Card 010: breach of the law “same crime, same sentence” — teacher and a 16-year-old · Ontario · he — 14 months in jail, she — 90 days on weekends

teacher and a 16-year-old · Ontario · 2012 / 2014 · he — pleaded guilty, 14 months in jail; she — pleaded guilty, 90 days on weekends.

He was a teacher, 53. For half a year he was in a relationship with a 16-year-old student: oral sex, digital penetration; no intercourse. He pleaded guilty. Sentence: 14 months in jail.

She was a teacher. She met the boy when he was 13 and living in a group home as a Crown ward, then took him in as her foster son. When he was 16 the sex began — "many times a month, for several years" — until he ended it himself. She pleaded guilty. The court cited her illnesses and the fact that a term over 90 days would cost her a new job. Sentence: 90 days on weekends.

Later a judge in British Columbia wrote in another case that her case was "far more serious" than his.

Details: both decisions, the law, what happened after

He

Case: R. v. Biss
Citation: 2012 ONCJ 604
Court: Ontario Court of Justice
Date of decision: 2012-09-27
Charge: sexual exploitation (Criminal Code s. 153)
Outcome: pleaded guilty
Sentence: 14 months in jail
Facts: Teacher, 53; grade 11 student, 16; about half a year. 14 months and 3 years of probation (paras. 1–2, 4, 6, 84).
Decision: https://www.canlii.org/en/on/oncj/doc/2012/2012oncj604/2012oncj604.html

She

Case: R. v. C.S.
Citation: 2014 ONCJ 371
Court: Ontario Court of Justice
Date of decision: 2014-07-25
Charge: sexual exploitation (Criminal Code s. 153)
Outcome: pleaded guilty
Sentence: 90 days on weekends
Facts: Teacher and foster mother; the boy was a Crown ward; sex from age 16, for several years. 90 days on weekends, 3 years of probation, registry for 20 years (paras. 1–3, 9, 31, 34, 36, 38, 40).
Decision: https://www.canlii.org/en/on/oncj/doc/2014/2014oncj371/2014oncj371.html

Law

same crime, same sentence — Criminal Code s. 718.2(b) — https://laws-lois.justice.gc.ca/eng/acts/c-46/section-718.2.html
everyone is equal before the law and the courts — Charter s. 15 — https://laws-lois.justice.gc.ca/eng/const/page-12.html
the same rights for men and women — Charter s. 28 — https://laws-lois.justice.gc.ca/eng/const/page-12.html

After

A judge of the Provincial Court of British Columbia in R. v. Smith (2017 BCPC 265, para. 46): the circumstances of C.S. were "far more serious" than Biss's. — https://www.canlii.org/en/bc/bcpc/doc/2017/2017bcpc265/2017bcpc265.html

Machine version: /api/v1/010.json · added 2026-10-17