Canadian Supreme Court justice steps down amid probe into misconduct claim

A Canadian Supreme Court justice facing a judicial conduct review has stepped down from his post, the Canadian Justice Council said.

Justice Russel Brown allegedly had a drunken altercation at an Arizona resort, which involved harassment of a female guest in January.

Mr Brown, who has denied the allegations, has been on leave since February.

The retirement ends the CJC's probe into his alleged misconduct.

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.

In a police report filed in January, a US Marine Corps veteran claimed Mr Brown touched a female guest without consent and that he later punched Mr Brown "a few times" during an argument.

Jonathan Crump, a 31-year-old mortgage adviser and US army veteran, told The Vancouver Sun 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 room.

Following 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".

The CJC announced in March that it was reviewing a complaint into the alleged conduct of Justice Brown.

On Monday, the CJC in its statement said since Mr Brown was no longer a judge the Council's jurisdiction over the complaint against him had ended.

"As such, proceedings before the Council that involve Justice Brown have come to an end," it said.

Contacted by BBC News on Monday, Mr Brown's lawyer, Brian Gover, shared a statement from the judge saying the allegations were "false" and he had "hoped this issue would be dispensed quickly and would not significantly impact the Court's business" but that has not been the case.

Since being on leave for four months, the court has had to "hear and decide important appeals without the benefit of a full panel".

"While my counsel and I are confident that the complaint would have ultimately been dismissed, the continuing delay is in nobody's interests - the Court's, the public's, my family's or my own," said the statement from Mr Brown.

His lawyers, Brian Gover and Alexandra Heine, said he would have been "vindicated" at the council's conclusion.

"It is extremely disappointing that, for the first time in the CJC's history, the complainant's unchallenged accusations were released to the public," they wrote.

This is the first time a Canadian justice has stepped down over misconduct claims.

The council was going to hold a public hearing into the allegations last week, but Mr Brown asked to delay it to weigh his options.

The council could have decided to dismiss the judge if it decided the judge had lost the confidence of Canadians.

It has recommend five federal judges for dismissal in the past.