1

IN THE MATTER OF AN ARBITRATION

INTO A DIFFERENCE
BETWEEN:
B.C. Public School Employers Association
(Board of Education)
(the Employer)
AND:
B.C. Teachers Federation/Local Association
(the Union)
(Teacher Dismissal Grievance)
AWARD
Arbitrator: Joan I. McEwen
Employer Counsel: Judith Anderson
Union Counsel: Randy Noonan
Dates of Hearing: September 25, 2013, January 20, 28, 29;
February 3, 4, 5, 6, 11, 12, 17, 18; March 3,
2014; June 6, 2014
Date of Interim Award: June 9, 2014
Date of Award: July 10, 2014
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I. INTRODUCTION
The Union grieves the dismissal of a secondary school teacher (the Teacher) on March 15,
2013.
The dismissal was based upon allegations made by a female student (the Student) that the
Teacher had been involved with her in an extremely exploitative sexual and violent relationship
between her grade 5 and grade 8 school years. The Teacher not only denied the allegations; he
claimed his contact with her had been limited to four fleeting occasions in her grade 9 school
yearsolely in his capacity as first aide attendant. Due to the nature of the allegations, the
parties agreed that this award be published in such a way that neither the Teacher nor the Student
can be identified.
As became clear during the opening statements, the case is one of fact not law. Should the
Student be believed, the Teacher is one of the most heinous sexual monsters of our time; should
the Teacher be believed, the Student is a very troubled young person.
Because of the nature of the allegations and the real possibility of other litigation matters arising
from the Students allegations, I accepted the parties agreement to hire and share the costs of a
court reporter to have the hearing transcribed. The court reporter provided the parties and me
with transcripts in electronic form on a daily basis throughout the hearing. When the Student
testified, a safety plan was devised such that the Teacher listened to her evidence from a
different room in the hotel.
+++
The essence of my Interim Award, rendered on June 9, 2014, is as follows:
In February 2012, the Student advised a school counselor (the Counsellor) that she had been
sexually exploited by a then-unnamed person whom she had not seen for about one year before
that time. Over the next number of months, she told the Counsellor, police, and, ultimately, a
school board investigator a variety of iterations as to what had happened to her and who had
done it. On September 27, 2012, after having given many differing and contradictory statements
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to various parties, the (then Grade 10) Student named the Teacher as the perpetrator of sexual
and other assaults on her.
On September 30, 2012, the Teacher was arrested and a charge of sexual exploitation (Criminal
Code, section 153) was recommended by the police. (Less than a month later, the Crown
declined to approve the laying of charges.)
The Superintendent suspended the Teacher with pay on Monday, October 1 pursuant to
Section15(5) of the School Act. On October 20, 2012, the Board of Education confirmed the
suspension and determined that the suspension be without pay. On February 23, 2013, a lawyer
retained by the Employer as an independent investigator (the Investigator) rendered a report
containing the following Conclusions:
On the basis of the findings set out above, I conclude that the Respondent engaged in
significant verbal, physical and sexual misconduct over a number of years. He used
his position of trust as a teacherand as her fathers teaching colleagueto initiate a
friendship with the Student and gain her trust. He then spent time grooming her
with personal attention, gifts and money. In so doing, he successfully built upon the
Students trust, lied to the Student, threatened the Student and engaged in serious acts
of psychological, physical and sexual violence towards the Student.
In addition to this significant misconduct, I find that the (Teachers) outright denial
of the misconduct and related events constituted a significant and conscious effort to
mislead and lie to the School District.
In view of the foregoing, the School District should initiate whatever steps are
available to ensure that: (a) the (Teacher) has no involvement with students in the
School District; and (b) he remain a significant distance away from any and all
schools within the School District.
Further, while I understand that the School District cannot control matters outside its
jurisdiction, I would encourage the School District to share the findings of this report
with relevant third party regulatory and law enforcement agencies so that they will
exercise their authority/legal mandate to take any and all available steps to ensure
that the (Teacher) has no contact with any students, within this or any School
District, on an indefinite basis.
Soon after receipt of that report, the Teacher was dismissed. The Union filed the subject
grievance on April 4, 2013.
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Because of the protracted police investigation regarding the Students allegations, and due to
concerns raised by the Students parents regarding her medical/psychological status, no evidence
was called until January 28, 2014.
The last six of the eleven days in which the Employer led evidence (January 28 to March 3)
consisted of the direct- and cross-examination of the Student. At the end of her evidence, it was
apparent to me, and to everyone, that her testimony was so lacking in credibility as to be wholly
unreliable. For that reason and due to the lack of corroborative evidence, the Employer elected to
call no further evidence and the hearing was adjourned to consider the method course of
proceeding.
During subsequent discussions with counsel, I expressed concernin light of the Students
evidence that the Teacher had repeatedly burned her with a lighter and inserted a knife/knives
into her vaginaregarding the absence of medical evidence. Though the Union had requested
the production of medical records at the outset of the hearing, the family of the Student had
opposed that request and the matter had not been pursued.
I further expressed concern that, though the Student had testified that the RCMP had taken
photos of her burn marks and removed from her camera photos taken of her body, such photos
had not been introduced into evidence.
Of the view that such materials were relevant, I ordered the RCMP to produce them, following
which the Union introduced them into evidence. I am satisfied, for reasons to be discussed in the
final award, that such materials, when viewed in the context of the evidence as a whole, serve to
undermine rather than enhance the credibility of the Student.
Subsequent to the Students testimony, the Union had her diary forensically tested so as to
determine the age of the ink.
By way of background, after the Investigator had interviewed the Student, the Students mother
(the Mother) brought to her attention a diary recently found by the Student, covering the period
from January 2009 (a gift on her 12
t h
birthday) to the end of that (Grade 6) school year. Though
the Investigator described that journal as significantly confirm(ing) the Students evidence as to
what took place during her interactions with the Teacher, the Union (on behalf of the Teacher
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who, on being told about it, immediately said that the Student had made it all up) asked the
police to send it out for forensic ink age testing. The question they wished answered was whether
the diary is authenticwritten, as stated by the Student, in the spring of 2009; or is it, as they
believed, fakewritten in and around November 2012, in response to the RCMPs stated
concerns regarding the absence of corroborating evidence.
Despite repeated requests by the Union, it was not until July 15, 2013 that the police forwarded
the diary to the Canadian Border Services Agency. Though the Agency could not conduct ink-
testing, it performed hand-writing analysis which proved inconclusive. The diary having been
marked as an exhibit in these proceedings, it was not until March 11, 2014 that the Union was
able to send it outat its own, considerable expensefor testing. A month later, Michigans
Aginsky Forensic Document Dating Laboratory rendered a report saying that, due to the length
of time ensuing between November 2012 and March 2014, the ink was too old to reach a
conclusion as to when the diary was penned.
On June 6, 2014, the hearing resumed and the Union led evidence from the Teacher, the Local
Union Local President (the Local President) and KN, the Teachers former wife.
At the end of that day, I advised the parties that I accepted as credible the Teachers evidence
that, up until the Students transfer to his secondary school (SS#1) in September 2011 in her
Grade 9 year, he had never seen her or talked to her before.
I further advised the parties that I was satisfied that the Teacher is innocent of all charges
brought against him by the Student.
The Union requested that, given the Teachers dire financial circumstances as well as the many
other adverse impacts on him consequent upon his dismissal almost two full school years ago, I
render an interim award (reasons to follow) reflecting my disposition of the grievance. The
Employer did not object.
The grievance is upheld and the Teacher is to be made whole at the earliest possible time.
II. EVIDENCE
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A. EMPLOYER EVIDENCE
1. School Counsellor
Soon after the Student transferred to the other secondary school in the District (SS#2) for the
second half of her Grade 9 year, the Counsellor met with her. On February 15, 2012, the Student
disclosed that she had been sexually abused, hurt by a guy, and raped by someone. She said
that, though she had earlier told CD, an outside counsellor, that (on one occasion only) she had
been assaulted by three male strangers, in fact there had been only one rapista 20-year-old
starting when she was 11 and continuing. Referring to him as her boyfriend, she said he knew
her father. She would lie to her parents to meet him, did not consent to the acts committed
against her, and there had been no recent contact between them. The Counsellor reported this
disclosure to the Mother and to the RCMP.
When the Counsellor asked the Student on February 16 whether she had had intercourse with
the man, the Student asked her the meaning of the term. When the Counsellor explained, the
Student said, I dont know, maybe.
On February 22, 2012, the Student told her that, if she (the Student) disclosed the mans name,
she would be in trouble: he would hurt her, kill her, come into her room, etc. Asked if he had
ever been to her home, she said no. Convinced that the level of counselling required was outside
her scope, the Counsellor so notified school administration.
At subsequent meetings later that month, the Student first promised to reveal her attackers name
then backed down. She said that the manwhom she variously called her special friend, her
best friendwas not the classic awful man wearing a trench-coat. He didnt always hurt her.
When he did, he said that it was normalgiven his teaching rolethat it would sometimes
hurt. When he choked her, she wore turtlenecks to cover up the bruises. Throughout these and
subsequent meetings, the Counsellor strove to turn the matter over to an outside counsellor
skilled in such matters.
On March 1, the Student, racked with sobs, blurted out that the perpetrator was John.
Throwing her head down into her knees, she twice screamed John Tillery. (Days later, the
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police advised the Counsellor that, their search for a person of that name having proven
unsuccessful, they had concluded that the Student had likely made it up.)
The morning of Saturday, March 3, the Counsellor received a frantic call from the Student
saying that, while walking her dog with her sister in the nearby park/forest, she had seen the
man; he had grabbed her and said he was going to come and get her. (When later asked about the
incident, the sister said she had not seen the man.)
On September 17, 2012, the Students Father called to say that she had a bruise on her face.
Though she said she had run into a door, he suspected that someone had hit her. The next day,
the Student told the Counsellor that she had seen her attacker by the trees by the road near the
staff parking lot. When she told him she was going to tell on himI was concerned he
might hit othershe hit her.
On September 27, the Student disclosed that the perpetrator was Mr. ___, the Teacher.
In the days and weeks that followedlong after the Teacher was suspended and later firedthe
Student disclosed that the Teacher communicated with her via emails; initiated oral sex in the
context of a game called ring around the rosie; held knives against her throata pocket knife
as well as a scary looking knife; held a lighter to her skin (causing scars); etc. Following her
disclosure on December 4 that she had recently come across an old diary going back several
years, the Counsellor so advised the police.
2. The Student
(a) Chronology
The Students evidence (cross-examination in italics) may be summarized as follows:
Elementary School (ES): Grade 5 (2007-2008)
When I was outside at lunchtime one day, the Teacher came up to me and said, youre (Fathers
surname)s kid? When I said yes, he said he was a teacher in the community and played hockey
with my dad. About a week later, he approached me again, near the teachers parking lot. We
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exchanged school email addresses, he asked whether I was lonely. When I emailed him to say,
hey, he suggested we meet close to my house. I suggested the forest (a park near my home),
so I could take my dog for a walk. Q: Your thoughts at that time? A: I thought it strange, but he
was an adult. We talked for 20 minutesweather, friends, family. We were sitting, walking. It
was fine. After that, we used email to arrange meeting times. Q: Did he give you stuff? A: Small
stuffBarbie clothes, $5, $10. Hed say, thats what friends do.
After I broke my two wrists in November, I was in a cast for two months and didnt see him.
After the winter break, I saw him irregularly, roughly once a week. He had a bike, I never saw
him in a car. He said, if you tell anyone youll get in trouble. No-one will believe you if you
tell. Theres a special jail. Ill kill your dog.
In January, it proceeded to casual touchingpats on the back. Other teachers did that, so it
wasnt unusual. It progressed to more uncomfortable touchingon the breast, butt areas. Hed
say, this is how friends show they like each other. I felt uncomfortable. More than once, he
placed his hand under my shirt and in my pants. He made me put my hand on his genital region
with clothes on. It felt like a tumor. It was disgusting. He showed me pornographic movies on a
hand-held playerpeople were having sex. He told me it was normal. I found it wrong and
disgusting. Q: Did you tell anyone? A: I tried to tell (a teacher). During our sex education talk,
she said we could ask anonymous questions. I asked, Why does it hurt so much? I was
referring to touching, but she, thinking I meant menstrual cramping, said it is normal.
What were you hoping? That my teacher would come to me and talk to me.
In Grade 5, howd you get to school? Mom drove us and picked us up. Did you find the Teacher
intelligent? I thought every adult was intelligent. Funny? Yes. Interesting? Yes. You liked being
with him? At first.
Youd been taught not to talk to strangers? Yes, but I did. Wasnt it unusual to see strangers
hanging around? Other teachers do it, sometimes parents. I didnt feel threatened. He said he
was a teacher, knew my dad, played hockey with him. He later said he taught at (SS#1). Why not
tell your dad? I was 9 or 10, it just never crossed my mind.
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Didnt it strike you as odd that he told you not to tell your parents? A little bit. Bad? No, people
keep secrets all the time. Did you ever worry that someone might read your emails? No. Did you
not think it odd to meet so close to home? Looking back, it was weird. The first time we met in
the park, we talked about familylikes and dislikes. Friends, weathergetting colder, school,
my favourite subjects, moneyhow gas prices were going up, and teachingwhat it was like. He
never phoned you? No, Im pretty sure. He never showed up unexpectedly? Im pretty sure not.
By end of Grade 5, you still thought of it as a friendly relationship? Yes.
Why not tell someone about it? I was 9 or 10. I dont recall my state of mind. Did you consider it
weird for him to be giving you gifts? No, I got birthday presents. Why not tell your friend E
about it? We werent that close.
When did you figure out the relationship wasnt innocent? Probably in Grade 6. In Grade 5, did
you think it a loving relationship? It was OK. Did you tell him to stop touching you? Yes. Did
he? No. Were you scared? Not reallywhen youre told its right, you want to believe it is. I felt
uncomfortable and disgusted, but I felt I had no choice. Though I thought about telling people, it
was tough to find the right words.
Middle School (MS): First Semester of Grade 6 (2008-2009)
Though I hadnt seen the Teacher over the summer, we met in the forest in Septemberarranged
via emailand did the same kind of stuff.
Why not tell someone? He told me not to, or Id get in trouble. Yes, it was a threat but, to me, a
threat is concrete. It was pretty vague. He said no-one would believe me. Then he threatened to
kill you? Yes. Did you believe him? Yes. You must have hated him? A part of him. Scared of
seeing him again? Yes. He said youd never see your parents again? Yes. Any idea what
changed? No. Were you terrified? Yes.
By then, you must have known that he was evil and scary, not someone youd want to be with?
True. No room for doubt? There was room for doubttheres always that what if in the
background. In October/November, he began giving me lessons regarding oral sex, began
getting very threatening.
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Did you have intercourse? Shortlymaybe a monthbefore my 12th birthday. It happened once
that December.
The Teacher taught me how to give him the most pleasure. We had oral sexmultiple timesin
the forest. During the sex acts, he said that I liked it, that he was teaching me, that I wasnt
paying attention. Sometimes, I told him that he was hurting me, dont do this. Hed laugh and do
nothing.
Did you play games? Yes, ring-around-the-rosie. Its not like you think. Some liquid was placed
on the genitals of him and me, and the other person had to lick it off. Did you protest? Of course,
but he said I had to do it because I was a special little girl. Other sex games? Hed take a piece of
paper, then insert a pen into my vagina. Hed watch me write my name. Every timeit happened
two or three timesthe pen went deeper and hurt more. You told him it hurt? Yes. Did you ever
have your dog with you? Yeshe said that, if I didnt comply, hed slit her throat. I was fearful
for my puppy.
He came twice to my house, made me watch porn movies. Hed say he was teaching me.
Every time, he taught me something new. It was normal, he said. He was touching himself.
You hated ring-around-the-rosie? Yes. Yet you invited him to your house? Maybe I did. You
knew hed be abusive every time? Yes. He wasnt a nice guy? No, but I didnt know how to get
rid of him. How many times was he at your house in Grade 6? A few. Twice? Yes. You watched
porn on the VCR? Yes. At that time, it was still a friendly relationship? I dont know.
