Charges stayed against Winnipeg teacher accused of inappropriate relationship with middle school student

Charges have been stayed against a man accused of having an inappropriate relationship with a student while working as a substitute teacher at a Winnipeg junior high school, court records show.

Jan Marcopined Laya was arrested and charged in March with six offences, including sexual assault and sexual interference. Police said a teenage student reported in October 2022 that Laya forged a relationship with her over seven months, between 2021 and 2022.

The student said that included sexual communication using social media and an incident at school where she alleged the substitute teacher tried to kiss her before she pulled away and ran from him, according to Winnipeg police.

A provincial spokesperson speaking on behalf of prosecutors said "further review and attempts to confirm the evidence" in Laya's case resulted in the Crown determining "there was no reasonable likelihood of conviction and a stay of proceedings must be entered."

A stay means while the charges are not formally withdrawn, they are not proceeding through court at this time. The province has a year from the date charges are stayed to reinstate them.

Court records show all six charges Laya faced — which also included a charge of invitation to sexual touching and a charge of transmitting, making available, distributing or selling sexually explicit material to a person under 16 — were stayed on Sept. 14.

The girl was identified only as a student at Acadia Junior High, which is located in south Winnipeg's Fort Richmond area. The school's website says it teaches students from Grade 7 to Grade 9.

While the student's age was not revealed, the charges against Laya — who police said was 32 at the time of his arrest — included luring a person under the age of 14 by means of telecommunication, and a separate charge of luring a person under the age of 16.

After being pressed for more details about exactly what led prosecutors to stay Laya's charges, the provincial spokesperson called the case a "very serious" one but noted prosecutors' ongoing obligation to assess their cases.

That process includes reviewing and working to confirm evidence, which may entail reviewing any new disclosure that comes in. An accused's defence may also provide more information or evidence for consideration as a hearing date approaches, the spokesperson said.

Prosecutors also meet with witnesses "to prepare them to testify and assess their ability to participate in and provide their evidence in a prosecution," the email said.

"Cases are rarely complete when first reviewed as forensic evidence and further interviews may be submitted after the initial investigation," the spokesperson said. 

A spokesperson for the school division where Laya was teaching said interim measures were implemented to remove him from the classroom after police informed the division in December 2022 they were investigating "a sensitive matter regarding a teacher" working at Acadia. 

Pembina Trails School Division superintendent and chief executive officer Lisa Boles said Laya is no longer working for the division.