“Teachers must live up to that trust that parents and students and families and society placed in them to guide and teach students and not to abuse them.”

That from Justice Deborah Austin as she sentenced a former Petrolia teacher to a year in jail after being found guilty of sexual exploitation.

Austin said the 12 month jail sentence for Gillian Boere, “is necessary to send a clear message that teachers must respect a clear boundary, not only in relation to the students they directly teach, but also to those students who volunteer for in or around their classrooms or classroom activities, or preparation, in co-op, programs and field trips and coaching.”

Boere was found guilty of sexual exploitation in a Sarnia court on Jan. 28 after four encounters with a teenaged boy over the summer of 2019. Sexual exploitation charges are laid when a person is a position of trust or authority to a minor according to the Criminal Code.

Boere was an elementary school teacher in Petrolia but the teen was not her student. There is a publication ban on any evidence which might identify the teen including how they knew each other.

Court heard the encounters began after the break up of Boere’s marriage. The teen visited her home and she began to cry. He asked her if she needed a hug, which lasted five to 10 minutes. The two then shared a kiss before the teen left. Court heard she told the teen not to say anything about the incident because she could be in trouble.

There were two other sexual encounters, one which the judge found sexual touching had taken place the other where there was intercourse. The teen distanced himself from Boere after having sex in the 34 year-old’s car in August.

Boere who had faced four charges was found guilty of the single count of sexual exploitation.

In her ruling Tuesday, Judge Austin says it was Boere’s responsibility to make sure a caring gesture during a difficult time was only that. Boere’s marriage was falling apart at the time, Austin said.

“Crying and sharing her personal difficulties was an extraordinary situation to be placed in, (and) put them in an intimate context that was unfair, unequal and confusing…

“As an adult acting in her capacity as a teacher – however difficult and painful her situation – her clear duty was not to seek or accept any sexual contact with a young person as a means of coping.”

Austin also denounced people who would shame or blame the teen, saying he had been exploited by an adult he trusted.

“Adolescence can be a confusing and challenging time for young people as they grow and mature, navigate friendships, peer groups and discover their sexuality,” said Austin. Reading from case law she added; “‘To exploit young teenagers by leading them to believe they’re in a love relationship with an adult reveals the level of a morality that is of great concern.’ In this case, this young person was clearly put in a situation of emotional confusion, turmoil conflicted loyally, secrecy about the relationship as he testified. There was stress and confusion for him about how to extract himself. These are all aspects of emotional abuse and distress.”

Austin added that all placed pressure on the teen and his family who faced “shame, blame and even being called out publicly” at a wedding in the aftermath as rumours circulated in the community after media coverage of the charges.

Boere’s lawyers wanted a conditional sentence however the charge of sexual exploitation has a minimum sentence of 90 days.

There were many letters submitted to the court which talked about Boere’s skills as a teacher and her contributions to the community.

“These characteristics are all noted, but they also reinforce why the trust was high. While she was a trusted and respected teacher, community member but for this offense, they reflect how painful it is when such a high trust is breached in this way,” said Austin.

Austin found that while Boere wasn’t the teen’s teacher, she was acting as a teacher in a position of trust during their interactions, that Boere was more than double his age and that a message needed to be sent about the position of trust teachers hold in the community.

“It is important for this court and its message in this sentence to stress that there must be clear boundaries for teachers engaging with students, not only with the students that they teach, or even the students who attend their schools, but also in their other broader roles as teachers including supervising co-op placements supervising student volunteers in school related activities before or after, inside and outside the school buildings, including in classroom preparations or field trips and the like. It is arguably more important to emphasize these boundaries of trust when these interactions are in a less formal, less structured and more casual context, not only in a school or during classroom teaching hours but whenever and wherever their role as a teacher is engaged,” she said.

Boere did not speak during sentencing, however she did send a Facebook message to the victim and his family when she was found guilty saying “I will never forgive myself on how this has affected him, ever.”

Boere was also sentenced to a year probation after serving her sentence. She must also submit a DNA sample to the Data Bank and Boere be listed under the Sex Offenders Registration Act for 10 years.

Boere was fired in March 2021 by the Lambton-Kent District School Board. The College of Teachers says Boere is still a member in good standing but “On Sept. 6, 2020, the member undertook that she will not seek or engage in any employment for which a Certificate of Qualification and Registration is required, until the College disposes of the complaint against her.

“At the present time, there has been no finding made against the member,” says a notation on the College’s website Tuesday afternoon.