MS: Second Semester of Grade 6 (2008-2009)
The touching continuedsame, just worse. More painful, more invasive. The aggression with
which he forced me hurt more. What did he do to hurt you? Insert body partshis fingers and
his penis, and objects into my private area, my vagina. Whatever was there: knives, sticks in the
forest. Knives? A: I saw twoone with a bumpy handle, sharp and black with jagged edges,
five-inch blade, four-inch handle, serrated. The other one was a pocketknife with a red plastic
handle and metal lining.
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What would he do with the knives? Hold them against my throat, threaten to cut me, stab me.
Only a few times would he insert them. I bled a lot, there was no cover on the blade. My mom
bought me pads and I used hers. I didnt tell her about the bleeding.
When he inserted the knives, was it painful? Knives are sharp. There was enormous bleeding.
Did you scream? Not really. You didnt have to go to Emergency? No. After he put the knife in
you, wouldnt that have been a good time to go to police? Yes. I thought about it, but never did.
He put branches in you? Yes. They splintered internally? Yes. Hed laugh when I complained. He
was maniacal? He was mean. You hated him for that? Yes.
Occasionally, hed take photos of mein the forest, with his camera. Digitalsmall, black. The
lens would zoom out. There were so manyclothed, not clothed, in every position. Did he show
you the pictures? Not at that time. Your feelings? I felt bad. It wasnt right. He said we were
friends. Did you like having a friend? NoI felt special, but it still felt wrong.
He took pictures of me in the forestmany timesclothed and unclothed. Both still and video.
He also used my camera to take pictures of meso, he said, Id have the memories forever.
When you visited your friend, E, who lived 2 blocks away, did you ever have to phone home? No.
Never? No. But didnt your mom tell you to call home when you got there? No. In Grade 6, were
you an attention-seeker? I wanted to be popular, I wanted positive attention.
When the sex act was over, what happened? Almost every time, the Teacher summarized how I
did then burned me. I have burn marks on my bodybreasts, legs, stomach, genitals. Some are
healed. I didnt tell my parents because I was worried hed kill me.
Hed rate me according to how I cooperated. One second if I was good, three if I had something
to learn, five if I was bad. I was bad a lot. Twos and fours as well. Lots of five-second burns.
He held a flame to your genital area? Yes. Did you have pubic hair? Not in a large amount. You
didnt tell your parents because you were afraid hed kill you? Yes. Did he burn words into you?
Yes, SLUT. When? Maybe Grade 7.
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Was there discussion about you becoming pregnant? Not in Grade 6.
Did the Teacher use a condom the first time you had intercourse? No, later he sometimes did.
Did he ejaculate? I dont know. The possibility of me becoming pregnant was mentionedonce.
Did he suggest you get tested for pregnancy? No.
At my 12
t h
birthday party (January 2009), a friend gave me a journal. I wrote in it from then to
the end of the school year. I included photos because I thought Amelia, the name I gave my
diary, could see. This is the cover page:

Some photos were added later.
A devotee of Twilighta series of novels as well as movie featuring teenage vampiresthe
Student pointed out that the sketch on page 3 of her diary is of her and Jasper, a character from
that series, [The sketch shows a girl and a boy. The girl is identified by two namesthe
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Students first and middle names followed by the surname Hale in one case, and Cullen in
the other.]
The many references in the diary to the Teacher include:
Page 7I havent told you about (Teachers first name), but he is my friend and we
do sex stuff together. He is in love with me. I wrote a song for us when we get
older so then you can heer (sic) it.
Page 9(Teachers first name) is really hurting me and yesterday I was bleeding
and I had to wash my underwear. He said it will stop hurting with more practice.
He was making me lick his private area, and it tasted yucky so I dont want to hurt
right now He loves me more than anyone else though and will teach me how to
feel good because he is a teacher and they teach you stuff like this with the extra-
good students. No other teacher does this, though. Why dont they, Amelia? Am I not
pretty enuf (sic) for them?
Page 15My parents let me get a new email account!!!! Why did that make you
so happy? It meant I could email him in secret. I want to keep him happy, so he
wont hurt (my sister).
Page 17It was really scary because [Teachers first name] was making me lick his
private parts when I said no he held me down and then made me do it I was so
scared and then he burned me with his lighter... It was sad because I was hurting and
bleeding and crying.
Page 20My parents are so stupid because they want me to get hurt. I dont like
it when it goes in. Sometimes I think that it wont fit but then it does and it hurts so
much sometimes I bleed Sometimes I want to do it because I love him and want to
show my love like adults do!!!
Page 28...he made me lick it and then he made me put it deeper in my throat He
said it was called deep-throating it but it almost made me throw-up!!!! It was so
nasty!!!
Page 32A picture of him and me:
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Page 36My parents want it to happen because they never stop me from leaving
the house and going out!
Page 38Some of the things he does I likelike the attention I get because I dont
get it school or at home! He makes me feel special and like I am the best person in
the whole world.... Im so tired of feeling sad.Help me, Amelia!! I didnt tell
anyone because I was worried about the consequences.
Page 42[a photo of the Father holding the Olympic torch] with this note beside it:
This is a cool picture because dad did the torch run for the 2010 Olympics, next
year in Vancouver, and we watched!! I left that page blank and filled it in later.
Page 44It doesnt get better even with more practice.
Page 45I had a new scar on the top of my leg but theymy friendsdidnt
seem to see.
Page 47I really want to die. Im so sad all the time. Everybody is hurting me.
Q: Who do you mean by that? A: Him, my family, my friends.
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Page 51A[The Teachers first name] threw me on the ground and pulled off my
underwear and pants and said, were trying something new. Then he made his penis
stick out a lot and and spit on it. Then he flipped me onto my stomach and put his
(sic) in my bum!! It hurt and was really gross, because that is where I poop. Eww, it
was soooo gross. . It didnt hurt that much because I was floating. Then he
flipped me over and put it in my mouth. He said it was good when I swallowed
some, but it wasnt. Why are teachers so mean?
I want to get married to him when I grow up because sex feels good when youre
married.
After Amelia, did you name your journals? No. What happened to the 10-15 missing pages
what pages did you rip out? Just my drawings. I suggest to you that, because you knew the police
wanted hard evidence, you made up that stuff in your diary? No, the police believed me
without the diary.
The Teacher will say you created the journal after the charges were dropped? Wrong. Youd
been taught journalling? Sort of. Several times in the diary you say youre too fat, but didnt you
testify you wanted to gain weight? In Grade 5, I was trying to gain weight. In Grade 6, I was
trying to lose what Id gained. My friends teased me about my weight. I guess being thin was
more important to me.
On page 7, you say you like talking about sex? I meant like in Twilight. Did you know that
anyone could have read your emails? Ive forgotten that I worried about that.
When you wrote ring-around-the-rosie, were you saying it was the first time youd had oral
sex? Noa diary is not an evidence-extraction machine. I assumed Amelia knew. I found my
diary in my closet. The police believed me, but the Crown wouldnt proceed with the charge.
How could you possibly have known that, over a year later, your dad would be carrying an
Olympic torch? I kept a page especially for that. You suddenly wrote about the Teacher so that
the police would have a last name? No.
Page 53-54: You wrote that anal sex really hurt, but didnt you tell the Counsellor that your first
anal sex was with two men in a car? The Teacher tried to get it in, but it wouldnt go in. I was
floating...Please stop. I guess it worked. I was under the impression it didnt.
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Youve been sexually active with many men? Dont word it that wayjust say I was raped.
You knew what an erection was? I didnt know the word per se. In Grade 6, did (the Teacher)
have orgasms? I dont knowI didnt know what that was until two years ago. You saw semen?
Yes. A few times before the first intercourse? Yes.
Youve kept journals after the Amelia diary? Yesnot so much about this case as about what I
was feeling. My Mother was with me when I burned them. After or before you named the
Teacher? Before. I kept the covers because plastic doesnt burn. Theyd been in my closet.
Have you written plays? No. Short stories? Yes. Considered writing as a career? Yes, but its
hard to make money doing that. Novels? Ive considered it. Would you like to be famous? If its
for something I enjoy. Youve won prizes for public speaking? Grade 7, I came second and went
to Vancouver. In Grade 8, I couldnt go because I was too sick.
Do you read a lot? No. Movies? No, I cant sit through them. TV? When I was 14, I started
watching Law and Order, SVU (Special Victims Unit)all 15 seasons, some of them as many
as ten times. Theyre sexually-based crimes? Yes, though some involve murder as well. Thereve
been 33 episodes in total? We didnt get cable until 2013, so I watched them on my computer.
Is Marishka, the star of SVU, a hero to you?
Which of your two email accounts did you use with the Teacher? Either one, but mostly school.
Were the emails friendly? Friendly enough. I usually emailed him from home, but it varied. Do
you have a smartphone? Since Grade 9, I can text but not email. I never called him. Did he ever
call your home? No, I dont think so.
Did you worry about anyone accessing your school address? No. Yet you were relieved to get a
personal account? Maybe I was.
After your Grade 6 birthday, it was violent almost every time you saw him? Yes. Why did you
keep seeing him? I was more afraid of the consequences of not seeing him than of what hed do
to me when I did see him.
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By the end of Grade 6, you didnt look forward to his emails because you knew that bad things
would be happening shortly thereafter? Yes. You must have hated him horrendously? Yes.
MS: Grade 7 (2009-2010)
As a result of being hit with a soccer ball in September, I broke my right wrist and was in a cast
for 2 months. Though I tried to tell my sewing teacher (about the abuse), she thought I was upset
because of my Math test score.
Did (the Teacher) ever try to choke you? Yes. Hed put his hands around my neck until I shut up.
Squeezed in a a tight fashion. It hurt. Did he leave bruises? I never noticed any obvious ones.
Once time, I had red pin-prick spots under my eyeslike a little rash. When he choked you, did
you fear for your life? At first, but I knew if I shut up it would stop. How did you feel after the
choking? Tired.
Early in grade 7, (the Teacher) introduced me to John in the forest. Tallish, dirty blond hair,
normal guy hairdisheveled. Not skinny, but a bellyhe hadnt worked out. I thought he was in
his early 20s, but he aged very quickly. John asked if I wanted a job. I said yes, because I knew
that my sports cost my parents a lot of money. Did he say what job? He didnt explain. The
upshot? John said to meet him in the middle of the night that nightbetween 12:30 and 1:30
am.just out in front of the forest.
I snuck out and arrived about 1:00 am. John was standing outside his caran old, beige, 4-door,
square front and back. When I walked over, he said I needed training for the job. I said what does
training mean? He said that, because I was young, I needed to be broken in. I didnt ask what
that meant. I smiled. Next I knew, the back door opened and a man pulled me inside. John got in
front. Both men raped me while John laughed and said this is how I get broken in. How long did
it last? It seemed like forever. How did it feel? HorribleI went to bed and, in the morning, I
took a long shower. Did you tell anyone? No, I was scared and ashamedthey wouldnt believe
me.
I set the alarm on my I-pod. My bedroom being at the farthest end of the hallway, I wouldnt
have used the front door, maybe I climbed through my bedroom window. Didnt your dog bark?
No, she wouldnt have barked back then. Shed have been either in the livingroom or playroom. I
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changed out of my PJs into pants. I walked through the park, to the front of the forest. Met John
just opposite the stop sign. No street light. In the cara light on in the front, not in the back.
When the back door opened and a guy pulled you in, were you terrified? I didnt know what
broken in meant. I knew it wasnt good. I didnt screamI worried theyd hurt me more if I
screamed. Why smile? I wasnt really scared of him, I was scared of the situation.
You say they raped you vaginally and anally? Yes. This was the first time youd been raped
anally? Yes. It was terrible, very painful? Yesone man held me down while the other man did
it. Did they hit you? Maybe one of them did.
You were bleeding? Yes. And yet you walked home after, climbed back through your window,
went to bed, got up the next morning, showered and went to schoola normal day? I guess so.
Johns age? I thought he was in his early 20s. I thought all adults were smart. Any interesting
conversations? No. Horrible experience? Yes. You wouldnt want to see John again? I didnt
want to, but I wasnt scared of him. I felt like I had to. He said hed be seeing me again.
The car you got into? Four-door sedan, trunk in back. Did you see those two men again? No.
Next time you saw John? In the daytime, close to original spot. Mad at him? Secretly madnot
really mad, more upset. I was angry but didnt show it. When I said I was upset, he said, you
wanted the job. I said, I didnt want that job. John said you cant quit, you cant back down.
So you did it again? Not technically meI was being forced into it. Why not walk away from
it? When emotions are played out, you dont just walk away. I wish it were that easy. If it were,
thered be no SVU.
You told CD about this? Yes, because it was the truth. What did you tell her? I got the age mixed
up. Why tell her that? It seemed easier. It never happened? It did happen. After Id talked to
CD, I phoned Kids Help Line and asked should I tell my parents? CD had said I should, and
I wanted a second opinion. CD had said that, because it happened in the past, I didnt need to
tell the police. I now know that that is wrong. After dinner, my parents and I met with her back in
her office. I dont recall what she told themthat Id been attacked by three guys. I was crying
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in the corner. Afterward, mom drove me to (my friends) house and mom talked to her mom. My
parents believed me, but it was hard for them to grasp. They didnt press me for details.
Did the Teacher say why he was taking pictures? No. Did you see John again? Yes, many times,
the Teacher was there once or twice. John would meet me in front of the forest, make me get in
and wed drive. Though I hadnt given the Teacher my phone number, he called a few times and
I answered. When? If a week day, after school. If on a weekend, times varied.
You next saw John when? We met in the daytime, close to the original spot. We just talked.
Were you mad at him? Secretly. I was angry, but didnt show it.
What did you and John say about money? I was to give him the moneyI thought Id get
money, but I only received it on a few occasionsno more than $10 each time. Where did John
take you? A hotel in (name of nearby town) (the Hotel). Hed give me the room key, tell me to
have a good time and enjoy myself. He told me what to say when I arrived. I dont remember it
all, I could have the amounts wrong, but it was $30 oral, $100 in and out, and $300 around the
world.
Did he say youd be paid? It depended on what I did. Werent you anxious to know? My first
priority wasnt moneyit was staying alive. Why not stay at home? I felt I didnt have a choice.
What did the first man ask for? I was scared and hurting, so I didnt ask about money. When I
complained that I got nothing, John said thats just the way it is. Anything unusual about the first
time? Just that I got a tip and the man kept his sox on. Was he nicer? They were all mean. They
all hurt me. Did they tell you what they did for a living? One said he was a counsellor, John told
me he was a real estate agent.
What is around the world? Vaginal, anal, oralyou end with the one you started with.
Did John tell you how long youd be in the Hotel? No. He said hed be there when I was done
hed drive me back to the forest. He said that, if I told, Id be arrested. Did he ask you what
happened in the room? No, but hed know, from the money, the kind of sex.
What happened the first time? The lock didnt work. I finally figured it out and went in. A man
was lying on the bed. I froze. After two minutes, I read my script. He laid me on the bed,
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removed my clothes and his, except for his sox. He sexually assaulted me. How did you feel?
Horrible. I couldnt wait to get out. How long were you in there? Half-hour, little more. He gave
me a $10 tip, so I got to keep it.
How many more times to the Hotel? Many times. (The Teacher) drove me once or twice because
John was ill. Same routine every time? Always one person. Were you raped every time? No,
some men just wanted me to lie there while they touched me. One day, I went to a pool. The man
who was there brought me a bathing suit.
They paid me after they were done. I only got tip money. Why did you go? I was threatened. Did
you tell? No, I was scared and ashamed. I was worried about what people would think. John had
threatened mesaid hed take me to a man whod show me what real pain was like. I couldnt
imagine it hurting anymore. How was your body? Disgusting. I would bruise or bleed, depending
on what was happening.
How many Hotel visits? More than twelve. Did John have your contact information? No. When
John called, he didnt say how he got my number. I always answered when he called. My parents
never answered, at least thats what I think. Youd have to ask them. Wouldnt they be curious?
