Crown stays assault charge against Calgary Justice John Shaw

The Alberta Crown Prosecution Service has stayed a domestic assault charge against Calgary Justice John Shaw.

Sarah Langley, a chief prosecutor with the appeals and specialized prosecutions office, provided an emailed statement to CBC News.

"The Alberta Crown Prosecution Service (ACPS) does not conduct prosecutions unless the evidence establishes a 'reasonable likelihood of conviction' and the matter is in the public interest," she said.

"This is a higher standard of proof than that of the police. Courts have an even higher standard to meet — before a person may be convicted of any crime, the case must be proven beyond a reasonable doubt," the statement read.

"These checks and balances mean that it is possible for one standard to be met, but for the case not to proceed at the next more onerous standard," she said.

Don MacLeod, Shaw's lawyer, says the decision to stay the charge was not unexpected.

"I'm not in the least surprised that the Crown, on an objective view of the evidence, reached its conclusion that there was no reasonable likelihood of a conviction and that it was simply not in the public interest to proceed with this case," he said.

Shaw is a judge with the Calgary Family and Youth Division of the Alberta Court of Justice.

He was placed on administrative leave after the charge was announced on April 6. 

"Shaw is on administrative leave and will not be assigned any judicial duties pending the conclusion of court proceedings related to this matter," the court said at the time. 

MacLeod says any decision related to when Shaw might resume his judicial duties falls outside his mandate and was unable to comment.