Advocates for the Rule of Law is saddened to learn of the retirement of Justice Russell Brown from the Supreme Court of Canada. Over the past 8 years, he has been a singular voice seeking to bring doctrinal coherence, fidelity to precedent, and legal predictability to vastly different areas of Canadian law. All the while, he has taken the lead in unearthing and expounding a Canadian doctrine of the separation of powers. These commitments will live on in his majority, dissenting, and concurring decisions such as Quebec (Attorney General) v 9147-0732 Québec inc; Toronto (City) v Ontario (Attorney General); Atlantic Lottery Corp v Babstock; Uber Technologies Inc v Heller; and Wilson v AECL, which doubtless influenced the majority decision of which he was part in Canada (Minister of Citizenship and Immigration) v Vavilov.
Justice Brown’s departure robs this country of one of the greatest judicial minds and legal writers to have presided over the Court in recent decades. We urgently recommend that the Prime Minister appoint a successor from Western Canada who exhibits a similar legal brilliance and commitment to foundational principles.
We understand what a difficult decision this must have been for Justice Brown and wish him success in all of his future endeavours.