Yes. So they must not have answered? True.
When John offered you a job, youd heard your parents discussing the cost of sports? Yes. What
kind of job did you think it was? Gardening or something. I wanted to pay for my own things.
You must have known, when he said meet me in the middle of the night, that it was about sex?
No. I didnt want to meet him and I knew they wouldnt want me to either, because it was
dangerous. You didnt care? I felt I had to do it to get the job.
What kind of job would that be? I couldnt figure it out. Were you scared to death? I was
nervous. Maybe he said it was for training. I dont know what I thought at the time.
Did you have sex with John? No. Did he act as your pimp? Yes. Did John express concerns that
you mightve showed the police the emails in which you set up appointment times? No, he knew I
wouldntI was scared Id be arrested.
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During that period of going to hotels, what happened to your relationship with (the Teacher)?
Less frequent. Same level of violence? Yes. Did (the Teacher) express jealousy? No. Did you
discuss with him what was happening with the other men? Yes.
Did you practice birth control in the Hotel? No, sometimes they used condoms. Were you ever
checked for STDs? No. When did you get your period? End of Grade 7ish. Werent you
concerned youd get pregnant? No, my period started during the summer and I wasnt seeing
them then.
When did you go to the Hotel? After school or on weekends. Did you miss meals or sporting
events? I dont recall.
[Asked what she remembered about the Hotel, the Student gave a highly detailed description of
the rooms she had been in, as well as the swimming pool area.]
When did the Hotel visits end? Grade 8, just before the start of seizuresMarch seems earlier
than that. Why were they stopped? John said I was too old, so did the Teacher. How did that
make you feel? Relieved. I didnt know what it meant. I wasnt angry, I was mad. Mutually
satisfactory ending? Yes, we trusted each other not to tell. Your relationships with John and the
Teacher ended pretty close in time? Yes. How did things end with the Teacher? I got sick. Did
you have a final conversation? No.
The last time you saw John? I once heard his voice when I was at the Teachers houseafter Id
been at the Hotel for the last time. My visits to the Hotel overlapped with the assaults by the
police officer.
In Grade 7, what else happened in the forest? He had this belt and made me wear it. Like a tool
beltthick around your waist. There was a baton-like thing, 2 feet long, with 2 spikes at the end.
When they touched your skin, theyd shock you. A few times, like your whole body is out of
control. It hurt so much. Id put the belt on and hed tell me to start running. Id feel a shock and
fall to the ground. It was completely overpowering. Your whole body was shaking. I lost bladder
control. Every neuron was firing. I couldnt move. How many times did this happen? A few.
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What else happened in Grade 7? He took me into a deeper part of the woods. There was a board.
It had straps hammered into it. After I laid down, he strapped me down then blindfolded me
and poured water into my mouth [Marked Exhibit 4 is this picture drawn by the Student]:

Did he give a reason? He said it was to wash the slut off of me.
He had three or four jugs of water. I didnt know it was called waterboarding. Probably
happened on a weekenddaylightbecause it last longer than some of the other meetings.
Other things in the forest? I dont want to tell. He made me get into a big hole hed dug then he
made me lie down and he started shoveling dirt over me.[Detailed evidence regarding
suffocating and her near-death experienceI thought Id die.] Though I lost my sock, I was
too scared ever to go back.
The hole he dug was deep enough for you to lie in? Yes, roughly same shape as a coffin. Initially,
I didnt see it. There was a shovel to one side, a mound of dirt beside it. Did you scream for
help? No, I knew that screaming didnt help. Nobody was there. This forest is a common place
for people to walk and ride bikes? Yes. I let out a little cry from the shock. I started backing
away, and he kind of pushed me into it. Once in there, I was so shocked I couldnt move my
throat.
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How could you get buried then just go home? It made sense to me. You never once got medical
attention for stitches, burns? No, doctors cant do anything about burns.
How did the burial alive incident start? He emailed me and said meet in front entrance to
forest. He had nothing with him. When we got to the hole, I saw the shovel and a mound of dirt.
Was he angry? No. So burying wasnt in response to anything? No. You thought you could die?
Yes. Was the weather sunny and warm? I think so. Dont people ride their bikes there? In the
summertime. You sometimes call it the bike-park? Yes. There are lots of bike jumps? Mostly
people go there in the summer. There are some BMX jumps, but theyre not professionally built.
What names did he call you? Once when he was hurting me, he called me K____. What bad
names? Ill write them down, because its like swearing. [Student writes down the words: bitch,
slut, whore, pussy, baby, and cunt.]
What smells did you smell on him? Dirt, pine, andquite a few timesalcohol. Did he act
different at those times? He was meaner and it hurt more. Gifts? No gifts during this time.
In grade 7, you began babysitting children of (Mr. And Mrs. X)? Yes, as well as other
families. My parents drove me5 minutes awayor I biked there. Mr. X drove me home. I once
babysat on a ProD day. Mr. X never did anything to me. Did you say he is a perv? Hes just
weird.
What stands out from Grade 7? The hurtburial, water-boarding, When? Probably after I met
John.
I suggest that you told the police he called you K____-with-a-K because you knew, from the
Internet, that thats how the Teachers ex-wife spells her name? Not so.
How did you know about the Kids Help Line? Signs are plastered all over our schools, on
chocolate bars, etc. We learned through ENITY to sing the phone number to the tune of
Camptown Races. Anonymous? Yes. Why not call sooner? I was scaredafraid theyd track
down my call. When I phoned, I was panicking.
MS: Grade 8 (2010-2011)
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In Grade 8, Mrs. X was my teacher. She was tough regarding homework .I became ill
vasovagal syncope, a fainting conditionand, in April 2011, I had my first seizure. They
continued until February 2012 when I transferred to (SS#2).
In December 2010, I began fainting. Was the Teacher calling you his special friend? Rarely.
Over time, it annoyed me. You didnt call him a special friend? Not later. You knew by April
2011 that he was a monster and torturer? Yes. I never did think of him as a lover or boyfriend.
When you started Grade 9 at SS#1 in September 2011, you knew the Teacher worked there? Yes.
You were attended to by him during your seizures? Yes.
I stopped seeing the Teacher in April of Grade 8 because I got sick. Asthma as well? Yes. Eating
disorder? Never diagnosed, though I would self-diagnose that condition: bulimia is purging
more than twice a week over a period of at least 3 months. I had tendencies since Grade 6 to
maybe Grade 8. I saw Dr. N., a psychologist at BC Childrens Hospital, for a few months in
Grade 8. What I had is complicatedEDNOS: eating disorder not otherwise specified.
Have you seen a psychiatrist? I had an evaluationin the last two or more years, but was never
under the care of one. Why the evaluation? I think it was to ensure I didnt have an eating
disorder. What psychologists have you seen? Dr. N., CD, and Dr. B., my current one. Why Dr.
N? Shes a neuro-psychologist regarding non-epileptic seizures. Mine were deemed non-
electricalno non-psychological reason for them. Did you discuss with her issues of sex
abuse? No. How often did you see her? Initially, once a week then once every two weeks, then it
dropped down to once/month.
You knew they were looking for a cause? Yes. I only told CD at the very end. You told her youd
been raped by three men in a car? Yes, but it was only two. After that, your medical problems got
better? Yes.
On April 13, 2011, I gave a French-language presentation on child abuse. Why that topic? To
bring awareness to the subject and, hopefully, to have a teacher ask if I was OK
Q: Though the speech contains statistical research, you refer at the end to abusive parentsno
mention of strangers or teachers. The speech seems cold. A: If it were cold, I wouldnt have won.
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Q: Not much of a cry for help? A: I thought someone would notice because its not a typical
topic.
The day after my presentation, my seizures began. I last saw John one week before the speech.
Hed dropped me off, said I was too oldNo-one wants you anymore. He was matter-of-fact. I
was relieved. Friendly? As friendly as you can be in that kind of situation.
In Grades 7 and 8, I went to the Teachers house. He would pick me up in the forest, once at my
house. In his vehicle? Not a van, not a car. Grayish, not silver or black. Id be in the back, hed
make me lie down. When we got to his house, hed blindfold me and take me down the stairs
into the special roomsmallish: bed, chair, desk. Theme? Disney princess. The blanket was
Cinderella & Sleeping Beautypink, pink pillows.
Were you blindfolded every time? Yes. Did you go to his house in Grade 7? I dont recall. It was
a few months after Id met John.
In some of the pictures he took, I wasnt dressed. In others, I was dressed up in clothes he made
me wear. Pigtails, sundresses. Did he say why? So Id look younger. Why did you agree? I didnt
feel I had the optionbecause of what hed done to me. I felt I had no choice.
What happened when you were there? I was forced to lie down on the bed. He tied a sheet
around my waist so I couldnt move. He would burn me with a lighter, shock me with the baton,
hurt me rape me. Did he give you drink or food? Hed give me water. It made me dizzy,
nauseous and confused. I fell asleep almost every time. Id wake up sore, sometimes bleeding.
Was anyone else ever there? I once saw John at the door.
Also, there was another person a few times. I dont know his name. Tallish, chunky, dark hair,
cropped short. Brown eyes, brown hair. In uniform, a police officer. His shirt? Dark blue, navy
blue, short-sleeved, belt and tools, silver badgedifferent yellow lines on his sleeve (Exhibit 5).
He showed me his badge. It was coolera star and it was grey. With blue lines in between. A
bigD in the middle. [The Student draws both badges and they are marked exhibits 6 and 7]:
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He said he was a police officer. When I resisted, he said, Im a senior corporal and I can do
what Iswear wordwant. He wanted me to lie there, and then he assaulted me. He raped me
and hit me in the face while he held a guna black hand-gunto my head. He took out the clip
and put it back in. He got it from a holster on his right side.
I looked at the tattoo on his left shoulderChinese lettering in black. Smaller than my hand, you
couldnt see it from the front. Were the police officer and the Teacher ever there at the same
time? A: Yes, I was on the bed lying there, groggy. My head was pounding.
Q: Describe the effect of all of this. A: I dont know where to start. Ive just been diagnosed with
PTSD. I have frightening nightmares, wake up screaming. Im fearful of everyone. Ive only
recently begun talking to boys. Im scared. Every day I think of it. It has damaged me in ways
Ive only just begun to understand. Im in counseling.
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What triggers a flashback? Smells, the retelling of the story. The schoolwork. Im missing lots of
classes. I feel alone from my friends, I dont know as much as them. Eating issues? No. Seizure
issues? No.
Did he force you to go to his house? Yes. Were you scared? Yes, I didnt know where I was
going. I first saw the police officer more than a month after the first time at his house. By then,
hed subjected you to enormous abuses? Yes. All kinds of sexual torture? Yes. Being pushed onto
the floor of his car was terrifying? Yes. You never wanted to go to his house? I did when I was
little, but I never asked. On the way there the first time, he said he lived in EF [a small town
25 km from SS#2].
Was a camera set up in the special room in his basement? No. He wanted you to wear special
clothes? Yes. Where? In the forest and at his house. In his house, I had to put on two different
sets of clothes. He made me change my hairstyle. The walls in the special room were a light
colour. No dresser, no closet. I dont recall a mirror.
The Teachers been to my housea few times. Any room for doubt? No.
What happened the first time you saw the police officer? I was there before him. Was he
friendly? No, assertive. Polite? No. Abusive right away? No. I was partially dressedbra and
underwear. Id taken off my clothes because I knew theyd be taken off and I didnt want them
ripped. Easier if I did it myself. Had the Teacher ripped your clothes on earlier occasions? Yes.
Badly? I had to sew some of them to close the holes. Others, I never wore again. How many
times? A few. In the forest? Yes. When? A year and a half after I met him.
What was police officer wearing? His uniform. No jacket, a short-sleeved shirt. I only recall one
chevron. There was writing on the bottom, but I cant recall what it said. Patch at the top of his
sleeve? Yellow square thing, it looked like a pocket. Were there words on the patch? I dont
recall any. There was a simple badge on the front of his uniform, but he produced the second one
from a pocket on his belt. I dont recall if either had a police number on it. When showed me the
second badge after he assaulted me, the badge struck me as cool. He wasnt cool, but the detail
on it was pretty neat.
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Did you know he was coming? No, I was expecting the Teacher to rape me. Were you happy to
see a police officer? Yes. Did you call out for help? No. Did you say, arrest this man hes been
raping me? No. I pulled up the blanket to cover me and let out a sigh of relief. I thought he was
there to arrest the Teacher. He pulled back the blanket and attacked me. He raped me. Did you
talk after? No, he was talking sex stuff the whole time. Any friendly discussion? No. How long
was he there? Forty minutes, maybe an hour. You thought he was there to arrest the Teacher
because of all the illegal things he had doneburning you, sexual assaults? I had theories. Yes, I
probably knew that tying me to a tree and assaulting me was illegal.
Did you and the Teacher talk before the police officer arrived? Yes, he said stay there and keep
quiet. It was no longer a friendly relationship? No.
Tell us about the second time you saw the police officer. He was sitting in a chair, close to the
desk. Clear recollection? Yes. I wouldnt forget it. How long after the first time? A few weeks
he was in uniform again. When he got up to meet me, he offered me a glass of water from a
bottle then he pushed me onto the bed. That day is foggy. I dont remember what happened or
whether the Teacher was there. I must have passed out. I dont remember anything until I woke
up in my bed at home.
Youve heard of the date-rape drugno smell, no taste? Yes. You were unable to fight back? I
dont know. But your theory is that you were drugged? I got that theory a few years later, I
didnt know about it then. Unconscious? I dont Recall. What time did you wake up? Next
morning. Was it a school morning? No, either Pro-D or weekend day.
Was this the first time youd been drugged? No, it happened when I was youngermaybe Grade
7. But it was different.
The third time you were with the police officer? He arrived two or three minutes after mein his
uniform. I was fully clothed, not expecting him. My memory is best about this time. I asked him
why he was doing this. I asked him if he could stop as he was hurting me. He laughed and said,
this is part of the job of coming to the house. No friendly discussion? No. He removed my
clothes, and his belt and pantssame as first time. This was the time he drew his gunbecause I
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was fighting back. He wanted me to be submissivewhich I became when he held the gun to my
head. Id been submissive the first time. He hit my face the third time, with a closed fist.
When the Teacher picked you up this third time, was your mother home? No, maybe my sister
was. Where did you say you were going? Es house for the day. When did the blindfold go on?
When he opened the back door. Was there a bump on the floor where you were lying, behind the
back seat? No. Did you talk during the trip? No. How long? About twenty minutes. I was scared.
Why not stay home? I dont know.
Were you shocked when he blindfolded you? Yes, when he told me to lie on the floor, I said no.
He said, you are, then he gave me a little push. Did you scream for help? No.
After the assault, the police officer stayed in the room, opened a bottle of water. He was out of
breath. I was just lying there, crying. He asked how I was feelingprobably not genuine, but he
wanted to know if I was OK. I just kept crying. I turned to the wall. He sat on the bed, stroking
my hair and said, It sucks to be a girl, doesnt it?
Had you ever seen a similar uniform? No, it wasnt like the RCMP ones Ive seen. Different
shirt, no yellow stripe on pants, ugly black shoes. Did you think about what police force he was
on? It never crossed my mind. I thought all police belonged to one force.
Did the Teacher introduce you to anyone else? No. Did he say he wanted you to meet others? I
dont think so. Didnt he say he had a list? I dont think so.
I last saw the Teacher in September 2012. Does he have tattoos? I dont recall. Anything unusual
regarding his neck and shoulders? No. Notice a large bump on one shoulder? Not super-
obvious.
When you got sick, you stopped emailing the Teacher? Yes. Werent you afraid of what hed do?
No, I was really sick and had other things on my mind.
SS#1: First semester of Grade 9 (2011-2012)
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In Grade 9, I attended SS#1 for the fall semester only. I was having seizures, attending part-
timefinally, just for french. My french teacher was weird, but gave less homework than Mrs.
