Late blooming wild poppies adorn a hedgerow in the Staffordshire countryside on November 05, 2024 in Gnosall, United Kingdom. (Photo by Christopher Furlong/Getty Images)
The top judges at Nova Scotia’s supreme court and provincial court are expressing support for judges who choose to disallow court employees from wearing poppies during proceedings, saying that the measure promotes neutrality.
Chief Justice Deborah Smith of the Supreme Court of Nova Scotia and Chief Judge Perry Borden of the Provincial Court of Nova Scotia say judges have an obligation to conduct all court proceedings “in an impartial and unbiased manner.”
“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,” Smith and Borden said in a Nov. 9 statement.
The chiefs said the decision, rather, is “to ensure that all Canadians know that they are entering an unbiased and neutral space when they enter a courtroom,” calling this “fundamentally important.”
“There can be no signs of favouritism towards any of the litigants,” Smith and Borden said.
They provided an example where a non-veteran might be charged with assaulting his or her partner who is a “highly respected veteran of the Canadian military,” and where the accused’s trial was set to begin just before Remembrance Day. In such a scenario, when the accused walks into the courtroom and sees the judge, the court clerk, and the sheriff all wearing poppies, he or she “will likely have some discomfort or doubt about the neutrality of the proceeding.”
The chief justice and chief judge said it is because judges are obligated to conduct all court proceedings in an unbiased manner that the Canadian Judicial Council, the body that oversees all federal judges, recommends against wearing or displaying “symbols of support.”
The Canadian Judicial Council’s “Ethical Principles for Judges” says that while judges may wish to signal support for causes or viewpoints through words or symbols, such communications could be interpreted as “reflecting a lack of impartiality or the use of the position of the judge to make a political or other statement.”
Therefore, the council says, “judges should avoid statements or visible symbols of support, particularly in the context of court proceedings.”
Nova Scotia Premier’s Reaction
Smith and Borden’s statement comes after Nova Scotia Premier Tim Houston said he became aware of what he called an “order” issued by judges prohibiting employees of certain court facilities from wearing poppies while on duty in those locations.
“This order was issued under the guise that the poppy is somehow a ‘political statement.’ This is disgusting,” Houston said in a Nov. 6 post on X.
“The poppy is not a political statement. It is a symbol of remembrance and respect for the fallen and those who served and continue to serve our country.”
Houston said he would “stand firmly behind anyone who wants to wear a poppy in their workplace.” He said that, if deemed necessary, he would implement the Nova Scotia Remembrance Observance Act to give all workers the right to wear a poppy in their place of employment from Nov. 1 to Nov. 11.
“The judges who issued this order are ‘wrong,’” Houston said. While he didn’t specify the names of the judges he was referring to or the total number of poppy bans enforced, social media and news reports suggest at least two judges have asked employees not to wear poppies.
‘Discretion of the Presiding Judge’
A spokesperson for the executive office of the Nova Scotia judiciary told The Epoch Times that there have been no official orders or directives given to employees. The spokesperson didn’t verify the identities or the number of the judges requesting that staff refrain from wearing poppies.
“Staff who wished to wear poppies in the courtroom were advised to speak with the presiding judge, and conversations, as needed, have occurred around that specific topic,” the spokesperson said in an email. “It is within the discretion of the presiding judge.”
The spokesperson noted that members of the public are welcome to wear poppies in the courthouse and courtroom but that the courts must appear to be neutral at all times “to ensure the fair administration of justice.”
“It is not lost on me that our veterans fought so we can enjoy the freedoms the courts uphold,” Houston said in the X post. “That’s why I find it impossible to believe any judge would ban a symbol of respect for the fallen, our veterans and their families.”
Former Conservative cabinet member and Nova Scotia MP Peter MacKay also weighed in on the issue in a Nov. 6 post on X , commending Houston for speaking out on the matter and calling the judges’ decision “an outrage.”
Former Alberta Premier Jason Kenney also reacted to the issue in a Nov. 8 post on X, saying he was “equally dumbfounded and disgusted by the politicization of the remembrance poppy.”
Jennifer Cowan and The Canadian Press contributed to this report.
Olivia Gomm is a news reporter with the Canadian edition of The Epoch Times.