THUNDER BAY - Justice Patrick Smith and Justice Douglas Shaw, who have not only served the Northwest justice system for decades, but also worked closely alongside one another, will be hanging up their robes.
A virtual retirement ceremony was held for Smith and Shaw late Thursday afternoon, where their long careers were celebrated by colleagues and family members.
“I have always regarded our bench in the region to a small closely-knit law practice,” said Shaw. “I learned from them all and regarded them all as friends.”
Shaw was born in Yorkton, Sask. and he received his masters and bachelor’s of law from the University of Toronto.
He practiced law in Thunder Bay, Kenora, and Fort Frances and was a member of the Thunder Bay Bar Association for 27 years before being called to the bench where he served as a Superior Court Judge for 16 years.
Justice Bonnie Warkentin, who is also married to Smith, said Shaw and Smith’s legal careers have been intertwined for years, and they have remained strong colleagues and close friends throughout their time serving in the justice system.
“Doug and Patty exemplify the best characteristics of those who serve,” she said. “They stand for the best that our profession offers.”
Smith practiced law in his hometown of Fort William for 26 years, where he gained experienced in family law and mediation and acted on behalf of many First Nation organizations.
Throughout his career, he also served as the president of the Thunder Bay Law Association and was one of three judges to be appointed to the Specific Claims Tribunal in 2009.
The tribunal was tasked with addressing unresolved Indigenous land claims and Smith drafted the rules of procedure.
Smith served as a judge for 20 years and he said in that time there were many high points and some low ones.
“In addition to the opportunities, I would have to add that the high point of my career was the friendship and collaboration with Murray Sinclair,” he said.
Smith worked with Justice Murray Sinclair to develop a course in Aboriginal law for trial judges and co-authored a handbook on Aboriginal law with the former senator.
Smith also acknowledged a low point in his career when he received notice from Canadian judicial Council advising they would be bringing a case against him for acting as interim dean of the Bora Laskin Law School.
The council alleged Smith had breached the Judge’s Act and judicial ethics when he accepted the interim position in 2018 following the resignation of Angelique Eaglewoman, who accused the university of systemic racism.
Smith challenged the judicial notice as unwarranted and in 2020 a Federal Court of Canada judge exonerated him of any wrong doing.
“All judges in this country can now participate more fully in their communities,” Smith said. “So this not only was a success for me personally, but more importantly it was beneficial to judges across Canada and communities that they serve.”
With his long career now coming to an end, Smith said he plans to spend time working around his family home, enjoying winter sports with his family even though he also decided to resign from the International Ski Federation of which he was a board member for many years, and he plans to travel more when it is safe to do so again.
“What will I do to pass the time and fill my days?” Smith said. “These questions do not concern me.”
