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Russell Brown stated on Monday that he would leave his position as a Supreme Court of Canada justice. The judgment comes after the Canadian Judicial Council began investigating an accusation of misconduct against Brown stemming from an incident in the United States, for which the former justice has denied all wrongdoing. Here at The Hub, we've gathered a few of the country's greatest legal minds to discuss their immediate responses to Brown's resignation and what it means for Canadian law. Indictment of the disciplinary process for Canadian judges. Yuan Yi Zhu is an assistant professor of international relations and international law at Leiden University. Justice Russell Brown's retirement from the Supreme Court of Canada is a blow to the quality of Canadian jurisprudence, which has for far too long suffered from the majority's disastrous McLachlinism. However, it also serves as an indictment of the Canadian judicial discipline process, which has long proven ineffective.From Chief Justice Wagner's decision to place Brown on an immediate leave of absence without official explanation on the basis of a flimsy complaint filed by a man who had assaulted his colleague, to the Canadian Judicial Council's unbearably sluggish preliminary investigation that took the better part of a year, to the numerous leaks from well-informed insiders to favoured journalists, the entire process has been designed to be as exhausting and wounding to Justice
There is no finer example of what American law
Russell Brown joined the Supreme Court of Canada
he wrote perhaps the most intellectually stimulating
ruling in recent Supreme Court history, questioning the Court's very conception of rights and their bounds.But I do not want to give the notion that his legacy is solely based on his dissents. Brown, a convincing writer and amiable colleague, was equally skilled at drawing his colleagues together in a majority opinion as he was at dissecting them from the minority. His absence creates a gaping intellectual void on the Court. The Supreme Court is a more jurisprudentially diverse body today than it was eight years ago when he joined, but there is always the risk that it would revert to its old habits of lax collegiality. If it succeeds, future justices and scholars will have Brown's wealth of good writing and clear thought to challenge, inspire, and shake them out of their all-too-Canadian complacency.His track record in the Supreme Court is exceptional.By Joanna Baron, contributing writer at The Hub and executive director of the Canadian Constitution Foundation.
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