Supreme Court Justice Russell Brown retires, ending judicial review

Chief justice comments on Brown's retirement Supreme Court Chief Justice Richard Wagner comments on Justice Russell Brown's retirement.

Facing a probe into alleged misconduct, Justice Russell Brown has decided to retire early from the Supreme Court of Canada, effective immediately.

With his decision to leave Canada's top court, a review into a judicial complaint levelled against him has halted, though work is already starting to find his replacement.

"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… The process has also imposed a significant strain on my family and me," Brown said in a statement issued Monday.

In usurping the Canadian Judicial Council's ability to proceed with its hearings regarding the allegations against him, Brown said that while he was confident that ultimately the matter would have been dismissed, "the continuing delay is in nobody’s interests."

“I had hoped this issue would be dispensed with quickly and would not significantly impact the Court’s business. Sadly, that has not been the case," Brown said. "I 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."

According to the judicial body responsible for investigating complaints made against federally appointed judges, because Brown is no longer a Supreme Court justice, "the Council's jurisdiction over the complaint against him has ended."

Brown, who was appointed to the court by then-prime minister Stephen Harper in 2015, had been absent from the bench but on paid leave since February.

His absence was pending the outcome of a review, announced in March, stemming from allegations that Brown was involved in an altercation with a group at a Scottsdale, Arizona hotel bar in late January.

The incident followed a black-tie event celebrating prominent Canadian jurist Louise Arbour.

As CTV News and other outlets have reported, before the night was over, Brown became involved an physical confrontation. According to police records, a U.S. veteran accused then-Supreme Court justice being intoxicated and harassing female patrons in a way that made them uncomfortable, before going on to trigger the Canadian judicial complaint.

Justice Brown has strenuously denied the allegations. In a statement from his lawyers at the time, Brown called the complainants' version of events "demonstrably false."

In his Monday statement, Brown said his counsel had uncovered evidence that "disproves the claims made against me," and indicates the complainant, an American man acted in order to "get ahead" of the situation.

In a supporting letter, Brown's lawyers Brian Gover and Alexandra Heine wrote that Brown's departure from Canada's top court 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’s judicial discipline process."

The pair of lawyers pointed to a list of evidence uncovered during the investigation that they said showed the allegations levelled against Brown were "fraught with glaring contradictions, inaccuracies, and embellishments."

This evidence, Brown’s lawyers said, including surveillance video of the entire interaction, evidence from the hotel's bartender and security officer both who were on-scene, a recording of the complainant's 911 call, investigative reports, and other submissions.

Both Justice Minister David Lametti and Chief Justice Richard Wagner were informed of Brown's decision to retire at age 57 on Monday, according to statements from their respective offices.

While acknowledging Brown's contributions over the last eight years, Wagner said he wishes Justice Brown "all the best in his future endeavours," while Lametti said he "respects" Brown's decision, pointing to his "contributions to the Court."

Canada's chief justice is now calling on Prime Minister Justin Trudeau to "exercise promptly the necessary care and consideration in appointing a new justice of the Supreme Court of Canada." While vowing the work at Canada's top court will "continue to serve Canadians in rendering independent and impartial decisions on questions of importance to the public."

Lametti said the process to appoint a new Supreme Court justice "will be launched in the coming days."

"We will have more to say in due course," said the justice minister.

Reacting to the news, Public Safety Minister Marco Mendicino recognized Brown's decision and said "a number of factors" will go in to finding his replacement as a jurist from the west.

"Every time there is a vacancy that opens up on the Supreme Court, it's an opportunity for the government, to first understand what the needs of the court are, but equally to be sure that the individual brings again the highest qualifications with regards to the law," Mendicino said.