Russell Brown retired from the Supreme Court of Canada on Monday, ending a probe into allegations of misconduct, and the federal justice minister says the search to replace him will begin 鈥渋n the coming days.鈥�
The Canadian Judicial Council, the body tasked with disciplining judges, said it no longer has jurisdiction to continue investigating allegations of misconduct stemming from an event at an Arizona hotel in January.
Brown has vigorously denied accusations that he was intoxicated and harassed a group of friends at an event at an upscale resort in Scottsdale, Ariz.
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� Brown said in a statement Monday.
The justice, who was appointed to the Supreme Court in 2015 by then-prime minister Stephen Harper, had been on leave from the court since Feb. 1 pending the outcome of the council鈥檚 review, which was not announced until March 7.
Brown spoke at the event held by Arizona State University to honour former Supreme Court justice and human rights advocate Louise Arbour.
The responding officer recorded his arrival at the resort around 1:30 a.m. on Jan. 29, according to a police report obtained by The Canadian Press.
In the report, Jon Crump accused Brown of being intoxicated and 鈥渉itting on鈥� his female companions. Crump alleged that Brown followed the group to their hotel room. Crump said he then punched the justice 鈥渁 few times鈥� to prevent his entry.
Police reported Crump was 鈥渁rgumentative, hostile (and) antagonistic鈥� and the officer interviewing him wrote he believed he was 鈥渦nder the influence of alcohol.鈥�
The police were unable to interview Brown but found no crime had taken place.
In a statement put out shortly after Postmedia first reported his absence from the court, Brown described Crump鈥檚 version of events as 鈥渄emonstrably false,鈥� saying he was invited to join the group before what his statement described as an unprovoked attack.
鈥淥utside the lounge, Mr. Crump objected to me rejoining the group and suddenly, without warning or provocation, punched me several times in the head. Taken by surprise, I was unable to defend myself,鈥� Brown said.
In his Monday statement, Brown said he had allowed his lawyer to release evidence that 鈥渄isproves the claims made against me.鈥�
鈥淭he evidence uncovered during the investigation into the complaint demonstrated that the complainant鈥檚 allegations were fraught with glaring contradictions, inaccuracies, and embellishments,鈥� wrote lawyers Brian Gover and Alexandra Heine in their own statement.
They said the evidence shows a 鈥渃alculated plan by the complainant to concoct an account in which Justice Brown was the aggressor 鈥� to 鈥榞et out ahead of it,鈥� in the words of one of the complainant鈥檚 own companions.鈥�
That evidence, the lawyers said, included surveillance video, evidence from the hotel鈥檚 bartender, the security officer at the hotel, a 911 phone call and other material.
Neither Crump nor other members of the group have responded to earlier requests for comment from The Canadian Press.
Chief Justice Richard Wagner said the Supreme Court will continue to render decisions in Brown鈥檚 absence, but he is calling on Prime Minister Justin Trudeau to promptly appoint a new justice.
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� he said in a statement.
Justice Minister David Lametti said he received a letter earlier Monday informing him of the resignation.
鈥淚 respect Justice Brown鈥檚 decision, and want to acknowledge his contributions to the Court,鈥� he said in a statement.
鈥淭he process to appoint a new Supreme Court Justice will be launched in the coming days. We will have more to say in due course.鈥�
鈥擠avid Fraser, The Canadian Press
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