Calgary Lawyer Withdraws in Sex Assault Case Over Expert's Oath Concerns
Noteworthy legal proceedings in Calgary and the surrounding area from March 23 to 27, 2026, have taken a dramatic turn as a defence lawyer withdrew from a high-profile sex assault case. The withdrawal occurred due to serious concerns that a proposed expert witness may have provided false testimony under oath, raising significant ethical and legal issues.
Defence Counsel Steps Down Amid Ethical Dilemma
Defence lawyer David Roper informed Justice Jim Eamon that he could no longer represent his client, who is charged with sexually assaulting a former intimate partner. This decision followed the cross-examination of Dr. Colin Shapiro, a psychiatrist specializing in sleep disorders, including "sexsomnia," a condition where individuals engage in sexual acts while asleep.
Roper indicated that information surfaced on Wednesday evening, after court proceedings, which led him to believe Dr. Shapiro may have lied about his knowledge of a court subpoena requiring his attendance via video link from Toronto on Monday morning. "I am in a position where I cannot ethically proceed and I am seeking to withdraw as counsel of record," Roper stated, emphasizing his obligation to inform the court about the potential unreliability of Shapiro's evidence.
Expert Testimony and Subpoena Dispute
Dr. Shapiro, a University of Toronto professor, was under subpoena to appear in court at 10 a.m. on Monday. During cross-examination by Crown prosecutor Kenna Morris, Shapiro claimed he was unaware of this requirement. However, Roper's subsequent findings suggested otherwise, prompting the lawyer to withdraw and raising questions about the expert's credibility.
Justice Eamon granted Morris's application to reopen cross-examination on Shapiro's knowledge of the subpoena. Additionally, the judge ordered Shapiro to be available for further cross-examination when the trial resumes on June 8, unless an earlier date can be arranged. Shapiro is expected to attend court remotely on Friday for updates on the proceedings.
Legal Implications and Trial Disruption
The withdrawal has significant implications for the trial, as Roper is now considered a potential witness and has been excluded from the courtroom under witness exclusion orders. The case, which involves a defence based on sleepwalking or sexsomnia, is now on hold pending resolution of these ethical concerns.
This incident highlights the critical role of expert witnesses in legal cases and the importance of maintaining integrity in court proceedings. It also underscores the ethical responsibilities of lawyers to uphold justice, even when it means stepping down from representation.
The trial's outcome remains uncertain as the court navigates these complex issues, with further developments expected in the coming months.
