Leonid Sirota: Image-conscious Supreme Court Chief Justice failed Russell Brown

In a perfect world, judges would behave irreproachably, always. In reality, a degree of forbearance is still in order. Why, then, did the chief justice and the CJC seemingly show none in the case of Justice Brown?

Responding to media reports of controversy ― not even a formal complaint ― the CJC launched an investigation into Justice Smith and concluded that he had behaved unethically, though not that he should be removed from office. Justice Smith challenged this finding before the Federal Court of Canada, which, in May 2020, reversed the CJC’s decision on several grounds.

Undue regard for the judiciary’s image risks coming at the expense of the independence of individual judges. The CJC or the chief justice might think that throwing a controversy-embroiled judge under the bus of hostile opinion will serve the greater good by preserving the institution’s public standing. But it will only encourage more complaints by people who are, or affect to be, too easily offended.

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