Complaint against Supreme Court of Canada Justice Russell Brown prompts review

The Canadian Judicial Council says it is reviewing a complaint about the alleged conduct of Supreme Court of Canada Justice Russell Brown.

In a statement, the council says the complaint against Brown, received Jan. 29, was referred to Christopher Hinkson, chief justice of the Supreme Court of British Columbia and chairperson of the council’s judicial conduct committee.

Brown provided comments to Hinkson, at his request, about the complaint on Feb. 20.

“Under the Judges Act, the Canadian Judicial Council has the authority and duty to investigate complaints made against federally appointed judges,” the statement from the council reads.

“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. ”

The Supreme Court recently said Brown had been on a leave of absence since early February, but did not disclose the reason.

There are nine Supreme Court of Canada justices, including a chief justice. They are appointed by the governor in council and “must have been either a judge of a superior court or a member of at least ten years’ standing of the bar of a province or territory.”

Brown was part of a wave of Supreme Court nominations in the waning days of the Stephen Harper administration that is thought to have shifted the political makeup of the court to the right.

The judicial council says “in light of questions being raised” about Brown’s absence, Hinkson decided it was in the public interest to announce the review of the matter.

The council has not publicly specified the nature of the complaint against Brown.

Editor’s note: Brown has since released a statement. You can read more here.