Judges are constrained in what they can say publicly. It is often said that judges should only speak through their decisions. Occasionally, however, it is necessary for a Chief Justice/Judge to speak out. This is one of those occasions.

Recent comments have been made about staff members who work in the court system being asked not to wear public symbols of support, such as poppies, in the courtroom. The topic is very sensitive and one that deserves an explanation.

We hope that there isn’t one of us who doesn’t remember the sacrifice that our veterans made to preserve our free and democratic society. The wearing of a poppy symbolizes our respect for those who have served, and those who did not return. Why, then, would a judge ask staff not to wear a poppy in the courtroom?

Judges have an obligation to conduct all court proceedings in an impartial and unbiased manner. There can be no signs of favouritism towards any of the litigants. It is for that reason that the Canadian Judicial Council states, in its Ethical Principles for Judges:

While judges may wish to signal support for causes or viewpoints through words, or in the wearing or display of symbols of support, even if they seem innocuous, such communications may be interpreted as reflecting a lack of impartiality or the use of the position of the judge to make a political or other statement. For these reasons, judges should avoid statements or visible symbols of support, particularly in the context of court proceedings.

It is fundamentally important that when an individual walks into a courtroom that they see and feel that they are in a totally unbiased and neutral space. Allow us to give an example.

A non-veteran is charged with assaulting their partner who is a highly respected veteran of the Canadian military. The accused’s trial is scheduled to commence tomorrow, just before Remembrance Day. The accused walks into the courtroom and sees the judge, the court clerk, and the sheriff all wearing a poppy. That individual will likely have some discomfort or doubt about the neutrality of the proceeding.

The decision of a judge not to allow symbols of support such as the poppy to be worn by court staff is not intended, in any way, to undermine or diminish the tremendous respect that we have for those who have served, and those who have died. It is to ensure that all Canadians know that they are entering an unbiased and neutral space when they enter a courtroom.

Deborah K. Smith
Chief Justice
Supreme Court of Nova Scotia

Perry F. Borden
Chief Judge
Provincial Court of Nova Scotia