Go to this video on vimeo of a speech by Judge Duncan Shaw https://vimeo.com/165097525
Parliament almost invoked s33 of the Charter to remove his ruling declaring the law on child pornography unconstitutional.
Sharpe had no lawyer. Shaw claims he took over much of the Sharpe’s defense as Sharpe was incapable of doing so.
Justice Al McEachern was overseeing Judicial Complaints at the time, married to Justice Newbury, who heard my Appeal at the BC Court of Appeal. Not completely unlikely that she would have known the story of Judge Shaw in great detail prior to my bringing up his name when I appeared before the Court requesting a right to Appeal which was denied. The Judiciary didnt want this problem which they had worked so hard to bury in the past. Newbury even made a point of stating in her reasons that the Judge was “well respected”
Judge Shaw conducted the cross examination himself because Sharp was not competent to do so and had no lawyer. So who created the arguments that Shaw then subsequently found so troubling to resolve that he stated that this was the hardest case he ever encountered. Harder to resolve than deciding that faced with the transcript clearly demonstrating that a lawyer created a fraudulent court order he took the easy step of calling on the Plaintiff and requesting that she perjure herself, in order to protect her lawyer. AND preferring that lie to the transcript…