will be a further appeal to the SCC. Robertson v. British Columbia (Teachers Act, Commissioner)2014 BCCA 331