By the Canadian Judicial Council
The Canadian Judicial Council announced today that it is reviewing a complaint into the alleged conduct of the Honourable Russell Brown of the Supreme Court of Canada.
The complaint against Justice Brown was received on January 29, and referred to the Honourable Christopher Hinkson, Chief Justice of the Supreme Court of British Columbia and Chairperson of the Council’s Judicial Conduct Committee.
On January 31, Chief Justice Hinkson asked Justice Brown to comment on the allegations in the complaint; Justice Brown provided comments on February 20. As with any complaint against a judge, this matter is being reviewed in accordance with the Council’s Review Procedures (https://cjc-ccm.ca/sites/default/files/documents/2019/CJC-CCM-Procedures-2015_0.pdf)
Under the Judges Act, the Canadian Judicial Council has the authority and duty to investigate complaints made against federally appointed judges.
All investigations are conducted according to the Review Procedures mentioned above. Section 2.2 of those procedures provides that the Chairperson of the Council, who is the Chief Justice of Canada, does not participate in the consideration of complaints.
One of the Council’s fundamental priorities is ensuring public confidence in the judiciary, including the judicial conduct process. It is the responsibility of the Chairperson of the Judicial Conduct Committee of Council to determine when and what information must be disclosed regarding conduct matters.
In doing so, he must weigh and balance various principles, notably transparency and public interest, as well as judicial independence and privacy.
In light of questions being raised regarding the absence of a Justice of the Supreme Court of Canada, the highest court in the country that is comprised of only nine judges, the Chairperson of the Judicial Conduct Committee decided that it was in the public interest to announce the review of this matter. The Council will not however comment further on the matter at this time.
