Canadian Supreme Court Puisne Justice Russell Brown Friday released a statement denying wrongdoing after the Canadian Judicial Council announced that it was reviewing a complaint against the Justice. Chief Justice Richard Wagner, after a conversation with Brown, placed him on leave from the court on February 1 as a result of the investigation.
The US man who filed the complaint with the Judicial Council, Jon Crump, told the publisher of the Vancouver Sun, Postmedia, that he engaged in a physical altercation with Brown at an Arizona resort. Brown was in Arizona for the awarding of the O’Connor Justice Prize to former Supreme Court of Canada Justice Louise Arbor. Crump claimed that when banquet attendees and others were dispersing after some evening socializing, Brown shoved him while allegedly intoxicated. Brown countered in his own statement that Crump punched him multiple times without provocation. Brown called Crump’s statement to Postmedia “demonstrably false.”
The Canadian Judicial Council announced on March 7 that it had received a complaint against Brown in January 2023, but the council did not disclose the details of the complaint. Brown provided the council with his response on February 20. The matter is currently before the Chairperson of the Council’s Judicial Conduct Committee, Justice Christopher Hinkson.
Under Canada’s Judges Act, the Judicial Council may investigate any complaint made against a federally-appointed judge. At the conclusion of an investigation, the council may recommend that parliament remove the judge from office.
The Judicial Council has only recommended the removal of two judges in its history, but Parliament has never removed a judge as both judges put up for removal voluntarily resigned.
The court will continue its normal operations during Brown’s absence. It will hear three cases in April and six in May.