X. I told my mom that the first aide attendant, the Teacher, was a creep.
Creep? Yes, he got too close to me. Hed say, Youre really pretty, or you look nice. It was
awkward. Was he the reason why you left? Being sick was a major reason. The teachers werent
that great at that school, and my friends didnt make a compelling case to stay. Id heard things
from my dad, I knew the better teachers were at SS#2. Was your mother still studying nursing?
Yes, though in my Grade 9 year shed taken a year off.
Id been seeing CD, and I told her I was attacked by 3 men in a car one night when I snuck out
of the house. Why tell her? It was the truth. Why make a disclosure? To get help. My secret was
causing me to be ill. After I disclosed, my medical problem got bettermy seizures were
decreasing. What did CD do? Brought in my parents and said, without giving them any
particulars, that something important had happened. How did that make you feel? As though it
wasnt important, as though I was making a big deal out of nothing.
Why didnt you tell CD about the teacher? I didnt trust her. She shouldnt have let go of what I
told her. She never phoned the Ministry.
After you woke up from your seizures at school, were you shocked to see the Teacher? No,
theres a post-ictalvery groggyphase. His presence didnt bother you enough to say no? My
mom knew I didnt like him. I told her he creeped me out. Did she say anything? Yes, but I dont
remember what.
By Grade 8, surely you understood what an orgasm is? I learned at ENITY why they happen, but
I didnt know what it looked like. But dont you know about it from watching SVU? I started
watching it at 14. They dont talk about that. I didnt know about physiology back then. What
about when the Teacher ejaculated? Hed say it was normal, referring back to the porn movies. I
wasnt sure ejaculation and orgasm went together.
SS#2: Second semester of Grade 9 (2011-2012)
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Why did you transfer to SS#2 in the middle of grade9? To be more comfortable and for
convenienceSS#2 is five minutes from our home. Also, better friends and better teachersI
knew them through my dad. Also, to get away from him.
Did you have any seizures that semester? No. I played baseball and developed a close
relationship with the Counsellor. Why make disclosures to her? I wanted help, I didnt want my
seizures coming back. I told her the same story about the three men. In my first RCMP
statement, I said it was one guy, a John. I said I was introduced to him by the Teacher in Grade
7 and I gave his first name only.
On March 3, 2012, (my sister) and I took our dog into the forest to throw sticks. When I saw
John, I told (my sister) to take the dog and run. When I confronted him and told him to leave me
alone, he threatened to kill my family that night. Terrified, I ran home and called the Counsellor.
Your sister didnt see him? No. Youd been told to call the police, but you didnt tell anyone? Im
scared of calling 911. Its pretty scary. Ive heard my mother do it a lot.
John grabbed my arm and said he was going to kill me. He said I was too old. I was scared of
what he could do to someone else. I ran home and called the Counsellor, told her he was coming
to my house. I thought he could find out where I lived. I didnt call the police because I didnt
think theyd do anything.
Had Johns character changed? Though he took me to the Hotel, he wasnt as bad as the others.
But when I said, Im telling, he grabbed me. Maybe he never thought Id do it.
When the two police officers came to my home, I described Johndark hoody, jeansbut I
didnt know who they were. I was dysfunctional. I was struggling with my mental health issues,
kept being pulled out of class, etc.
Why were you happy to go to SS#2? Because my friends had been bullying me. Too much
pressure to stay popular. I was always on edgeworrying about what I wore, how to stay thin,
my hair. You had to have a crush on a guyor lieto be accepted. Though I worried about not
being thin, the girls said bad when I ate, called me fat. By Grades 8 and 9, I thought I should
gain weight so people would leave me alone. Did it work? Yes.
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In Grade 9, I wasnt around very much. I hear now just how far my friends went sexually. I
would listen, they wanted my input from ENITY (Educating New Ideas Toward Youth)
regarding where to get tested, birth control, etc. Did you experience trauma with these
questions? No.
SS#2: Grade 10 (2012-2013)
In September of my grade 10 year (September 2012), I began working for ENITY. In that role. I
talk to students in grades 6-9 about such things as stress, anxiety, drugs, sex, etc. We receive
training from a public health nurse every Monday. When we go into the schools, we show up
with condoms, explain lubricants, talk about STDsa little bit in Grade 8, more in Grade 9. I
applied for the job because its a good opportunity to teach, I felt I could do it, and it would look
good on my resum. Plus $10/hour. I enjoy the presentations.
Q: You were upset when a teacher referred to you making an oral presentation? A: Yes, thats
why I asked my teacher not to use those words. Q: So wouldnt your involvement with ENITY
bring flashbacks? Once but, honestly, understanding the body better helps.
Did an ENITY person come to your Grade 6 class? Yes, mostly naming body parts, hormones
and changes that were coming. In Grade 8, condoms are mentioned, but you can only show
students a female condom. Theyre pretty freaky.
When I learned, in the summer before Grade 10, that the Teacher would be my math teacher, I
asked my mom to arrange for me to be in someone elses class. I couldnt be in his class.
On the first day of Grade 10, I was shocked to learn that he was my AGAdvisory Group
teacher. When he said, You remember me from SS#1? I said yes. What I didnt say was, I
also know you from somewhere else. That night, I took an overdose of Tylenol and was rushed
to the hospital where I stayed three days. I didnt mean to kill myself, I just needed help.
The half-hour AG class was nowhere near as intimate as him dealing with your seizures? Right.
Did you talk to your mom? I dont recall. I was distraught that day, so I dont remember much.
Id told her, in the summer when the schedule came out, make sure Im not in (the Teachers)
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class. Did you also tell your mom that Mr. P., a teacher at SS#1, upset you? Yes, I said he
was a perv.
The week of September 10, I tried out for the volleyball team, and attended a practice that week.
The Teacher was the coach. I stayed only 40 minutes then called my mom to pick me up. Hed
commented inappropriately on my friends tank-top, and I told my mother about it.
When was volleyball practice? Not sure I didnt go to the soccer practice Monday evening.
Your parents have been very protective of you? They are now. Did you ever tell anyone they
were emotionally abusive to you? No. Friends? Yes. How were friends abusive to you? Belittling,
teasing me; anonymous comments on Facebook; ditching me, talking behind my back. Calling
me names. E was a good friend? Yes. I was very popular in Grade 6. In Grade 7, she and I were
out of the group and, in Grade 8, E was popular and I was acknowledged. E and I were close
throughout.
Youre very close to your sister? Yes. Your dog? Yesshes medium sized, excitable chases
things. Im assuming she barks? She does now. For the last two years, shes slept in my room.
Before that? On her mat in the livingroom or playroom.
Your family is a sports family? Yes, my mom plays tennis, I play lots of sports. Including
triathlonthe swimming partin Grades 4 to 6. Grades 3-6, competitive swimmingmany
times a week. Then I injured my shoulder. Basketball: Grades 8 and 10 for school. Volleyball
since grade 6-8. Weekly practices and one game/week. Sometimes, both swimming in the
morningeating cereal in the carand volleyball before school.
In Grade 7, I started playing softball. Dad plays slow pitch. At games, my sister and I would
throw. Also in the field. Tennis? We played as a family in Grades 4 and 5.
Most of the visits with the Teacher in grades 5 and 6 were in the forest between after school and
dinner. Did you ever miss a meal? Yes, Id tell mom I was eating at Es. She didnt require me to
call her when I got there. Q: If your mom told the police otherwise, would it be a lie? My mom
doesnt lie.
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In the fall of Grade 10, did you always make Monday night practices? No, but I always made
Sunday games. I got my drivers license in February 2013, after Id been seizure-free for a year.
Were you able to drive to games? No, because it was just an L, parents or other families drove
me.
Did you play softball in the fall of 2012? Games dont start until March, but wed been
practicingWednesdays and as a family. We never stop thinking about it. Its our favourite
sport.
On Monday, September 17, my mom drove me home for school blocks B and C. I came back for
science with Mr. H. To get there, I walked thru the right door into Physics, then on into Mr.
Hs chemistry class. After Block D, I went into the science room to confront (the Teacher). I
froze, just stood there. When he approached me, I said, youre not going to get away with this.
Then he grabbed my arm and punched me in the face. It hurt. I ran out, splashed water on my
face in the washroom, and left. No-one else was there.
Its chaotic when bell rings? Yes. After class, I went to my locker to get books for homework. I
hung out with friends a few minutes. With my knapsack on my back, I went into his classroom. I
wasnt sure he would be there, but he was.
I was scared for my friend because of his comment at the volleyball practice. So Id decided to
confront him, tell him I was going to tell. He grabbed my forearmleft, I thinkand left a few
marks, bruises. Then hit me in my face. Was he facing you? Yes, he might have let go of my arm
before he hit me. Im right-handed. He punched me with a closed fist. Had anyone else done that
to you? Yes, one of the men in the Hotel. Being punched by a teacher is a shock? Yes, being
punched by anyone is a shock. You must have cried? I had a few tearsit stung. I ran out of the
class, I dont know if I was running. I went to washroom to make sure I wasnt bleeding. I
splashed water on my face and left.
Have you seen a video of yourself that day? No. Did you see anyone, did anyone notice? No, Im
upset all the time and no-one seems to notice. I went to ENITY, but not soccer practice that
night.
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Youre saying that your fear of what might happen to your classmate overcame your fear of (the
Teacher)? Yes. When you were chatting to your friends after school, you werent thinking about
confronting him? Id thought about it throughout the day. Even during Science 10? No, we were
doing a chemistry experiment and you have to concentrate. Was it spur-of-the-moment? No, Id
thought about it, though not 100% sure I was going to do it. I was scared.
You decided it was time to stop protecting him? Yes. So you go to the person youre most
terrified of in the whole worldnot your mom or the police? Im pretty afraid of the police.
[Short video is shown of the Student walking into the washroom and then, a few seconds later,
walking out.] Now that youve seen the video, would you agree you show no signs of distress?
The video supports everything Ive said. I didnt know you had that video.
My dad drove me to ENITY3:30 to 5:30 pm. When Mom picked me up, she asked what
happened to my face. I said Id walked into a door. When my dad confronted me assertively, I
said the same thing.
When you got hit, did your mom ask, was it the Teacher? Yes, maybe. You denied it? Yes, I was
crying. I think I said I dont want to talk about it.
Between September 18 and 26, I missed many classes and was seeing the Counsellor regularly. I
was scared, had flashbacks, couldnt concentrate. I was a wreck.
On the day of the Terry Fox Run, I disclosed to the Counsellor that the Teacher was the man
whod hurt me.
On September 30, I gave a second RCMP statement. Why disclose his name? I felt my friends
were at risk of being hurt due to his comments at the volleyball practice.
After that disclosure, how did you feel? Bad, hard to concentrate. Any medical issues?
Progressive allergy issuesIm allergic to dairy and glutenId had since Grade 8. On
Halloween, Id eaten a Tootsie Roll. My inhaler wasnt working and I ended up in the hospital.
Now that youve had a chance to read the statement E gave the police, can you comment on it?
Shes described our relationship perfectly. We wanted to be popular, but Im not sure we wanted
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a boyfriend. Did you tell E about anything wrong in your life? No. You never talked about sex? It
shouldnt be part of a kids life. If we talked about sex, it would have been in the context of
Twilight.
Did you talk about teachers? We talked about how creepy Mr. V. was. I know that that is
wrong. I knew a lot of highschool teachersthey came to our house for socials. E made no
mention in her statement of bruises, etc, though you played outside a lot together? We built a fort
on the beach. Wed go inside it and talk while our dogs chased the geese. Little kids dont notice
things. Now I know letting our dogs chase the protected geese was wrong.
(b) Disclosures
February 12, 2012: First Police Statement
You told Constable B. that, though some of what you told CD was made up, from then on youd
tell the truth? Yes. You said you didnt trust Dr. N.? Yes, because she told my parents I had an
eating disorder. You said one of the reasons you left SS#1 was because of Mr. P? He made me
feel uncomfortable. Why hone in on him? I was scared, so it was safer to say someone else.
You felt lots of pressure from your dad to be good at everything? Yes.
You refer to a long walk with your dog when you were ten? I was talking about John. You told
Constable B. that someones older brother knew him? (no answer) You talk about someone
coming to your school? I was talking about the Teacher. Biking with him? Yes, in the bike park.
You gave a description of the Teacher, but it sounds more like John. [The Student gives a lengthy
and confusing answer about eye colour and mixing up the two men in her memory.]
Did you tell Constable B. you called him your special friend? I didnt call him that. When I said
the Teacher called my house when I was 11 or 12, I mustve been confused. He never called my
house. John called my house. Did you think your parents knew about John? I was hoping theyd
drop it. I was confused and scared. I was trying to make light of it. I dont lie now.
You never told Constable B. your attacker was a highschool teacher who played hockey with
your dad? I was probably talking about John. I was very scared, mixing up facts. I never went
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biking with John. You said you saw this man in town by mistake? I havent seen either of them
since I got sick.
Why did you say, maybe its a crime? I had an idea, but not when I was younger. It wasnt
until last year that I fully accepted that it was rape. How did that come to you? I didnt want to
be a victim. I knew it wasnt right, but its hard to accept that beyond a reasonable doubt.
Theres a lot of guilt and shame. I was worried Id committed a crime.
Speaking to the police is intimidating. Im still scared of the police. Q: At the end of that
interview, Constable B. asked if you lied, and you said youd promised not to. A: At that moment,
it was my truth. I didnt intend to lie. You mix things up when youre scared. With counseling, it
gets better.
Post-February 12, 2012 Disclosures
Whos the fellow you described to the Counsellor on Wednesday, February 15, as being 20
years old? JohnI thought he was that age. I dont remember any of this. I was mixing him and
the Teacher up. Did John call you his best friend? No. Was it John who said, Youre __s kid?
No. Did you tell the Counsellor that his parents were friends with your parents? I dont recall.
Why would you say that? I dont recall. Did you say youd lie and go to his place instead? I
dont recall. Im mixing it up.
On Thursday, February 16, you told the Counsellor it happened three years ago? Technically,
that was right. You didnt say it was ongoing? I was mixing things up. No mention of burning,
etc? Cut me some slack, Im not just going to blurt it out.
What about you telling the Counsellor that three men attacked you when you were 11? The part
about the three men was true, but I wasnt 11. Did you tell your mom youd once gone on a long
walk and met up with him? I guess so. Three years ago? I dont remember talking about this.
John was in his twenties. He aged very quickly.
Why ask the Counsellor the meaning of sexual intercourse? I was embarrassed. You watch a lot
of TVER, etc? Yes. Youre familiar with medical terms and, if you dont understand something,
you look it up? My mom can explain a lot because shes a nurse.
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Did the Counsellor keep reminding you to tell the truth? Yes. Did you tell her the man had never
been to your house? Yes, but then I said, I cant tell.
The February 28 police interview occurred ten months since your last sexual contact with the
Teacher? Yes. You said youd know the Teacher was present because hed be visible in the forest
when you were driven home from school? Yes, it wasnt true. Im not sure why I said it.
On February 29, did you tell the Counsellor that the man was nice? He was, in the beginning. I
felt guilty, responsible. He wasnt a trench-coat kind of guy. He was much worse? Yes, but he
kept me alive when he could have killed me. But you hated him? I still do. There was some part
of him that was salvageable? Yes.
Did you say it didnt always hurt? Yes. Q: But he stabbed you. A: I knew it was wrong. Its tough
to wrap your mind around. Q: But you were 15? A: My counsellor says psychological aging
stops when a disorder starts or when really bad things happen.
Did you use the word stalkerish? I dont know what I was talking about. But youd promised
to tell the truth? It was my truth, I never intentionally lied. You blurted out the name John
Tillery? John had told me no-one would believe me because I didnt have his last name. Making
up a last name was not a deliberate lie. Q: Did you expect the Counsellor to believe you? A: I
didnt expect anything. I believed I had to give a name. Q: Didnt you tell her you wanted to
make a formal statement? I guess so. I was happy that I at least said John. No mention of the
Teacher? Obviously.
When you told the Counsellor that he smiled and winked and it creeped you out, did you mean
the Teacher? Yes, but I didnt want to believe it was him. Youd already decided you were going
to tell on him? I hadnt decided. But hed hit you? I was scared. My fear wasnt overcome. I
was still terrified, but I knew I had to do this.
