Essentially, we in Quebec have the same concerns regarding the repeal of section 43. With our experience in Quebec, and the experience of the Quebec Provincial Association of Teachers regarding allegations of a criminal nature that were filed over the years against teachers, it has been confirmed by the legal counsel we work with on all those cases that section 43.... We've been asked how many cases or court decisions have mentioned section 43 as a defence for a teacher or education worker. There aren't many, and there's a reason for that: The majority of cases do not go to trial.
I was a witness in one case where we went to trial. We were before the judge representing our member. I think it was a junior prosecutor, who probably was not really aware of the existence of section 43, and the judge, from the get-go, basically right away took a decision at the bench, not documented, and he actually reminded the prosecutor of the existence of section 43.
It's very important to understand that in probably 90% to 95% of the cases where there are allegations, section 43 is considered by the different stakeholders before they go to trial. Obviously, from experience, there are allegations on a regular basis towards teachers for various reasons, including assault or alleged assault, and it takes a big toll on these teachers and their families. Even for an investigation to be completed, oftentimes we're looking at a year to a year and a half before the investigation is completed, and that's even before the prosecutor looks at the case, so the teachers are suspended for a good amount of time.
Certainly, we have exactly the same concerns that we will multiply the number of allegations and accusations, and there may be more cases going to trial in the absence of section 43.