Duncan Shaw (judge)

Duncan Weld Shaw is a former British Columbia Supreme Court Justice who served on the Court from 1987 to 2007.[1] Shaw is best known for his ruling in R. v. Sharpe that Canada's law prohibiting child pornography was unconstitutional. In another case, he ruled that the media cannot publish the names of young offenders charged with serious crimes, including murder, until a transfer hearing to adult court takes place and a 30-day appeal period expires.[2] He retired shortly after receiving a complaint through the Canadian Judicial Council that he accepted hearsay evidence over the official transcript of trial. "Justice Shaw is now retired we no longer have jurisdiction to deal with a complaint regarding him." Mary Gill Administrative Services Officer. Canadian Judicial Council. But prior to his retirement the Canadian Judicial Council wrote defending his decision as being a right of all Federal Judges and not subject to their discipline seemingly contradicting the Canadian Charter of Rights regarding fundamental justice. [3]

Personal life

Shaw earned a Bachelor of Arts (1955) and a Bachelor of Laws (1956) from the University of British Columbia. In 1961, he married Patricia Nan Gardner.[4]

References
  1. "Former Justices (since 1996)". Members of the Supreme Court of British Columbia. Supreme Court of British Columbia. 2017. Retrieved 22 August 2017.
  2. Ian Bailey (January 21, 1999), Child porn judge considered student of the law, Canadian Press
  3. https://fundamentaljustice.com/wp-content/uploads/2020/12/CJCPigeon-ShawJudicialDiscretion_20201009_0001.pdf
  4. "Alumnae and Alumni". U.B.C. Alumni Chronicle. 15 (2): 13. 1961.



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