Victims of domestic violence dont turn on their abuser just like that. Why not tell the Counsellor
the truth? She asked if the man was here and I said nothing. Thats not a lie. You said that,
when youd seen him just off the school property, hed grabbed you and hit you? Yes.
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On September 27, you finally told the Counsellor it was the Teacher? Yes. Your story kept
changing?. Subconsciously, I was mixing it up. Youd never before then mentioned a middle-
aged man/teacher. No.
September 30, 2012: Second Police Statement
Q: Let me read to you what you said about having intercourse. A: I dont want you to read it. Q:
Arent you suggesting the first time you had oral sex was when you first had intercourse? A: No.
You said he came to your home and showed you pornographic videos? Yes and, when I said they
were disgusting, he said, thats what friends do. Was that the first time hed showed you
movies? No.
You made up the Teachers name after your mom said his name? No. You made up the story as
you went along? No. He was at your house a long time? Yes.
You said, I dont know if thats his name? I called him [Mr. __]. Is that all you knew? No. You
told a flat-out lie? I knew his name. Id never called him by his first name. I never really called
him anything. What Id say is hey.
Q: You hadnt thought your story through. At the time of this interview, you said nothing about
all the abuse to which youve attested in this hearing. You just made it all up later. A: I didnt
have to think my story through. I knew my story. Q: Well, lets go through it some more and see
if it gets any better.
[After saying Shut up! to Union counsel, the Student turned to me and said, Seriously, youre
going to let him do that to me? It doesnt get better. I was tortured. It doesnt get better. You just
dont go in and tell the police. I was scared of the police. After a lengthy break, cross-
examination continued.]
Do you remember the colour of the Teachers eyes? I dont recall. You said youve never seen
him without a beard, now you say you think he had a beard? I say think when Im nervous.
Why no mention of him playing hockey on the same league as your father? The Constable was
asking how he knew my father, so I said he was a teacher. I told the truth. Why not tell Constable
B. you had his email address? I was scared to tell the truth.
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You said youd met the Teacher once in middle-school when your mom went to SS#1 to do a
cooking demo? Im not remembering that now. Sometimes that happensthey call it suppressed
memory.
Did you tell the police that the Teacher broke up with you? I wanted to be loved. I said he could
do whatever he wanted. Breaking up was talked about, but it didnt happen until I got sick.
You said the Teacher had hit you once before September 17, 2012? Yes, a few years ago, hed
slapped me on the face because I was locking my legs. But he never really hit me, he wasnt
really violent. But that wasnt true, was it? I was just answering the questions they asked. I
didnt want to be answering any questions. They never asked me if he was violent. He wasnt
really violentnot compared to everyone else. I was talking about that incident.
You told the police youd never gone to the Teachers house? Yes, it was wrong. I was a kid. I
was scared that, if I talked about his house, Id have to talk about what happened there.
You told the police you didnt think youd ever gone in his car? Yes, its not true. I was scared.
Asked if the Teacher had ever written to you, you said that, though you always journal, youd
burned every journal except for your present blue one? I said Id ripped out some of t he pages to
record my softball training.
October 26, 2012 Disclosure to Counsellor
On Friday, October 26, a boy said I was good at oral presentations and it freaked me out.
You told the Counsellor you were burned a lot? Yes, I was bad a lot. Did you tell her you
couldnt remember the Teachers email address? Yes. I didnt want to say.
December 2012: Statement to Investigator
This was the first time youd told anyone that, when the Teacher first approached you, hed
mentioned playing hockey with your dad? Oh, Okay.
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You said that the movies became more detailed as your relationship with the Teacher developed?
I dont recall telling her that.
Is it true, as you told her, that you often skipped swimming because sexual intercourse with the
Teacher led to bleeding and you didnt want to bleed into the pool? Yes. Your moms reaction at
your skipping swimming practice? If I claimed to have the stomach flu, she was OK. Im not the
best when it comes to going to practicesmy dad made me go.
Is it true, as you told the Investigator, that the Teacher inserted a tampon because he was
worried about you becoming pregnant? I never made the connection, though he mentioned
several times about me becoming pregnant.
You said that the Teacher became more violent in Grade 7hed hold you down, slap you, pull
your hair? A: He didnt like me resisting. He bit me. Did he leave bite marks? I dont know.
You said that, on one occasion, he cut you by accident. Why not tell the Investigator that he had
inserted a knife/knives into your vagina? Id just met her and didnt want to go into the
painful stuff.
You assured her that, except for the original identity of the offender, everything you said was the
truth? I guess so. I couldnt remember all that I said. It was important. She believed me.
Further Disclosures to Counsellor
On January 8, 2013, you said that the Teacher had burned the word SLUT on you with a
lighter and that you still see it. Was that your first disclosure of this? Yes, I told the police later.
What interactions occurred regarding Constable B. and your camera? She took my camera and
found pictures of me on it. Didnt your mother download pictures? Only if I havent locked them.
I havent seen the ones recovered by the police.
You said he called you K____ with-a K more than once? I dont remember thisI told you
what I remember at the time.
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You said the Teacher gave you a list of friends he wanted you to meet? I dont remember this. I
can only tell you what I remember. Didnt the Teacher say why he wanted pictures? I dont
remember. Did he take pictures of you in his house? I dont know.
On February 22, you told the Counsellor he took pictures of you four or five timesincluding at
your house, in your room, up against your wall? I dont remember him taking pict ures of me in
my house. You mentioned how much it hurt when he put a thick stick in your vagina. How old
were you? I dont know. You said that, when you asked him why he took pictures and filmed you,
he said it was so he could advertise the merchandise. It that true? A: I guess so.
You said a camera was set up in the special room? Yes. I dont now remember it ever being
there.
You said that, when he took you to his house, you were blindfolded every time? Yes, but one time
I peeked. Once, when I got out of the car, I looked down below at the ground. If I looked up, I
could see more.
Why tell the Counsellor you rode in the back seat? Its the same thing as the floor behind the
back seat. When (our dog) goes into the back seat, thats what it means. Why not tell the
Counsellor you had to lie on the floor? (No answer)
How are you able to describe the property so well? When I was in the car, I saw through the
back window. Thats how I saw the street sign. You couldve driven there recently. Are you
kidding? First, I only have my Llicense. Secondly, my parents would never let me go anywhere
near his home.
Describe the property: Deck in the back, fence around the deck. Do you remember seeing it?
Kind of, sort of. I could peek out of the blindfold. I saw a deck in the back, having come in from
the front. The back was looking out over what? A forest. Water anywhere? No. I thought the
kitchen was on the leftjust from peekingbut I could be wrong.
You said that, in the bad guest room in the basement, there was a tripod thing with a camera
on it, a cot and a small bed table with two drawers. The pillows were pinkish-purple and the
blanket on the bed has princesses on it. I didnt say cot, it was a bed. I dont remember the
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table or the camera. It sounds right, for some reason. I have a hard time picturing it, but I know
its real.
On March 12, you told the Counsellor hed jolt you with an electric shock when you played tag
in the forest? Yes, it felt like it was cutting me in half. He said it was to control his bitch.
September 14, 2013: Third Police Statement
Why the new disclosures in September 2013? I was scaredwhen youve been raped by a
cop, you dont trust anyone. I was scared Id be arrested, because Id been told I would be. John
told me Id broken the prostitution laws. I couldnt make the disclosure. Its been tough.
Why not tell someone sooner? I was scared about what would happen. I felt I was protecting
those I loved.
Did you tell your parents much? No. After the police hinted at it, I told mom about being forced
to go to the Hotel. Did you fight back? Yes, I tried to kick and hit, sometimes it didnt work. Try
running away? Id be embarrassed to be found. Scream? Sometimes, but it got worse if I did.
Finally, for the first time, you told the police a story consistent with your evidencenamely that
two men, introduced to you by John, raped you in the back seat of a car on a street beside the
bike park? Yes, I got hit a few times. Now, youre saying John was between 25 and 30 years old?
I was mixing up details. In my mind, I thought theyd clue in. Now I know that people need a lot
of information. I thought that, as adults, theyd just clue in.
Regarding your description of the Hotel, you recall lots of details. How is that possible? When it
was happening, I focused on it. Weird how our brains work. You, for example, probably cant
describe your own room. Yet it seems odd how, when youre being hurt, your physical
surroundings are the one thing you focus on? (No answer)
You said the police officer had a tattoo on his shoulderChinese writing? I saw it when he put a
gun to my head. Yet you said he kept his shirt on? I dont know how I remember the tattoo
maybe its in my memory.
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How can you recall the Teachers car so clearly? When I say I think, its a nervous reaction.
Obviously I saw his carI was in it. Once in the room, he tied me down with a sheet. Was he
wearing pants, jeans? Obviously, I messed that one up.
Why not tell the police youd been with the police officer more than once? I was t alking about all
the times he was there. Kids just assume that.
[After the Student gives a lengthy description of the house exterior, car and camera, she confirms
that the Teacher videotaped her being water-boarded.] You said he burned and drugged you?
Now I dont remember him drugging me, but I told the police that.
You said he made you put your hair in pigtails and wear a princess dress? Yes, it looked like a
Costco Halloween costumeit was red and white with long sleeves, really itchy, with a little
collar and a like plastic crown. He beat you up or hit you very often? Not really. He burned me a
lot, though, and he had his knife on him all the time. He liked to hurt me in my private parts. Like
thats where he always cut me or burned me or shocked me. Apparently, it hurt the most.
You told the police he put you in a stressor posewas that your first mention of it? Yes.
Blindfolded? Yes. Like I told the police, I was tied to a tree with my hands behind my back and I
had to squat down and put a whole bunch of pressure on my leg and it hurt so bad.
Youd brought notes with you to the interview? Though I had notes with me, I couldnt
understand them. I remember the script, thoughpretty hard to forget something like that. For
just hands, it was thirty and blow is fifty and in it was a hundred and around the world was three
hundred. I had to tell them that.
(c) Law and Order, SVU
Everything youve described comes from past episodes of this show? No. Fine, Ill ask you about
these screenshots of various episodes:
Season 7: Episode 16Gone: Q: isnt that where three strangers grab a little girl
and rape her in the back seat of a car? A: Yes.
Season 7: Episode 3911: Q: A little girl lying on a bed says, Ill hear him on
the stairs. He hurts me a lot and then his friends hurt me so that he can take
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pictures. Do you remember that one? A. Yes, very well. Q: Isnt it a lot like what
happened to you? A: No, she was kidnapped and held there. Q: In another scene, the
girl is buried. Doesnt Olivia first dig up her feet? A: I dont remember that much
detail. Q: This little girl was buried? A: Oh yeah, he was trying to kill her.
Season 12: Episode 6Branded: Q. Words are branded onto the chests of two
men? A: Not burned on. I remember that episode. The numbers had been scratched
on the skin with a hot coat-hanger.
Season 4: Episode 6Angels: Q: An episode wherein a man is asked by a travel
agent, do you prefer girls or boys or both? A: I remember this episode. Q: Is he
a pimp? A: No, he books sex trips. An undercover agent catches him. I saw it. Q: The
man has a tattoo? A: Yes, but the cops tattoo was on his left shoulder, the one in this
show is on his right.
Season 9: Episode 5Harm: Q: Marishka asks, What about water-boarding?
A man replies, No. Electric shock? Another screenshot from the same episode
shows a manpartially clothed; a black cloth covering his headin a stress position
with his head covered. A: I dont remember this one. I dont know what
waterboarding is. Q: But you said youve seen all the episodes? A: Its impossible to
know if youve seen them all. Q: What about the man in the stress position? A: The
person looks like al Qaeda stuff.
Season 12: Episode 4Merchandise: Q: A girl says, a man said he needed some
merchandise to work his fields and I got it for him. Isnt this where you got the
word from? A: No, I got it from him, I have no memory of this episode. Q: The man
was working as a prostitute? A: I dont recall this episode. Q: But you used almost
exactly the same words? A: No, theyre different. Q: In another scene, a young boy
appears to be propositioning a man: Hands 30, blow and gos 40. In an out 65.
Around the world, 300 and up. Depending on what and how. A: (no answer).
What do you say about all of these coincidences? Millions of people watch Law and Order, SVU.
Its just a coincidence, plus I dont remember some of those episodes.
(d) Hotel Website
[After showing a virtual tour of the Hotel on the Internet, Union counsel asks,] How is it that
that virtual tour matches, word for word, the description you gave in direct examination? A: I
cant watch it. Its not fair. Q: How can your descriptions be so exact? A: Doesnt that support
my case?
+++
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As noted in my Interim Award, the consensus at the conclusion of the Students testimony was
that her evidence was wholly unreliable. The Employer having elected to call no further
evidencein particular that of the parentsI will summarize the statements they gave to the
RCMP.
3. Students Mother
On February 24, 2012, the Mother told the police that, given the safe neighbourhood in which
they lived, she and her husband began allowing their daughters to go for bike rides on their own.
When the Student went to visit E, the Mother asked her to phone home as soon as she arrived
and, when she saw the number on call display, shed know her daughter had arrived there safely.
The Mother having gone back to school in the Students Grade 7 year, the Student was dropped
off and picked up at school by either herself or friends.
Throughout Grades 7 and 8, the Student had bulimic episodes and struggled with friends. She
felt bullied. Fainting spells started in December 2010, followed by numerous trips to hospital by
ambulance. Soon after she gave a school speech about child abuse in April 2011, her seizures
began and she was diagnosed with generalized anxiety disorder and obsessive compulsive
disorder. When the neurologist asked whether her daughter had been abusedover sixty
percent of seizure disorders are the result of sexual abuse that is still going onthe Mother
said, No way, shes been protected. The seizures slowed down in the summer of 2011 but
increased in severity again in the fall of 2011.
After returning from Calgary for a second medical opinion, the Student was home-schooled. In
January 2012, she began suffering nightmares with convulsive seizures. In late January,
counsellor CD told the parents that the Student had disclosed sexual abuse by three strangers.
Soon after transferring to SS#2, the seizures stopped.
When her daughters nightmares worsened, the Mother pressed her, unsuccessfully, about the
identity of her abuser. As an act of catharsis, the Student burned a number of journals in her
presence.
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On the first day of school in September 2012, the Student was visibly shaken and sobbing.
Having taken an overdose of medications, she spent three days in the hospital.
Upon seeing the bruise on the Students face on September 17, the parentsconvinced that
someone had hit herasked her about it. In response to her statement that she had fallen down,
the Mother asked whether the Teacher did this to you. The Student started shaking and said, I
dont want you asking me that.
On September 28, 2012, the Mother told the RCMP that her daughter, in asking to be switched
out of the Teachers math class, said, he gives me the creeps, hes a perv. The Mother had had
a bad feeling about him from the times, the previous year, he had provided her daughter with
first aid attendant assistance.
According to the Mother, the only date her daughter ever gave her regarding when the serial
abuse happened was February 14, 2009the date on which she and her husband had gone to a
flute concert.
Asked about the diary, the Mother said her daughter found it while cleaning her closet in early
December 2012. Told that she was afraid to open it, the Mother suggested that she wait until she
saw the Counsellor. For the next three nights, the Student had severe GI symptoms, could not
sleep, and appeared visibly anxious. After sharing the journal with the Counsellor, she handed it
over to police.
When her daughter showed her reddened scars on her upper legs and thighs that looked like
cigarette burns, she explained that they were burns from a lighter.
4. Students Father
In his September 28, 2012 statement to the RCMP, the Father said that, from the time a doctor
raised the issue of possible sexual abuse in the context of his daughters seizures, he and his wife
began reviewing possible suspects. Asked whether they had considered the Teacher, he said
nothat he lived a considerable distance away and there would have been no opportunity: Our
kids just werent alone enough. We knew where they were all the time.
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Interviewed by the Investigator, the Father said that, in 2000, he began a Masters Degree
program, the same program in which the Teachers wife was enrolled. At a graduation party
thrown by the Teacher and his wife in 2002, he had had a brief discussion with the Teacher.
