The Canadian Judicial Council (CJC), a regulatory body for the country’s judges, said Justice Russell Brown’s decision to retire effectively ends the investigation against him into alleged misconduct.
In a June 12 statement, the CJC said that since March 7, an investigation had been underway following events that arose out of a banquet attended by Brown, 57, in Arizona on Jan. 28. The complaint about the judge’s conduct had been referred to a Judicial Conduct Review Panel as of March 30.
Brown has denied allegations he was intoxicated and harassed women at a luxury hotel located near an award event he was attending to introduce Louise Arbour, a former Supreme Court justice. He released a statement on June 12, according to Canadian Lawyer Magazine, in which he said which said, “For over ten years—eight on the Supreme Court of Canada—I have had the privilege of serving our country as one of its judges. Throughout, I have striven to do so with integrity and in the national interest.”
“Unfortunately, as a result of a complaint made against me in connection with an event in late January in Arizona, I have not participated in the Court’s work for over four months. During this time, the Court has had to hear and decide important appeals without the benefit of a full panel,” continued Brown.
“At this point, it is impossible to know how much longer this delay would continue to impact on the Court’s work. Given the progress so far, it is not unreasonable to think that this process may continue well into 2024,” he said, concluding his statement by saying it had been “an honour to deliberate on the important issues facing our country.”
With Brown’s resignation, the CJC said it no longer had jurisdiction over the complaint against the judge. “As such, proceedings before the Council that involve Justice Brown have come to an end,” said the statement.
According to the Globe and Mail, Brown, who has served as a judge for eight years, asked for the weekend to consider what he wanted to do, and then resigned before the council was going to announce it had decided to hold a public hearing into the allegations against the judge.
On the same day as his resignation, the Supreme Court of Canada website modified the listing for Brown, stating, “He retired on June 12, 2023.”
Brown had been on a paid leave of absence from his court duties since Feb. 1 while the council considered the complaint.
Allegations of unwanted touching were made to the CJC on Jan. 29 by Jon Crump, a 31-year-old former member of the U.S. Marine Corps from Philadelphia, who said the judge was intoxicated and “hitting” on his female friends. A woman would later tell police that the judge kissed her on the cheek “once or twice,” and touched her back and leg.
Crump told police that Brown followed the group of friends when they went to their hotel rooms, and Crump told him not to follow them. “I told him: ‘You’re clearly intoxicated and the girls are creeped out by you.’ He shoved me …. I pushed him back, then punched him in the face twice and he fell to the ground,” according to details in the Vancouver Sun on March 9.
Brown said in a statement to police that he was punched several times without provocation or warning.
According to police, Brown had no signs of injury and did not require medical help.
The CJC has only recommended the dismissal of five federally appointed judges since 1971, and must first hold a public inquiry to determine if the judge has lost the trust of the Canadian public.
The work of Brown, who was appointed to the Supreme Court in 2015 by then-prime minister Stephen Harper, was recognized by Supreme Court Chief Justice Richard Wagner, who in a statement wished Brown all the best in his future endeavours.
Wagner said a new justice needed to be appointed promptly to replace Brown.
