Quantcast
Channel: David Raymond Amos Round 3
Viewing all articles
Browse latest Browse all 3453

Russell Brown steps down from Supreme Court after probe launched into misconduct claim

$
0
0

https://www.cbc.ca/news/politics/russell-brown-supreme-court-justice-resigns-1.6873402 

 

Russell Brown steps down from Supreme Court after probe launched into misconduct claim

Brown's departure halts the Canadian Judicial Council's investigation of his conduct

Supreme Court Justice Russell Brown. (Adrian Wyld/The Canadian Press)
 

Russell Brown announced Monday he's stepping down as a justice of the Supreme Court of Canada effective immediately — a move that comes after the Canadian Judicial Council (CJC) began probing a claim of misconduct directed against Brown related to an incident in the U.S.

Brown's decision to step down from Canada's top court means the CJC's investigation of an alleged alcohol-fuelled incident in Arizona will come to an end without any sort of public report on the matter.

Under the federal Judges Act, the council has a duty to investigate complaints made against federally appointed judges. Now that Brown has stepped down, the council said, that work will stop.

Brown has been on leave for months since reports surfaced that the judge got into some sort of confrontation with patrons at a high-end Scottsdale-area resort at the end of January.

While accounts of the incident differ, it has been established that there was some sort of fight between Brown and a man at the resort, Jon Crump, a U.S. Marine veteran who was at the resort with a group of friends.

Crump alleges a drunken Brown was belligerent and harassed his drinking companions. He said Brown followed him and some in his group back to their hotel rooms. After a brief skirmish, Crump said he punched Brown after he wouldn't leave. Then, Crump reported the Stephen Harper-appointed judge to the CJC.

Brown has said Crump's version of events is false and instead claims the former Marine inexplicably punched him in the head.

Conflicting versions of events

In a statement, Brown said the CJC probe into the Arizona incident "may continue well into 2024," a delay he said is in "nobody's interests — the Court's, the public's, my family's or my own."

"I have therefore decided that the common good is best served by my retirement, so that a replacement judge can join the court in time for its busy fall term," Brown said.

Brown said he had hoped the CJC review would be "dispensed with quickly and would not significantly impact the court's business."

"Sadly, that has not been the case," the former top judge said.

Brown's lawyers, Brian Gover and Alexandra Heine, also released a statement calling his resignation a "regrettable result" prompted by a "spurious complaint."

Brown's lawyers said Crump "weaponized Canada's judicial discipline process" to punish the judge.

Someone walks outside a national court building in dim light, either dawn or dusk. The Supreme Court of Canada building in Ottawa on Feb. 7, 2023. (Sean Kilpatrick/The Canadian Press)

According to a Paradise Valley Police Department report on the matter obtained by CBC News, Crump called law enforcement to report the altercation in the early morning hours of January 29.

He told Adam Balcom, the officer dispatched to the Omni Scottsdale Resort & Spa, that Brown was "hitting on" and "touching" some of Crump's female companions.

As they started to walk back to their hotel rooms, Crump said Brown followed them.

"To protect the women and to prevent the drunk, creepy, unwanted male from entering the hotel room uninvited, Crump punched the male a few times," Balcom said in his report, citing Crump's version of events.

"These few punches proved successful in stopping the unwanted drunk male, and he walked away."

'You called police to say you beat up a guy?

Balcom said Crump was "argumentative, hostile, antagonistic" while reporting the incident — behaviour the officer attributed to Crump's intoxication.

Police-worn body camera footage of the January night shows a rattled-looking Crump hurling profanities at the officers who came to the resort.

Crump, wearing a shirt allegedly torn by Brown during their scuffle, became verbally combative after a puzzled police officer initially questioned why Crump called law enforcement when he admitted to punching Brown.

"You called police to say you beat up a guy?" Balcom said.

"There's nothing here then? This guy being a creeper and then following these girls to their room is totally fine?" Crump said in response.

"One hundred per cent he was touching them. He kissed them on the f--king hand. He was trying to follow them to their f--king room. He's groping them on the f--king chair."

"Your hostile attitude and aggressive demeanour has no part in this conversation. It's not going to be productive at all," Balcom said.

"Shut up dude. Just shut your mouth," Crump said to the officer before Balcom threatened to arrest him for disorderly conduct.

The nearly hour-long footage depicts Balcom's interactions with Crump and then his interviews with three of Crump's female companions, all of whom allegedly were involved in the incident.

The four people interviewed by the Paradise Valley police officer relayed similar versions of the night's events.