Given that he and the Teacher both taught science, they had attended the same inter-departmental
meetings. The Father also visited SS#1 over the years, and chatted with teachers in the
lunchroomincluding the Teacheras they played cards. In addition, the Father and Teacher
had played in the same hockey league since 2008.
In Grade 5, the Student had some issues with friends. She was sad but functioning. In Grade 6,
she seemed to be struggling; Grade 7 was somewhat better. In December (2010) of Grade 8, she
began to to suffer fainting spells. The day after she gave a a speech on Child Abuse at school in
April 2011, she had her first seizureseizures later diagnosed at B.C. Childrens Hospital as
psychogenic in nature.
After beginning highschool, the seizures continued. At the meeting called by the Parents to
discuss with teachers and first aide attendants the Students seizure disorder, the Teacher took
notes and asked questions. During hockey games that autumn, the Teacher asked the Father how
she was doing.
In February 2012, the Student transferred to SS#2. The Students last seizure occurred at the end
of January 2012the same time she first disclosed being sexually assaulted. Following this,
intense nightmares began. On the afternoon of September 17, 2012, the Father noticed a bruise
on his daughters face.
5. Additional Evidence
Forensic searches that were conducted on the hard-drives of the computers of both the Teacher
and the Student revealed not a single email exchange during the relevant, or any other, period of
time.
There is no indication that the pornographic photos taken off of the Students camera are other
than selfiesnamely, pictures taken by the Student herself.
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Whereas photos taken of the Student by Constable B. in early 2013 show red markings in and
around her genital and breast areas, a gynecological examination of the Student in November
2012the Counsellor having specifically asked the doctor to check for scarringmakes no
mention of such.
The Hotel has no record of the Teacher ever having been there.
It was only after the police advised the Student in December 2012 that, absent independent
evidence, charges would not likely be approved, she found the subject diary.
B. UNION EVIDENCE
1. The Teacher
Testifying that he has an excellent, 14-year work history with the District, the Teacher said that
he has never been charged with a criminal offence nor, up until the subject case, has he ever been
disciplined by the Employer or by his professional regulatory body.
Throughout his career, he has dedicated a great deal of time to volunteer activities such as
coaching school sportsgirls and boys teamsas well as coaching and refereeing community
sports.
After the Student made the allegations against him, he was examined by a psychologist with a
specialty in risk assessmenta man who provides reports to Correctional Service of Canada
regarding potential parolees. After conducting numerous tests, the psychologist concluded that
the Teacher did not show any significant risk factors to offend in any way.
Denying that he had any form of inappropriate relationship with the Student, the Teacher
testified that his first knowledge of her was when she enrolled as a Student at SS#1. In his
capacity as first aid attendant, he attended a meeting with her parents at the beginning of the
school year to discuss a protocol regarding dealing with her seizures. On four occasions during
the fall semester, his assistance was requested. He did not have any discussion with her after the
seizures. When she came to, she was in a semi-conscious state.
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After being declared surplus to needs, he was transferred to SS#2 in the fall of 2012. When he
saw the Student in his AG class and asked her f she remembered him, she acknowledged without
saying anything. Though there were two other AG classes that week, she did not attend.
Although she may have been at a volleyball practice during the first or second week of school,
there were 30 girls present and he has no specific recollection either way. He denied making the
alleged inappropriate tank-top comment.
Though the Student testified that he came to her elementary school during her lunch break
from 12:15 to 12:30 pm, followed by outdoor play time from 12:30 to 1 p.m., SS#1 is a good 5 to
7 minute drive from the Students school. That semester, he was teaching every blockmeaning
that not only did he have no spare blocks or preparation time; his lunch break was 11:25 a.m.
to12:17 p.m.thirteen minutes before the Students outdoor time began. Moreover, he played
bridge virtually every day in the staffroom during the lunch break. On those rare occasions he
left the school before 4:30 p.m., he always notified the school secretary because he was the first
aid attendant.
During the times the Student claimed she was meeting with him at least several times per week,
he was leading a very busy and active life, including:
Coaching volleyball from September to December each year. This would involve
two practices per week (ending about 5 p.m.) plus one game day each week when
he would not be finished until 7:30 p.m.;
Both playing and refereeing rugby from September to April each year. Had
practices most Thursday evenings, refereed every Saturday unless he had
volleyball, and played twice a month on Sundays with old boys rugby. As well, he
spent 4 to 6 hours per week working as allocator and local president of a rugby
referees society;
Skiing in the winter months. He and his wife skied Saturday and Sunday during
December and January; the rest of the season on Sundays;
Running marathons and shorter races, such as 10 km. He and his wife often ran
with another couple;
Participating in Dragon boating from March to October each year which involved
twice a week practices on top of festivals and competitions;
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Playing hockey year round, twice a week except during summer months when it
was once a week;
Running a small business from 20072010 making wheels to transport kayaks
when they were out of the water. He made about 70 sets of wheels per year and
travelled to Vancouver to sell them;
Instructing white water canoeing in March;
Certifying the flat-water canoe instructors course;
Travelling with his wife during school break times;
Was an avid and very competent carpenter. He did a series of significant
renovations to both the inside of their house and outside on their property during
the relevant years with whatever spare time he could find.
During the majority of time that the Student claims he was spending time with her, including
bringing her to his house to the special room, he was married and lived with his wife at the
house they had purchased in 2002a 25-minute drive from the Students house. After they
separated in April 2010 after 22 years of marriage, he kept the house and rented out the basement
to FG,, a friend, from October 2010 until March 2012. There has never been a special room
as described by the Student. The sole basement bedroom is, and always has been, decorated in a
normal adult guest room manner.
Until he purchased a smart phone in 2011, his only phone was a flip up Samsung style that
had no ability to show movies or access the Internet.
Asked about any unusual physical features, the Teacher said he has a separated AC joint,
Popeye-type biceps, and a finger-tip mole in the middle of his back. Though the Student said
that he expressed concern about her becoming pregnant, he had a vasectomy in the mid-90s.
His reaction on being told about the diary was she made it up. Immediately, he contacted
Quantico in the USA and CSIS in Canada regarding the possibility of having the entries ink-
tested. Though he passed on the names of two companies to Constable B., she didnt want to
hear from me. It was only after he complained to the Complaints Commissioner in June 2013
that the RCMP took action, albeit without success.
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Although he learned from KN, for the first time and after his suspension, that the Father had
been in her Masters Degree program, he did all of the cooking at her graduation party and has no
memory of meeting him at that time. Although they played in the same hockey leagueeight
teams in two divisions; 160 players in totalhe didnt know his name or who he was until they
both played in the over-40 division in 2011-2012. The first time they talked was at a hockey
game in November 2011, at which time they discussed the Students health situation. Asked why
they would not have met at interdepartmental meetings, he said thatthough they both teach
math and sciencethe two schools operate separately, its a different community; there have
been only two such meetings in fourteen years.
In cross-examination, the Teacher testified that, when he asked the Student, after she awoke
following a seizure, do you know where you are?, she was generally unresponsive. He said his
knowledge of the Student was so limited that, when she had her first seizure, he didnt remember
her name. Of the 700 students in the highschool, 300 have medical issues of one kind or another.
Asked why he asked her in his AG class if she remembered him, he said he was being friendly
SS#2 being new to him, she was the only person I actually knew.
Questioned about the September 17 alleged hitting incident, he said thatalthough, given his
practice of staying behind at the end of the school day attending to emails, the attendance list,
etc., he likely would have been in his classroom at the end of that dayhe never saw the Student
that day and no such incident occurred.
Agreeing that he had originally told the police he would take a polygraph test, he said he later
refused on the advice of Union counsel.
2. President of Union Local
The Local President testified that, both during and after the Students testimony, she searched the
Internet. In addition to taking screen-shots from various of the Law and Order, Special Victims
Unit episodes, her search of Waterboarding-Images turned up this page:
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On the website Amelias Notebooks, the Wikepedia author writes that Amelias Notebooks,
targeted at children between 9 and 12, are a series of notebooks and journals written by the
character Amelia, who writes about her life, thoughts, and memories. They are profusely
illustrated and designed to resemble actual journals. Included among the many Amelia books
mentioned is Amelias Easy-as-Pie Drawing Guide, a step-by-step guide on how to draw like
Amelia.
The cover of Amelias Notebook is depicted as follows:
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Amelias Notebook, first appearing in 1995, is a series of fictional journals popular with
tweenies; written and illustrated as though a real journal.
The surname of Jasper Hale, one of the main characters in the Twilight vampire series,
changes from Hale to Cullen as the story unfolds.
On a site called FanFiction, readers of Twilight have the opportunity to write their own
chapters/stories involving the characters. When the name ascribed to the girl the Student drew is
typed into that site, the user page of a young Canadian writer pops up. That authors 19 favourite
stories share strong thematic connectionsnamely, violence, rape and blurred relationships
between reality and fantasy. Commenting on the writers unusual middle name, the witness said
shed only seen it once beforein the Students diary.
A Dallas Police Officer wore the following badge in the Law and Order episode, Merchandise:
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The witness testified that, when she typed Fake Diary into the Internet, pages and pages of
website addresses (8,390,000 hits) popped up. The Steps noted on one such site include:
finding a genuine looking diary; write a believable, but fake, entry every day; add pictures; and
hide the diary somewhere obvious. Asked why someone would fake their diary, she replied, for
attention, as a decoy, etc.
When she Googled the name of the Teacher and the nearest population centre, the Regional
District site showed both his name and that of his ex-wifeK____ N____as well as their
address.
Having checked out the Hotel websites virtual tour, the witness said that both the sequencing
of the rooms as well as the descriptions of the rooms and swimming pool areas match exactly the
sequencing and descriptions given by the Student.
Regarding the Google Map of the forest or bike park, the witness said she had recently
walked through and around it. Roughly 200 metres x 200 metres in sizeincluding a BMX bike
park, a private dwelling in the centre, a ravine as well as a swamp/estuarythe actual forested
area, onto which a number of houses back, is approximately a quarter of that size. When she took
one of the four paths leading off of the street from which the Student accessed the parkshe saw
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lots of retired people walking their dogs. The forested area itself, though small, is so dense that a
person could not run through it without being on one of the paths.
3. The Teachers Former Spouse
KN testified that she lived in the matrimonial home for the entire 21 years of their marriage.
No part of it was ever rented out, and she accessed the basement regularlylaundry, workout
room, etc. The bedroom is a small, dark room. The furniture consisted of a bed covered in a
burgundy coverlet, two antique dressers, a closet which she used for some of her clothes, and a
big mirror. She has returned to the house at least twice in the past year, both upstairs and
downstairs, and nothing about that room has changedcertainly never a Disney theme or a
tripod.
Asked to describe the activities she and her husband shared in the last ten years of their marriage,
she said thatin addition to their busy professional livesthey both played rugby one night a
week, had seasons ski passes for the local mountain, went on long runs weekly with another
couple, had dinner weekly with one of the Teachers uncles, travelled to such places as Hawaii,
the Broken Islands, and various ski resorts, hiked, rafted and taught canoeing.
KN testified that, throughout her interviews with the police, she defended her former husband
without reservationI never doubted him for a moment. Ive never seen him harm anyone.
Asked whether he would have had the opportunity to do the things of which he stands accused,
she said, no, the man is very predictable. Id know where he was all the time. He tended to be
very set in his schedule.
4. Tenant
CF, the man who rented the basement room after KN moved out, testified by conference call
that he lived there from October 2010 to September 30, 2011. Asked about the size of the room,
he replied, Just big enough for a double bed and a dresser. Asked about the colour scheme, he
said, old-school, pretty basic. The furniture was brown, oaky.
III. DECISION
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As indicated in my Interim Award, I am satisfied that the Teacher is innocent of all the charges
made against him.
A. ISSUE
In a dismissal case, the onus is upon the Employer to prove, based on clear and cogent evidence,
that it had just and reasonable cause for the dismissal. The three questions to be asked, based on
the Wm. Scott case ([1977], 1 Can. L. R. B. R. 1), are:
Has the employee given just and reasonable cause for some form of discipline;
If so, was discharge and excessive response in all of the circumstances in this case;
and
Finally, if discharge is considered excessive, what alternative measure should be
substituted as just and equitable?
It is not disputed that the case at hand turns wholly on the first questionnamely, has the
Employer established that the Teacher is guilty of the misconduct alleged against him. If the
answer is yes, then dismissal was clearly the appropriate penalty.
B. ANALYSIS
The question of the Teachers guilt hinges entirely upon the reliability or otherwise of the
Students evidence. I am satisfied, for the following reasons, that that evidence does not stand up
to scrutiny.
1. Inherent Unlikelihood
Common sense suggests that a young girl could not, throughout her grade 5 through 8 school
years, under the watchful eye of her parents, lead a double lifeon the one hand, busy with
sports and family, maintaining top marks; on the other, being sexually tortured and prostituted
out to a variety of men.
Not once did she tell a friend, counsellor, doctor, sister, parent or anyone else that she was in any
kind of relationship, let alone a sexually abusive one with an adult male.
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Despite being physically abused in horrific waysbeing stabbed in the vagina with a serrated
knife; being badly burned by a lighter for five seconds (an incredibly long time); having the word
slut burned into her midriff area; being badly shocked electrically and almost drowned by
water-boarding; being almost suffocated by burialshe never once attended an emergency
clinic, hospital or walk in clinic to treat her injuries.
Nor did her attentive parents notice a thingnot the torn clothing, the burns; neither the bleeding
to the extent that blood dripped into the swimming pool, nor her midnight foray. Not the filth
from being buried or being soaking wet from water-boarding. Nothing. How likely is it that she
could suffer the indignities she says she did, and then go home for dinner and homework?
Notwithstanding her stated fear and hatred of, and repulsion towards, the Teacher, the Student
kept going back for more. Notwithstanding the accessory/pimping role played by John, they
parted on amiable terms.
According to the Student, immediately after being raped, she was admiring the police officers
badgeIt struck me as cool. He wasnt cool, but the detail on it was pretty neat. It is not
believable that a police officer would show up in complete uniformincluding gun, badge, and
shoulder flash (which identifies the police force); that he would rape a young girl on three
different occasions (drugging her on one of those occasions); and yet have no apparent concern
that the girl would not report him to her parents or someone else in a position of authority.
The Students claim regarding how she met the Teacher makes no sense. Though she claims that
he twice came to her elementary school, it is highly unlikely that a male adult would come onto
the grounds, separate a student from others and engage her in conversation for periods of
between five to fifteen minutes. There is no record of any supervisor reporting anything
untoward at that time.
The Teacher would have known that school grounds are supervised, and that hanging around an
elementary school talking to a very young student would attract instant attention. Even were he
foolish enough to risk his career by befriending a student in this manner, it is unlikely in the
extreme that he would give the Student his name and district email address; say that he was a
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teacher and that he knew her father. For all he knew, the district would discover the liaison
and/or the Student would go straight to her father.
Similarly, it defies logic to believe that the Teacher went to the Students house and sat around
with her watching pornographic movies or taking pictures of her in various states of undress; or
that John phoned her at her home. At any moment, the parents could have arrived home
unexpectedly or answered the phone.
Though the Student claims that she often met the Teacher in the forest, it serves both as a bike
park for BMX-style bike riding and a haven for people walking their dogs. Yet the Student
claims that, for years, she met with the Teacher thereseveral times a week for several years,
usually during the afternoon. While in the park, the Teacher allegedly:
placed foreign objects such as tree branches into her vagina;
tied her to a tree with her hands tied behind her back in the stressor position
while she was blindfolded;
burned the skin of her naked body repeatedly ;
stabbed her more than once in the vagina with a serrated knife;
strapped her to a board, covered her face with a hood and poured water into her
until she almost drowned;
dug a grave-like hole, put her in it and then covered heronly pulling her out at
the last moment after her face was covered and she could no longer breathe; and
strapped an electric shock belt on her and chased her through the park while he
shocked her by way of a hand held remote control device.
