Sudbury teacher accused of sexually assaulting students expected to avoid conviction

A former teacher in Sudbury accused in multiple sexual assault cases could avoid a criminal record under terms of a plea deal that involves a peace bond

A former Sudbury teacher accused of sexually assaulting several student may escape a criminal conviction and settle his case by agreeing to a peace bond.

Michael Zanier, a former St. Charles College teacher in his late 50s, is facing nine charges each of sexual interference and sexual assault.

He was first arrested June 30, 2022, and additional charges were laid Aug. 25 that year and Feb. 22, 2024, after complaints about inappropriate behaviour and touching involving students. The alleged incidents took place between 2010 and 2022.

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Charges from the earlier dates are alleged to have happened at a Catholic elementary school where Zanier taught.

His trial was supposed to start in December but was delayed after new evidence came to light.

The evidence involved a former school administrator with criminal negligence charges for not acting on complaints from students. It was also connected to two complainants, one who said their leg was touched and the other allegedly took a video of the incident.

Resolution made

At a trial confirmation hearing held in Sudbury court Tuesday morning, Zanier’s attorney, Dean Embry, appeared virtually and said a resolution has been made in the case.

While the reason for the resolution is unknown, it appears time may have run out for the Crown to prosecute him under Canada’s Jordan rule.

R. v. Jordan established a timeline of 18 months for cases to be brought to trial in the Ontario Court of Justice, not including delays made by the defence.

Justice Leonard Kim took issue with Zanier not appearing at Tuesday’s hearing, but the Crown agreed that he didn’t need to be present for the day’s proceedings.

Preliminary hearing cancelled

Embry asked the court to vacate the preliminary hearing date scheduled for July 11 and Kim agreed.

The defence attorney, who practices in Toronto, said the matter would be going straight to peace bond, meaning Zanier will not have a criminal conviction or record about the charges.

“It is used where an individual (the defendant) appears likely to commit a criminal offence, but there are no reasonable grounds to believe that an offence has actually been committed,” the Department of Justice Canada said on its website.

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A peace bond also means the person is required to keep the peace and be of good behaviour while following certain conditions ordered by the court.

They are usually in place for a limited time, typically up to one year, but can be renewed.

Zanier has been scheduled to enter a peace bond at 11 a.m. July 4, which would apply to all outstanding charges.

Zanier is listed as inactive/non-practising on the Ontario College of Teachers’ website.

An attorney with knowledge of the case said he likely will not be able to teach again as one of the conditions of the peace bond.

CTVNewsNorthernOntario.ca has reached out to Embry for comment and is awaiting a reply.

Resources for sexual assault survivors

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found at ReeseCommunity.com. Resources in your community can be found by entering your postal code.

• If you are in immediate danger or fear for your safety, you should call 911.
• Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found .
• National Residential School Crisis Line: 1-866-925-4419
• 24-hour crisis line: 1-416-597-8808
• Canadian Human Trafficking Hotline: [phone]
• Trans Lifeline: 1-877-330-6366
• Sexual misconduct support for current or former members of the Armed Forces: 1-844-750-1648

Read about your rights as a victim here.