'Very uncomfortable'

One of the women reported that she invited Brown to join her and her mother for drinks near them at the resort bar.

After identifying himself as a Supreme Court justice, Brown allegedly proceeded to kiss the woman in question "once or twice" on her cheek, and then touched the small of her back and a leg.

The woman told the officer that Brown did not touch her buttocks, breasts or vaginal area. She said Brown made her feel "very uncomfortable."

She told the officer that she was "thankful" that Crump escorted her back to her room after Brown's alleged unwanted advances.

The woman's mother, who appeared to Balcom to be sober, told the officer that Brown was "very intoxicated" and "creepy."

She said Crump's use of force was "reasonable and necessary to get the creepy drunk man away from them."

Balcom said he was unable to get Brown's version of events.

'No crime was determined'

He said he knocked on Brown's hotel room door multiple times but got no response. The resort staff only knew Brown's name and cell phone number.

Without hearing Brown's side of the story, Balcom concluded that two intoxicated men got into a brief physical altercation after Brown followed the group back to their hotel room and attempted to follow the women inside their room uninvited. 

"Based on the totality of the circumstances, the use of force appeared reasonable and necessary, and no crime was determined," Balcom said.

After Crump went public with his version of events in an interview with the Vancouver Sun, Brown issued a statement in March refuting some of the former Marine's story.

A judge sits in front of a Canadian flag. Justice Russell Brown claimed he was punched in the head without 'warning or provocation' during the incident in Arizona. (CBC)

"On the evening of January 28, 2023, I was in Arizona to participate in an awards banquet at a local resort. Following the event, I joined other attendees at the resort lounge. In the course of the evening, a group at a nearby table invited me to join them," Brown said in that statement.

Brown said that while he was chatting with the group, a man identified as Crump joined the group but did not speak to Brown.

"We all left the lounge at roughly the same time. Outside 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," Brown said.

Brown said he did not instigate the event.

Gover and Heine said Monday that they've uncovered other "evidence" they claim refutes Crump's story.

They said the new evidence suggests there were "glaring contradictions, inaccuracies and embellishments" in Crump's story to police, the lawyers said.

They said the evidence includes surveillance footage depicting Brown's interactions with Crump's female companions, evidence from the hotel bartender, evidence from a hotel security officer who attended to incident, a recording of Crump's 911 call and "investigative reports prepared by a very experienced and capable investigator, who is a former police detective."

The lawyers did not explain how this new material would refute claims by Crump and his female companions about that January night in Arizona.

"This evidence and the other evidence uncovered increasingly pointed in one direction: to a calculated plan by the complainant to concoct an account in which Justice Brown was the aggressor — to 'get out ahead of it,' in the words of one of the complainant's own companions," Brown's lawyers said.

"We are confident that, in light of all this evidence, Justice Brown would have been completely vindicated at the conclusion of the Canadian Judicial Council's process. However, the effect of the process on the court and the considerable strain on Justice Brown and his family, have led him to this decision to retire."

ABOUT THE AUTHOR


John Paul Tasker

Senior writer

J.P. Tasker is a journalist in CBC's parliamentary bureau who reports for digital, radio and television. He is also a regular panellist on CBC News Network's Power & Politics. He covers the Conservative Party, Canada-U.S. relations, Crown-Indigenous affairs, climate change, health policy and the Senate. You can send story ideas and tips to J.P. at john.tasker@cbc.ca.

 

 
1179 Comments

 

Harry Gothem
A PCP nomination not working out.... How typical.  
 
 
Rick Reid
Reply to Harry Gothem 
An irrelevant partisan comment... how typical
 
 
Harry Gothem
Reply to Rick Reid .  
Is it.... Harper tried to appoint many people and some were not even qualified for the job.

 
Harry Gothem
Reply to Rick Reid .  
Remember Nadon??? 

  
Rick Reid
Reply to Harry Gothem
Remember our last GG... Harper came up with a system for vetting. Remember?
 
 
Harry Gothem
Reply to Rick Reid .  
I remember PP insulting and calling the last GG that Harper appointed just recently.
 
 
Harry Gothem
Reply to Rick Reid
Anybody can be GG... We are talking about people that can and have changed laws in our country. 
 
 
Rick Reid
Reply to Harry Gothem 
Your memory is good... but selective.  
 
 
Rick Reid
Reply to Harry Gothem
I have read about this incident, but not once have I ever read anything that said it was part of a discernable pattern. Yet you would have Harper take blame. Are you so free to have Trudeau take blame? 
 