The forest/park abuts the main road that feeds the streets throughout the subdivision where the
Student lives. It is unlikely that the Teacher would just shown up there regularly to sexually
assault the Studentknowing that his car could be seen by virtually everyone coming into and
out of the subdivision. Yet there is no evidence that anyone reported anything suspicious or
untoward.
The Student alleges that, after the Teacher introduced her to John, she left her house in the
middle of the night to meet with John regarding a possible jobgardening or something. No-
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one could possibly believe that she honestly thought it would be a job of that kind. It is equally
far-fetched that her dog did not bark; that the sexual terrorists would blithely park on a main road
into a subdivision and, and after brutalizing her, just send her on her way back home; and that,
the next morning, her parents observed no signs that she had been brutally attacked.
It defies belief to accept, as asserted by the Student, that the Teacher picked her up at the park or
at her house, then forced her to get into his vehicle through the back hatch door, blindfolded her,
and made her lie on the floor. Any passer-by, let alone her parents or persons living in close
proximity to the Teacher, could have observed that behaviour and called 911.
Similarly, her statement that John (acting as her pimp) would pick her up and drop her off at her
home following her liaisons at the Hotel is not credible. Surely he would have worried about
being seen, or that the Student would blow the whistle on him. Further, her statement that John
or the Teacher would repeatedly send a young girl (12 to 14 years of age) into the Hotel by
herselfwhere she could be seen by staff and fellow guestsstrains credulity. One question
from a staff person could have led to the unravelling of the entire scheme. Similarly, given the
odds of her parents or sister answering, it cannot be believed that both John and the Teacher
phoned her house.
The Students account of the March 3, 2012 incident lacks plausibility. Having not seen the
perpetrator for a year, it is an unlikely coincidence that he would show up out of the blue and
threaten her life. (Many months later, the Student told the Investigator that it was the Teacher
whom she saw that day. During her testimony, however, she said the man was John.) Her sister
saw no-one. And, finally, given the Students evidence that she and John parted on friendly
termshis concern being that she had gotten too old, presumably for the pedophiles she had
been servicingit makes no sense that John would suddenly show up, hide in the forest in case
she came by, and threaten to kill her.
The Student claims that, when she first saw the Teacher at SS#2 in September 2012, she did not
recognize him until he winked at her. Given their long history, the evidence about not
recognizing him not credible.
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On a similar note, it is unlikely that the Student, given her many sexual encounters with the
Teacher over the years, would have failed to identify those of his physical features that are
unusual.
The Students evidence that the Teacher punched her in the face in his classroom is equally
implausible. As seen during the view taken of the school, the classroom is windowed all along
the side where students gather after school. Not only could any student have looked in and seen
what was happening; the classroom is at the front of a quadrangle of classes such that students
from other classes are able to walk through the classroom on their way out. Finally, there is
nothing in the video clipshowing her walking down the hall in the school that day shortly
after, according to her, the incident occurredto indicate that she was in any apparent distress.
2. Lack of Opportunity
The Student lives at home with her parents and younger sister. They have a very busy family
routine. During the relevant period, the Student was driven to school in the mornings and then
picked up right after school, usually by her mother but at times by family friends. When the girls
got home, they would do their homework. The father would arrive home a little later, and they
would normally have dinner together. They had busy evenings, often with sports involved. It is a
very athletic family.
Among the sports in which the Student participated are: competitive swimmingup to 5 to 6
practices per week; the triathlon for a period of 2 years; tennis and tennis camps; soccer; softball;
and volleyball.
Both parents claim that they are extremely protective of their daughters. The Mother told the
police, So were looking back and were thinking that she never left our sight. We werent a
family where we just let our kids wander the neighbourhood. We were so protective of that. She
said that, even when the Student would go over to Es house, she always called home and the call
display always came up. When asked about the allegations, the Students father said, I dont see
the opportunity that he would have hadour kids just werent alone enough. We knew where
they were all the time.
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As noted, the Students lunch break did not align with the Teachers, the playground is well
supervised, he mostly played bridge during that time, and his school is a five-to-seven minute
drive from the Students elementary school.
The Student claimed that she met the Teacher in the forest/park regularly after school. Indeed, at
one point, she claimed he was there every day waiting in the forest for her to get home.
However, not only did the Teachers school day end later than that of the elementary school; he
stayed at school most days until at least 4:30 pmoften later due to coaching and refereeing
responsibilities. As noted, during the times the Student claimed she was meeting with him at
least several times per week, he was leading a very busy and physically active life.
During the majority of time that the Student claims he was spending time with her, including
bringing her to his house to the special room, he was married and lived with his wife. A few
months after his wife moved out, he rented out the basement room to CF from October 2010
until March 2012the precise time that the Student was allegedly raped three times in the so-
called Disney princess room.
3. The Unreliability of the Students Evidence
The reliability of a witness testimony is judged by common sense standards as enunciated by
Mr. Justice OHalloran in Farnya versus Chorny ([1952] 2 D.L.R. 354 at 356):
The credibility of interested witnesses, particularly in cases of conflict of evidence,
cannot be gauged solely by the test of whether the personal demeanour of the
particular witness carried conviction of the truth. The test must reasonably subject his
story to an examination of its consistency with the probabilities that surround the
currently existing conditions.
In short, the real test of the truth of the story of a witness in such a case must be its
harmony with the preponderance of the probabilities which a practical and informed
person would readily recognize as reasonable in that place and in those conditions.
Only thus can a Court satisfactorily appraise the testimony of quick-minded,
experienced and confident witnesses, and of those shrewd persons adept in the half-
lie and of long and successful experience in combining skillful exaggeration with
partial suppression of the truth. Again, a witness may testify what he sincerely
believes to be true, but he may be quite honestly mistaken. For a trial Judge to say "I
believe him because I judge him to be telling the truth, is to come to a conclusion on
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consideration of only half the problem. In truth it may easily be self-direction of a
dangerous kind.
The trial Judge ought to go further and say that evidence of the witness he believes is
in accordance with the preponderance of probabilities in the case and, if his view is
to command confidence, also state his reasons for that conclusion. The law does not
clothe the trial Judge with a divine insight into the hearts and minds of the witnesses.
And a Court of Appeal must be satisfied that the trial Judge's finding of credibility is
based not on one element only to the exclusion of others, but is based on all the
elements by which it can be tested in the particular case.
Assessing the Students credibility against the standards enunciated therein, her evidence fails on
all counts. While certain of her evidence in direct examination appearedmost disturbingly
very convincing, every aspect of her elaborate story was in tatters by the end of cross-
examination.
Evasive and self-self-contradictory, she testified in acute detail regarding such matters as the
layout of Hotel rooms and the description of the policemans uniform, gun, badge and tattoo
comprised of Chinese letteringitems found, as will be shown, on TV or the Internet. Yet her
memory was very poor regarding many critical pointsher ever-changing descriptions of her
attacker(s); their method of communication; the circumstances of their meeting; and the unusual
physical features of the Teacher, to name but a few.
As for her alleged sighting of the tattoo, the Student testified that, the first and third times she
was with the policeman, he had left his shirt on. Regarding the second time, he gave her
something to drink while he was still in his uniform. The next thing she remembered was
incrediblywaking up in her bed at home the next morning. By her own account, she could not
have seen the tattoo.
In relation to verifiable things, the Students memory was inexplicably poor. As noted, she could
not remember whether the Teacher had a tattoo; nor could she describe any unusual body
characteristics or whether he had a beard or (merely) a moustache at various times.
When the Counsellor asked her on February 22, 2013 whether the Teachers house had any
distinguishing features, she said no. Yet, on Monday, February 25, immediately after the
weekend, the Student described the street that the house was oninformation readily available
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on the Internet. As for the description she gave of the yard, it would be readily observable by
way of a quick drive by.
When asked during the hearing whether, when she went to the Teachers house, she saw signs
indicating a female presence, she said nothe reason being that she had been blindfolded every
time; it was removed only when she was in the special room. That evidence directly contradicts
her September 14, 2013 police statement:
Q. Can you draw me a picture of kinda where you went inside, what it looked like?
A. The first time I was blindfolded. Then I just saw that room.Do you want me to
draw that?
Q. So the first time you were blindfolded? Okay.
A. He told me never to look.
Q. Okay. And how many times do you figure you went to his house?
A. Two or three, not that many.
Q. Okay, and were you blindfolded each time?
A. No.
Though the Student mentioned being there (only) two or three times, she testified that the
policeman was there on three occasions, and that, at other times, the Teacher had taken pictures
and videos of her.
Her evidence that she was blindfolded every time is not plausible. Given that the Teacher,
according to her, had openly acknowledged the key particulars of his identity from the outset,
why would he go to the bother of blindfolding her?
The inconsistencies in her disclosures between January 2012 and September 2013and as
between them and her testimonyare glaring.
In January 2012, the Student (age 15) disclosed to CD that she had been raped by three young
boys in a car when she was 11 years old. According to her, these three males followed her,
picked her up and abducted her in their car. After abusing her, they dropped her off and she
walked home. (She later told police that she had met John when she was 12, long after she had
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commenced a relationship with the Teacher. She testified that it was John to whom she was
referring in the disclosure made to CD.)
CD having advised the Students parents as to the disclosure, they failed to contact either the
police or the Ministry of Children and Family Development.
Shortly after transferring to SS#2 in the second semester of the 2011-2012 school year, the
Student began seeing the Counsellora woman known to the Student and her family. On
February 15, 2012, the Student told her that she had been raped by someone; that, although she
had told CD it had been three men in a car, that had been a lie. She said that it was actually one
person, a 20-year old. He had been her best friend; he made her feel good about herself after she
had been bullied at school; he knew her dad, and her parents and his parents knew one another;
and she had lied to her parents about going to a friends house but had gone to his place instead.
She didnt tell anyone about him because he said that he would hurt her parents if she told.
All contact with him had stopped about a year ago.
When the Counsellor asked her, the next day, if the young man had had sexual intercourse
with her, she claimednotwithstanding her alleged history of sexual abuse of all kindsnot to
know the meaning of that term. When the Counsellor said, Its when a man puts his penis in
your vagina, she responded, I dont know, maybe.
On February 22, she told the Counsellor that the reason she did not want to give the mans name
was because he would come to her house and kill her. Though she told the Counsellor that he
was neither in her house at the time nor had he ever been there, she testified that the Teacher had
been in her house more than onceshown her pornographic videos and taken pictures of her.
In her first statement to the RCMP on February 24, 2012, she promised the police officeras she
had done with the Counsellorthat she would not tell any half-truths. She said that, at age 10,
shed met a male while walking her dog; he had said hi and that was it. On another occasion,
they met again in the forest and spoke for five minutes. After that, they met there regularly; went
for bike-rides and played games including hide and seek.
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She said that the man who raped her was 23 years old, maybe 24, when she met him. (The
Teacher was 50 years old in 2007. She had earlier described her abuser first as 20; later as 25 to
30 years old.) He was the brother of a girl she knew. He had brown eyes (the Teachers are blue),
was her special friend, and lived in the vicinity of the park (the Teacher lives nowhere near
there.)
She did not have his telephone number or other contact information for him. When asked how
she knew when and where to meet him, she said he came to the same spot (in the park) everyday.
He telephoned her at home on several occasions. Maybe her parents answered sometimes. She
had not seen the man since her seizures started. (She would have known that the Teacher
attended to her in his role as first aide attendant.)
She was not sure if what he had done to her was against the law; she didnt know how he knew
her dad; they played a game called ring-around-the-rosie.
On February 28, 2012, she told the RCMP that she had no contact information for her abuser;
she would see him waiting for her in the forest when she came home from school. (She testified
that they communicated through emails.)
He showed her pornography on his cell phone. (The Teachers evidence is that, prior to 2011
when he obtained a smart phone for the first time, he had had only the flip phone style
without ability to show movies or access the Internet.) He forced her to touch his penis with her
hand. She did not want to do it, but he hit her.
On February 29, 2012, she told the RCMP that she had met the man while walking her dog in the
forest; the relationship continued from 2007 to 2011; when she expressed reluctance to touch his
penis, he hit her; and, after that, he touched her breasts and vagina. (Unlike her later disclosures,
she mentioned one occasion only.) She said he took her in his car a few timesonce for ice
cream (She later told the police that she had never been in his car; still later, she said she rode in
the back seat. She testified that the Teacher always put her on the floor, blindfolded, behind the
back seat of his vehicle).
Later that same day, the Student told the Counsellor that, although what the man had done was
wrong to some degree, he was her best friend and he had been nice to her. On March 1, she
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advised her that he did not always hurt her. She said that he would choke her; she was afraid
once that she would bleed to death; and he was stalkerishmeaning, she said, she found it
interesting that he knew so much about her.
Suddenly yelling out the name John Tillery, she said that that was his name and she was
prepared to share it with the RCMP, but not her parents. There was a piece of her that was glad
she had said the name. (As noted, the RCMP were unable to find a match for that name.)
In the morning of Saturday, March 3, the Student left a hysterical message on the Counsellors
cell phone alleging that she had seen the man that morning when she and her sister had been out
walking the dog. The man had grabbed her and told her that he was going to come and get her.
Though her parents were at home at the time she placed the call, she kept them in the dark.
When the police attended at the Students house, was not willing to talk to them. When they
asked her if she was having a flashback, she said she was not. Because she would not provide a
name, the RCMP concluded their file on March 28, 2012.
On September 18, the day after the Student allegedly confronted the Teacher, she told the
Counsellor that she had seen him on the first day of school. Though she did not recognize him
at first, when he smiled and winked he creeped her out. Because she did not want to face seeing
him again, she went home, took a bottle of pills, and ended up in the hospital that night. Asked
whether the incident occurred on the school grounds, she repliedafter obtaining clarification of
school grounds, that she said she had seen him twice down by the road and he had grabbed her
and hit herhence, the bruise.
On September 27, 2012, the Student told the Counsellor that it was the Teacher who had
assaulted and abused her over the years. (In cross-examination, the Student agreed that she had
only come forward with his name after her mother had suggested it to her.)
RP, an outside counsellor called upon for assistance, advised the police of the claim that it was
the Teacher who had grabbed her and hit her. RP reported the Students account as follows:
When she went into the science classroom somewhere in the back of the school, the Teacher
entered and grabbed her wrist. Then her face hurt. He hit her face and he threatened her.
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As a result of these new allegations, the RCMP conducted further interviews with the Students
parents, RP, and the Student. On September 30, the Student disclosed to the police that:
She met the Teacher when she was in grade 5. After Christmas that year, he came
to her house when her parents were not there.
She was in grade 7 and thirteen years old when they would meet in the forestthe
one where teenagers bike.
He told her to take off her clothes and, after she did, he was pushing it in and it
finally went in. He also forced her to perform oral sex on him.
He came to her house five or six days later and showed her pornographic videos.
When asked how he would have known that she was alone at her house, she stated
that she could not remember. As she did not have his phone number, they would
arrange their meetings by planning ahead each time they saw each other.
Asked to confirm the exact first and last name of the Teacher, the Student
responded, I dont know if thats his first name, I never called him that. I never
really called him anything. You know, like I never, I dont know, its weird, I
never, I never really said hey, I always just said like hey, you, I justjust started
the sentence without saying hi, solike I never. (In the diary allegedly written in
her grade 6 year, the Student refers to the Teacher by his first name throughout,
including a pet derivative of that name.)
Asked whether she thought of the Teacher as her boyfriend, she said she did not
think so: He always just said hes my teacher. (In her diary, she claimed he loved
her and she loved him and they would marry someday.)
Asked to describe him, she said he had dark brown hair; a moustache, I think;
and brown eyes. (Not only are the Teachers eyes blue; she testified that he had a
beard the entire time she knew him.)
He broke up with her against her wishes. She told him he could do anything he
wanted so that she could prove her love to him.
Asked whether the Teacher had ever hit her before, she said he had hit her once on
the face. When asked when that happened, she said, A few years ago. Uh, but he
never really hit me. He wasnt really violent.
He did not come to her house more than once, and she never went to his. Asked,
did you want to go to his house, she responded in the affirmative Mmm-hmm.
