Canada Supreme Court Justice Russell Brown announced his immediate retirement Monday, halting the ongoing misconduct probe which has kept Brown off the bench since February. The probe, conducted by the Canadian Judicial Council (CJC), stemmed from an alcohol-fueled altercation at an Arizona resort in late January. During the altercation, Brown was physically assaulted by another man, who alleged that Brown was harassing his female companions. The CJC is required to investigate complaints made against federally appointed judges.

In his statement, Brown maintained his innocence in the affair, but reasoned that his continued absence from the court would impose a serious impediment on the court’s work. “While my counsel and I are confident that the complaint would have ultimately been dismissed,” Brown asserted, “the continuing delay is in nobody’s interest – the Court’s, the public’s, my family’s or my own.”

Both Brown and his legal counsel did, however, elaborate on the accusations against him, which Brown’s representation labelled a “spurious complaint” designed to “weaponize the CJC’s process.” A statement from Brown’s legal counsel detailed evidence from a variety of sources uncovered during the investigation, arguing that the complainant called the police and filed a complaint with the CJC to “get ahead” of the legal implications of his own conduct towards Brown. Their statement highlights social media posts from the complainant’s two female companions which appeared to make light of the incident, as well as the responding officer’s assessment of the complainant as being “argumentative, hostile [and] antagonistic” due to intoxication.

With Justice Brown’s retirement, an independent and non-partisan advisory board will be formed to seek and review applications to fill the vacant Supreme Court position. Due to rules governing provincial representation on the bench, Brown’s replacement must also hail from Western Canada. The board will then provide a short list of candidates to the prime minister, who also receives recommendations from the minister of justice, in consultation with the chief justice of the Supreme Court. Canada Prime Minister Justin Trudeau will then make the final selection.