 
Harry Gothem
Reply to Rick Reid  
This guy was appointed by Harper... Period... Just a long line of these types of appointments...

Duffy... Brazeau....

 
Jeremee Weathers  
Reply to Harry Gothem
Reformers have an issue with tying these CONS to harper.  
 
 
Mark Peters
Reply to Harry Gothem
Del Mastro... Bruce Carson... Pierre Poutine...  
 
 
Rick Reid
Reply to Harry Gothem
What nonsense. Blame Harper for his minions... refuse investigation of Trudeau and his minions.

Why would anyone take you seriously?


Harry Gothem
Reply to Rick Reid  
He is the one who appointed this man... So who else am I suppose to point the finger to...

Maybe I should point it straight on PP in stead.


Rick Reid
Reply to Harry Gothem
Again.. do you believe Trudeau responsible for everyone he appoints? 


David Amos
Reply to Harry Gothem 
Par for the course with all appointments not just Harper's 

  


mo bennett
Good call bud. Maybe you could give yer counterpart on the US court some morality lessons! 
 
 
David Amos
Reply to mo bennett
YO Mo Everybody knows I have a few old bones to pick with the Canadian Judicial Council Correct?
 
 
 
 
Bala Viswa
Why are comments open on this story when there are no details to discuss? 
 
 
David Amos
Reply to Bala Viswa
Check out Federal Court File number T-1557-15 an its related appeal if you want details
 
 
 
 
Nominated by Harper, is anyone else surprised? 
 
 
Aaron Barton
Reply to robin horlock 
Good grief 
 
 
Rick Reid
Reply to robin horlock
Funny... you were all over his appointment of Johnston as evidence of how great he was. I guess no one is surprised by either. 
 
 
Anca Mazareanu 
Reply to robin horlock 
What exactly do you know about the incident? 
 
 
James Allison  
Reply to robin horlock
But, but, but, Harper. LMAO. 
 

Jeremee Weathers 
Reply to James Allison 
He WAS appointed by harper. Can you agree on that point? Are you okay with all the but...but...but...Trudeau comments? Let the adults have a discussion here.  
 
 
Corinne O'Connor
Reply to robin horlock
Doesn't matter who nominated him, the man could very well be innocent. 
 
 
robin horlock 
Reply to Rick Reid 
Was that before or after little PP made the interference investigation a toxic environment with his fictional personal attacks against Johnston? 
 
 
robin horlock 
Reply to Corinne O'Connor
Doubtful, Harper was well known for giving de plor ables high end positions 
 
Rick Reid 
Reply to robin horlock  
I don't defend PP... I don't blame Harper. I do blame Johnston for giving PP the opportunity to cause division. I don't know why you would blame PP though... you seem to enjoy dividing people. 
 
 
Craig McMaster 
Reply to Rick Reid   
Poilievre chose to make the election interference issue about David Johnston.

I'm not sure if we're even looking into election interference anymore. It seems like a non-issue over Johnston...

 
Rick Reid 
Reply to Craig McMaster 
It became about Johnston the moment he took the job. He simply was not the person for the job. His connection to the Foundation alone meant that there would always be questions about his work. PP just traded on them, but the fault is Johnston's.
David Amos
Reply to Jeremee Weathers
Good luck with that


 
Steven Méthot  
Well, it took a while, but still the honourable thing to do. Perhaps the US court might take note. But nah that's never going to happen. 
 
 
David Amos
Reply to Steven Méthot  
C'est Vrai
 
 
 
 
Anca Mazareanu 
There are differing accounts of the incident, which took place while Mr Brown, 57, was staying at the luxury Omni Scottsdale Resort & Spa at Montelucia, attending a gala celebrating a former colleague.

Jonathan Crump, a 31-year-old mortgage adviser and US army veteran, told The Vancouver Sun last week that the judge was harassing his female friend after they met Mr Brown in the resort bar late on 28 January.

He said he was irritated by what he claimed was the judge's boastful behaviour and that the judge later followed the group back to their roomFollowing the publication of that story, Mr Brown released a statement, saying that "in light of the false statements in the media by Mr Jonathan Crump, I am compelled to respond".

He confirmed parts of Mr Crump's account, saying he joined the group at the table but "did not speak or otherwise engage with him".

"We all left the lounge at roughly the same time. Outside 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," he said

BBC reporting on the facts

 
David Amos
Reply to Anca Mazareanu
Hmmm Who would you believe the lawyer/judge, the ex marine or the BBC?

 

 


Viewing all articles
Browse latest Browse all 3453

Trending Articles