They would sometimes walk along the road holding hands.
Asked, Did you ever go in his car? she said, Um (pause) uh maybe. Um, no, I
dont think so.
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On October 26, 2012, the Student told the Counsellor that the Teacher burned her regularly with
his lighterfor five seconds if she was bad, and she was bad a lot. Though she disclosed for the
first time that she had given him her school email address, she said she could not remember his
email address.
When interviewed by the Investigator on December 13, 2012, the Student said that the story of
the three men raping her had been a lie; the Teacher had expressed concern about her getting
pregnant; and that he had been very violent indeed. He always had a knife, she said and, on one
occasion, he had cut her with the knife but this appeared to happen by accident. (It was only
during her testimony that she mentioned being stabbed her in the vagina with a serrated knife.)
In her meetings with the Counsellor on January 8 and February 20, the Student disclosed, for the
first time, that the Teacher had burned the word slut into her midriff area and had buried her.
Angry with her because (her) body would not work, he had a shovel and started digging a hole.
She could hear the shovel hitting rocks as he dug; he pushed her in on her back and covered her
with dirt; after he put a shirt over her face, she felt dirt landing on it; her hands were outside the
dirt and flopping; and he finally grabbed her hands and pulled her forward. (She testified that he
had already dug the hole when she arrived; he took her into the forest specifically to bury her.)
The Teacher had given her a list of his friends that he wanted her to meet and that he had to take
pictures. (Her evidence at the hearing was that it was John, not the Teacher, who had arranged
for her to meet other men.)
On Friday, February 22, 2013, the Student told the Counsellor that the Teacher had taken
pictures of her often with both her camera and his, and that he took pictures of her at her house,
in her room up against her wall. Asked whether she could describe any of the Teachers
distinguishing features, she said no.
On Monday, February 25, the Student disclosed that the Teacher would pick her up at her house
when her parents were not home. She said that, because she was not allowed to ride in the front
seat, she rode in the backseat. (Her evidence was that he made her lie down on the floor behind
the backseatcontradicting not just that February 25 disclosure but also her earlier police
statement that she had never been in his car.) As well, she gave a detailed description of how to
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get to the Teachers house, what the house and property looked like (in significant detail) and the
name of the streetinformation not previously mentioned by her.
Shortly thereafter, she disclosed for the first time the electric shock treatment and, on April 3,
2013, she indicated, for the first time, that John was involved and that she did things for
money.
On September 14, 2013, the Student gave what turned out to be her final statement to the RCMP
Among her disclosures are that: the story she had told CD about the three men raping her in the
car was true; John had claimed to be a 25 to 30 year old travel agent, and she had emailed the
Teacher when she wanted to talk to John. After giving a very detailed description of the Hotel
rooms, she said that, when the Teacher got mad at her, he would call her K____-with a K.
For the first time, she said that the Teacher had drugged her and, on another occasion, had
blindfolded her and put her into what he called the stressor pose (It is highly unlikely that a
perpetrator would use the term stressor pose as he was putting his victim into that position.)
Also for the first time, she mentioned a script she would recite when meeting men in the Hotel
for just hands it was thirty, blow is fifty, in-out was $100, and around the world was $300.
She said she lost her sock when he buried her; mentioned the Disney-princess room; and said
that all of the (pornographic) pictures of her on her camera had been taken by him. (When
pushed in cross-examination, she admitted that she had taken some of them herself. As noted,
most if not all of the photos appear to be self-taken.)
4. Lack of Corroborating Evidence
There is no corroborating evidence of any kind suggesting any kind of personal relationship
between the Student and the Teacher. She had never been his student; and, before her grade 9
year, she had never even been at his school.
Not only does the Teacher deny any form of inappropriate relationship with the Student; he has
maintained from the outset that he had had only the most fleeting of contact with her. He offered
to take a lie detector test and, when first told about the diary, took immediate steps to challenge
its authenticity.
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His evidence that his first knowledge of the Student was when, as first aide attendant, he
attended to four of her seizures is backed up by the vice-principal of his school. Having also been
present on those occasions, she testified that the Student never gave any sign that she knew the
Teacher, nor did she react in any startled or negative way to him.
There is no evidence that anyone ever saw the Teacher in the company of the Studentdespite
her allegation that that they met in the public park/forest near her house many times over a
period of years and, even, on occasion left the park and walked down the road holding hands.
Similarly, there is no evidence that they were seen together at her elementary school.
Notwithstanding that the police seized two computers from the Students house and that the
School District has thoroughly searched both the Students and the Teachers email history, not a
single email exchange between the Teacher and the Student has been found.
The Student had several medically unexplained seizures during grades 8 and 9. Though she saw
a number of doctors and attended at least two hospitals over that period of time, there is no
evidence that anyone saw any marks, such as burn marks, on her body. Though she saw a
psychiatrist in the spring of 2011, and CD, a private counsellor, from September 2011 to January
2012, she made no claim about anything untoward. Over the years, the Student has been seen by
many doctors and subjected to extensive physical and psychiatric examinations. Yet not a single
medical professional noticed any physical symptoms evidencing the kind of damage she claimed.
Indeed, in February 2011just before the time she said she last saw John; just before her
seizures began and her relationship with the Teacher endeda medical examination at the
Regional General Hospital revealed (only) the following body markings: bruises on each shin
(probably from soccer); a rash near her tailbone; an inflammation on one wrist and a small scar
on the other wrist (both likely from the times she broke her wrists in 2007). Notably, no burn
marks were noted, nor was the word slut seen on her midriff.
In September 2011, the Student having suffered a seizure, her parents found her in the bathtub
and revived her. No mention was made by them of any burn marks or the word slut burned
into her.
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Though Constable B, in a report in early 2013, refers to the red markings evident in police
photos recently taken of the Student as scars, she further notes that Dr. A., the gynecologist
who examined the Student in November 2012, made no mention of marks or scars. Though
Constable B left a message for the doctorasking her to confirm that she visually inspected (the
Students) "stomach and breast region without clothing on the reason being to ascertain the
nature of the markingsshe never heard back from the doctor. In response to my question
(submitted to RCMP counsel) regarding what if any basis she had for concluding that the marks
were in fact scars, Constable B replied my experience. She further said that, though she had
sought input from VI SCAN (Vision Inspection Services Canada Inc.), no official opinion had
been forthcoming.
5. The Teachers History and Psychological Report
As set out earlier, the Teacher carried on a busy work, athletic and social life throughout the time
that the Student alleges they spent so much time togethera life wholly incompatible with the
scenario she portrayed.
The Teacher has an excellent work history as a teacher. Before these allegations were made, he
had never been charged with a criminal offence or disciplined by the Employer or by his
professional regulatory body. As noted, he has always been active in school extra-curricular and
community activities.
The psychologist who conducted, post-dismissal, a specialty in risk assessment of him possesses
unique skills in this regard. For years, he has provided to Correctional Service of Canada the
profiles of potential parolees. Having administered his battery of tests to the Teacher, he
concluded that he does not possess a single one of the significant risk factors.
6. Other Evidence Presented by the Student
Near the end of October 2012, the police advised the Student that they were withdrawing the
charges against the Teacher. When the Student, very upset, asked the Counsellor why the police
would do such a thing, she was told it was due to the lack of hard evidence.
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About five weeks later, the Student produced a journal or diary that she claimed to have written
in her grade 6 school year. Though she had earlier told the police that she had burned all her
diaries, she said that she had found it in her closet. Asked whether this was the kind of hard
evidence needed, the Counsellor said yes and handed it over to the police.
As noted, the Teacher has maintained, from the outset, that the diary is a fake. Unfortunately, by
the time the Union was able to send it out for forensic testing, the ink was too old and the expert
was unable to conclusively say whether the diary had been written in November 2012 or at an
earlier time.
For a number of reasonsincluding the timing of its alleged discovery; as well as the fact that
templates for fake diaries pervade the Internet, a medium with which the Student is acutely
familiarI am satisfied that the diary is inauthentic and its contents therefore unreliable.
Produced in early December 2012, the diary contains many references to the first name of the
Teacherincluding a pet name or nickname variation. Towards the end of the diary, she refers
to him as Mr. ___a shift that the Union argues reflects the Students intention to ensure that
the Teacher is identified by both his first and last names.
Although the Student writes about the Teacher as though they are lovers who will one day be
married, her testimony was that, at that very same time, she was very afraid of him. She hated
him because he would invariably torture her. Though she writes about how happy she is to be
given her own email accountnow she can write to him in secretshe told the police that the
only email they ever used for correspondence was the school systems email.
Notwithstanding her description of the gross thing the Teacher made her dohe put his penis
in her mouth and this white stuff came outshe stated in cross-examination that she and the
Teacher had had intercourse and oral sex several times before that. Her alleged failure to identify
ejaculate is not credible.
Though the Student wrote about anal sex with the Teacher in great detail in the diary, she
testified that the first time she had anal sex was when she was raped in the car by Johns
friendsa time long after the alleged diary entry. Asked to reconcile the two accounts, she was
unable to do so.
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Included in the diary is a photo of the Students father at a 2010-Olympic eventan event that
occurred long after her grade 6 year. The Students explanation that she held open that page of
her diary in the hope that she could include some later picture pleasing to Amelia is not
believable. More likely, she slipped upintentionally or otherwisein her crafting of the fake
diary.
+++
Among the material submitted by the RCMP are several photographs of the Student in highly
sexualized posesincluding marks on her body not seen earlier by medical professionals.
Included in those photos is one in which the word slut is written across her midriffin pen:

The police took the photographs off the Students camera in January 2013, almost two years after
she claimed to have last seen the Teacher outside of school. Although she first told the police she
had not taken them herself, she later admitted to taking some of them herself. As noted, there
is no indication of a second person being present.
7. The Role of Media and the Internet
As noted, the Teachers former wifes nameone that could start with either a C or a Kis
readily ascertainable on the Internet by searching the Teachers name. In saying that, when the
Teacher said when he got confused called her K____-with-a-K, she lends credence to the
assumption that she got her name off of the Internet.
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How was it that, February 22, 2013, she was unable to tell the Counsellor any details of the
Teachers house or its location and yet, after the weekend, she gave considerable detail,
including the name of the street. As noted, all such information is available on the Internet.
As the Local Union President testified, when she Googled fake diary, dozens of pages of sites
immediately come up. Some of them are very explicit as to how to make a diary look like it was
written at an earlier time. Some suggest using a book that you had at that time, using different
coloured pens, and to interlink things that actually happened with whatever you want to put in.
One of the first sites even suggests telling people that you found it in a closet. In other words, it
would have been easy for the computer-savvy young person such as the Student to obtain
instructions as to how to write a diary and make it look like it was written at an earlier time.
The FanFiction site for Twilight fans displays stories using characters from the show. One of
the characters on the show is Rosie, and one of the stories found on the FanFiction website is
called ring around the rosiethe very name of the game the Student allegedly played with the
Teacher.
The Student testified regarding her favourite television shows. She watched every episode of
ER, a show focussing on medical emergencies. It was obvious from the Students testimony
that she is well versed in medical terminology and diagnoses. She testified that, if things came up
in the show that she did not understand, she would research them further. Describing herself as a
big fan of Law and Order: SVU (Special Victims Unit)a police show focussing on sexual
crimesshe noted, for example, that it is currently in its 15th season and that the 15th episode of
the 15th season was to be shown on a date she specified. She testified that she has seen every
episode at least three times and some as many as ten times. The Union entered as exhibits
screen shots with captioned dialogue from episodes of SVU. Almost all of the tortuous acts the
Student claimed the Teacher had done to her were done to victims on very episodes of that show.
The episode, Harm, is about methods of torture, including waterboarding. Under
waterboarding on the Internet, one finds illustrations identical to what the Student claims
happened to herbeing strapped on a board with hands immobilized, having water poured into
the mouth from large plastic milk containers. Another method is that of the electric shock. The
Student testified that the Teacher had used a taser-like device on her, and fitted her with a belt so
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that he could give her, using a hand held remote device., an electric shock of love. Included in
the same episode is a man being forced into the stressor positionhands tied behind his back;
hood placed over his head; forced to squat. The Student, claiming that this same thing happened
to her in the park, used the identical termthe stressor position.
In Gone, three young men grab a young girl and rape her in a car. The Students first
disclosure was that three fellows raped her in a car when she was 11 years old.
In Angels, A travel agent acts as a pimp for teenage and child prostitutes and arranges to have
middle aged men have sex with the children. The customer that visits him is named John. The
Student told the RCMP that John was a travel agent and that he arranged for strange men to
have sex with her in a hotel. He told her that she was the perfect little business for him, and
that she was perfect entertainment for any middle-age man. One of the customers has an
Asian-style tattoo on his shoulder. The Student said that the policeman who had sex with her at
the Teachers house had a tattoo on his shoulder that looked like Chinese writing or something.
The Merchandise episode involves teenagersreferred to as merchandisewho are forced
into prostitution. The student told the Counsellor that the Teacher was taking photos of her so he
could advertise the merchandise. At one point, a teenage prostitute rattles off a list of his
services to an undercover officer. The Student claimed she had a script she would tell her
customers. When asked what it was, she recited almost word for word what the teenage
prostitute in the show said. Towards the end, two officers are handed local police badges
badges closely resembling the badge drawn by the Student, supposedly the badge worn by the
police officer who raped her at the Teachers house.
In Branded, a victim had a word branded onto his chest. The Student claimed that the Teacher
had burned the word slut into her midriff with a lighter.
In 911, a young girl was kept in a Disney princess-like room in a basement, was forced to pose
for photos, and was made to wear colourful princess costumes. The Student testified that the
Teacher had made a special Disney Princess room for her in his basement; made her wear
princess costumes and pose for photos. As well, the captor brings his friends to the room so
that they can hurt the little girl. At the end of the episode, she is buried and only rescued by the
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police just before suffocating. The first thing that one sees when the young girl is rescued is that
her foot is bare. This mirrors the Students accountincluding that, when she was saved at the
last minute, her sock had come off and she never recovered it.
The description the Student gave of the Hotel, both to the police and at the hearing, matches
perfectly the layout of two rooms and the pool area. When confronted with this information at
the hearing, the Student cried loudly and refused to look at the screen on which the virtual tour
was being shown.
E. Summary and Conclusion
In summary, I am satisfied, on the basis of the evidence and submissions before me, that the case
against the Teacher fails for the following reasons:
The allegations are so inherently unlikely as to be unbelievable;
There was no reasonable opportunity for the events to have taken place;
The Students story changed significantly with virtually every telling, and her testimony at the
hearing, riddled with inconsistencies, was wholly unbelievable;
The Teacher gave his evidence in a straightforward waywithout embellishment or
exaggeration of any kind. His testimony is consistent with the probabilities. His evidence
regarding the lack of a special room is corroborated by both his former wife and CF, his
former tenant. The Teachers many years of discipline-free teachingincluding his history of
voluntary endeavors such as coaching both girls and boys athletic teamsweigh heavily in
his favour. The psychological profile submitted by the Union is that of a decent, hard-working
man with a solid network of friends and familya far cry from the sadistic and monstrous
torturer portrayed by the Student.
The evidence produced by the Student, particularly the diary and the photographs, are
unreliable as evidence against the Teacher. The photos provide no evidence of any kind against
the Teacher and show, on the other hand, that the Student is a very troubled young person;
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It appears that the Internet and media provided the Student with everything she needed to
construct a case that resulted in two years of unimaginable hardship to the Teacher. The
similarities between the plot-lines of her favourite shows and reading materials, and her
allegations, are numerous and profound.
In summary, I conclude not only that the Employer has failed to meet its burden of proof; the
evidence overwhelmingly demonstrates that the Teacher is the victim of false allegations. The
grievance must be upheld and the Teacher made whole as soon as possible.
The Union has advised that it may wish to pursue a claim against the Employer for damages for
(the Teachers) loss of reputation, etc. I will remain seized regarding this matter so as to assist
the parties with remedy should such be necessary.
This 10
t h
day of July, 2014
"Joan I. McEwen"
Joan I. McEwen
Arbitrator

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