Supreme Court of Canada (SCC) justice Russell Brown has stepped down from the nation鈥檚 highest legal institution. 亚洲天堂 Lake鈥檚 most notable legal figure has been under legal fire of his own, for most of 2023, and it was due to these allegations that he chose to retire.
鈥淛ustice Brown was appointed to the Court on August 31, 2015. He has been absent from the Court since Feb. 1, 2023, while the Canadian Judicial Council reviewed a complaint against him. The Council announced today that the matter has been closed, given the resignation of Justice Brown,鈥� said a statement from the SCC.
鈥淥n behalf of the Supreme Court of Canada, I would like to acknowledge Justice Brown鈥檚 contribution over the last eight years and wish Justice Brown all the best in his future endeavours,鈥� said the Right Honourable Richard Wagner, P.C., Chief Justice of Canada.
Brown鈥檚 legal representative had stronger language for Brown鈥檚 contributions to the nation.
鈥淛ustice Brown鈥檚 meteoric rise to the Supreme Court of Canada, his unblemished reputation as a judge, and his significant contributions to Canada鈥檚 jurisprudence in the areas of commercial, constitutional, tort, Aboriginal and criminal law, must be celebrated. We know that his contributions to law and to our legal culture will both endure and continue,鈥� said a statement issued by lawyers Brian Gover and Alexandra Heine, Brown鈥檚 legal representatives. 鈥淛ustice Russell Brown has made the extremely difficult decision to retire from the Supreme Court of Canada to allow a replacement judge to be named and so that the work of the Court will not be impacted during its busy fall term, and for possibly another year. He has made that difficult decision in an effort to serve the public interest and the best interests of the Court on which it was his privilege to serve.鈥�
The investigation in question stemmed from allegations being considered by the Canadian Judicial Council.
鈥淭he Council announced on March 7, 2023, that it was reviewing a complaint into the alleged conduct of Justice Brown, stemming from events which took place while he attended a banquet in Arizona on Jan. 28, 2023,鈥� said the council. 鈥淧er the Judges Act, the Canadian Judicial Council has the duty to investigate complaints made against federally appointed judges. Since Justice Brown is now no longer a judge, the Council鈥檚 jurisdiction over the complaint against him has ended under the Act. As such, proceedings before the Council that involve Justice Brown have come to an end.鈥�
Brown issued a statement of his own, following his announced retirement, and it was provided to the Lakes District News.
It said: 鈥淯nfortunately, 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 (SCC鈥檚) 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. At this point, it is impossible to know how much longer this delay would continue to impact on the Court鈥檚 work. Given the progress so far, it is not unreasonable to think that this process may continue well into 2024.
鈥淭he process has also imposed a significant strain on my family and me. I cannot ignore this.
鈥淲hile my counsel and I are confident that the complaint would have ultimately been dismissed, the continuing delay is in nobody鈥檚 interests 鈥� the Court鈥檚, the public鈥檚, my family鈥檚 or my own.
鈥淚 have therefore decided that the common good is best served by my retirement, so that a replacement judge can join the Court in time for its busy fall term.
鈥淚n light of publication earlier this spring of certain aspects of the complainant鈥檚 version of the events, however, I believe I should clear the record.
鈥淭o that end, I have authorized my counsel to release a statement disclosing evidence that disproves the claims made against me. It shows that the person who punched me was described later by police as 鈥榓rgumentative, hostile [and] antagonistic,鈥� and who 鈥榖egan swearing profanities.鈥� The officer concluded that this was due to intoxication. The complainant apparently complained to both the police and the Canadian Judicial Council, in the words of one of his companions, to 鈥榞et ahead of it,鈥� apparently to avoid the legal repercussions of his actions.
鈥淏ecause the allegations made against me are false, I had hoped this issue would be dispensed with quickly and would not significantly impact the Court鈥檚 business. Sadly, that has not been the case.
It has been an honour to deliberate on the important issues facing our country and I am deeply appreciative of the opportunity that I鈥檝e had to serve Canada.鈥�
The SCC stated that it was now turning to the prime minister, who鈥檚 responsibility it is to facilitate the naming of Brown鈥檚 replacement.
To read the details of Brown鈥檚 rebuttal of the allegations, as presented by Gover and Heine, see the online version of this story at the website for the Lakes District 亚洲天堂.
Statement of Counsel for Justice Brown
This decision was the regrettable result of a spurious complaint that was lodged against Justice Brown by a 31-year-old ex-Marine who, while intoxicated and belligerent, punched Justice Brown without provocation and later weaponized Canada鈥檚 judicial discipline process.
The evidence uncovered during the investigation into the complaint demonstrated that the complainant鈥檚 allegations were fraught with glaring contradictions, inaccuracies, and embellishments.
The substantial evidence refuting the allegations included:
- Surveillance video footage depicting the entirety of Justice Brown鈥檚 interactions with the complainant鈥檚 companions;
- The evidence of the Hotel鈥檚 bartender, who was working a few feet away from the table where Justice Brown and the complainant鈥檚 group were sitting;
- The evidence of the Hotel鈥檚 security officer who attended at the scene of the incident and interacted with Justice Brown at length;
- The recording of the complainant鈥檚 911 call;
- The legal opinion of the former Chief Justice of the Supreme Court of Arizona, who, after examining the evidence in this case, concluded that under Arizona law, there was no basis for the complainant鈥檚 allegations of harassment and that there was no possible legal justification for his attack on Justice Brown;
- The Body-Worn Camera footage, which showed where the incident took place; and
- The investigative reports prepared by a very experienced and capable investigator, who is a former police detective.
Remarkably, the complainant鈥檚 two female companions made public social media posts about the incident, which showed that they found the incident humorous and used it to benefit financially. One of them stated 鈥淚鈥檇 like to personally thank the country of Canada for an unforgettable and complimentary girls trip.鈥� The other commented with a series of emojis, including a heart, a laughing-until-you-cry smiley, two punches, a police officer, a sunrise, and a bag of money. After the incident was reported by the press, these two individuals deleted their social media posts.
This evidence and the other evidence uncovered increasingly pointed in one direction: to a calculated plan by the complainant to concoct an account in which Justice Brown was the aggressor 鈥� to 鈥済et out ahead of it,鈥� in the words of one of the complainant鈥檚 own companions.
We are confident that, in light of all this evidence, Justice Brown would have been completely vindicated at the conclusion of the Canadian Judicial Council鈥檚 process. However, the effect of the process on the Court and the considerable strain on Justice Brown and his family, have led him to this decision to retire.
Today marks the end of an unmistakably regrettable chapter in Canadian legal history. It is extremely disappointing that, for the first time in the CJC鈥檚 history, the complainant鈥檚 unchallenged accusations were released to the public. It is beyond unfortunate that an unmeritorious complaint 鈥� brought for the purpose of weaponizing the CJC鈥檚 process 鈥� went as far as it did.
