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this post was submitted on 31 Aug 2023
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So, basically he is being criminally charged despite no longer being her teacher and while age of consent in Canada is 16 (unless older person is in position of power)? Disguisting as it is, why is he being criminally charged? This case has no legs, right?
There are exceptions. Someone who was up until recently a teacher may fall into the category of being in a position of trust or authority towards the minor. Without knowing the legal precedents, it’s hard to know how much of an edge case this is.
From the JusticeThe following factors may be taken into account when determining whether a relationship is exploitative of the young person:
From the* Justice Canada webpage on Age of Consent*
To me it's the fact that he abused his position of trust to initiate a private relationship that makes me feel that a crime may have been committed. (Due to compromised consent).
Also there may be an argument to be made that a highschool teacher remains in a position of authority while a former student completes post secondary education. As the former student is likely to perceive that a former teacher has potential influence over scholarships/bursaries or want to use them as a positive reference for a summer internship after their first year or something.
Rule of thumb is 1 year separation from the position of authority. At least, that's what's in the training from the Occupational Therapy regulatory body.
Yeah makes sense with my second point