Absent since February and under investigation for allegations of misconduct in the United States, Supreme Court of Canada Justice Russell Brown will not return to the bench. The highest court in the country announced on Monday that the magistrate was leaving his post, “with immediate effect. »
In its press release, the Supreme Court indicates that Justice Brown is “retiring. »
But at 57, the magistrate seems far from the mandatory retirement age for judges on the bench of this Court, set at 75.
A complaint had been made about Judge Brown to the Canadian Judicial Council. Consequently, he had been placed on leave of absence on 1er February and was to remain so throughout the complaint review process.
The magistrate was targeted by allegations regarding his conduct at a banquet in Arizona on January 28.
The complaint was reviewed by the Council and then, on March 30, the case had taken another step, having been referred to the judicial conduct review committee.
The investigation file in this case is now closed, given the departure of the principal concerned.
“Under the Judges Act, the Canadian Judicial Council has a duty to investigate complaints against federally appointed judges. Now that Judge Brown is no longer a judge, the Board’s jurisdiction over the complaint against him has ended under the Act. Therefore, the proceedings regarding Judge Brown before the Council are terminated,” Judicial Council spokeswoman Johanna Laporte said in a statement on Monday.
His departure from the Court means that the public will not know what really happened, at least not from the pen of the Council, the federal body that reviews ethics complaints against judges.
Since 1er February 2023, the Supreme Court sits with five or seven justices, which is permitted by law and not unusual.
“On behalf of the Court, I would like to recognize Justice Brown’s contribution over the past eight years, and wish him the best in his future endeavours,” wrote Richard Wagner, Chief Justice of the nation’s highest court. , in a statement.
The Alberta judge was appointed to the Supreme Court of Canada in the summer of 2015 by former Prime Minister of Canada Stephen Harper. He previously sat on the Alberta Court of Appeal, after having pursued a career as a lawyer and law professor.
On Monday, Mr. Wagner also invited Prime Minister Justin Trudeau to quickly name a replacement for Judge Brown.
This is not the first time that the Canadian Judicial Council has reviewed a complaint involving a Supreme Court of Canada judge. This was the case in 2001 against Judge Michel Bastarache, as well as in 2008 against Chief Justice Beverley McLachlin. The complaint against the magistrate was filed in connection with the recommendation to award the Order of Canada to Dr Henry Morgentaler; by statute, the Chief Justice is Chair of the Advisory Council of the Order of Canada.
In both cases, the complaints were dismissed.
With Boris Proulx