In Summerside provincial court Wednesday, the 41-year-old one-time Kensington Intermediate Senior High School principal pleaded guilty to luring an underage student via text message.
Over the span of few days in December, Foster, who, at the time, was principal at the Kensington school, and a 17-year-old female student were texting back and forth, with Foster calling the girl “hot,” “attractive,” going as far as to suggest they rendezvous and meet up in the school’s “book room” the following Monday.
Foster was suspended immediately after the incident came to light. His victim was in the courtroom for Wednesday’s proceedings.
“He is committed to his marriage and his family,” said Foster’s Halifax-based attorney Joel Pink. “It was a lapse of judgment.”
Crown attorney John Diamond presented the facts of the case, telling the court how East Prince RCMP and Kensington police launched an investigation after receiving a complaint of Foster’s conduct with the teenage girl.
Police first spoke with the student, who showed police numerous text messages between she and Foster between Dec. 7 and 10 of last year.
Diamond called the messages inappropriate, noting Foster asked the girl to meet, called her “tempting” and expressing how the authority figure, more than twice her age, was attracted to the young woman.
Foster said his wife and eight-year-old child were away and that he could “pick up” the young woman in Kensington.
A number of times Foster advised the young woman via text to continuously delete the messages.
Foster was eventually arrested at his Summerside home and taken to the East Prince RCMP detachment for questioning. He immediately contacted his lawyer and didn’t make a statement to police.
Foster’s home was seized and the messages were retrieved from both his phone and that of his victim.
“He tells her she is tempting, has a great personality, attractive, sweet, funny, smart and hot,” Diamond said of Foster’s messages.
Foster had no previous record.
Diamond and Pink presented a joint 90-day sentence recommendation followed by a 24-month period of probation.
Pink indicated that, on his instruction, Foster underwent sexual deviance assessment by a Halifax-based psychologist immediately after the charge was laid. That assessment, said Pink, concluded that Foster has “no characteristics or features of a repeat offender” and “no significant threat to sexually offend against a minor.”
“He is of exceptional low risk,” said the defence attorney, who noted Foster has “an excellent work history” having taught for 15 years, the last three of which were spent as principal at KISH.
Both Diamond and Pink, in asking for the 90-day intermittent sentence, said that Foster’s guilty plea saved the court considerable expense and saved the victim having to testify.
“It is a breach of trust, which is something to be considered here,” said Diamond. “The effect of what has transpired has been significant (for the victim) and only would have been heightened” by going to trial.
Pink noted the incident was “poor decision making” on his client’s part, one that has significant repercussions for Foster.
“As a result of his plea, it is expected he will be resigning from his position,” Pink told the court. “There is a chance he will be losing his teacher’s license.”
An intermittent sentenced was requested so that Foster could start work at a job not related to teaching in June and return to university.
But, after hearing sentencing submissions and documentation in the case the prior, Judge Jeff Lantz said he would need time to render his decision.
“I don’t feel comfortable in making a decision this quickly,” added Lantz. “Everyone wants to get it done today but I don’t want to be rushed.”
Sentencing will take place June 5 at 11 a.m.
Outside the courthouse, as Foster — who is free until his next court date — rushed out the side door with his head covered, Pink told media that his client simply wants to move on with his life.
“It’s an unfortunate incident where one person’s error in judgment over a very short period of time has probably led him to the loss of his career plus he’s going to do time in jail,” said Pink. “That, in itself, is a message to everyone, whether you are a school teacher, lawyer, a doctor or anybody, that you cannot communicate by way of text messages to invite young people under the age of 18 to partake in any sexual activity.”
