The Supreme Court of Canada is celebrating its 150th anniversary this year with a formal opening ceremony, the first of its kind in 39 years. This event included the unveiling of new judicial robes, which has sparked discussion within the legal community.

The judges wore new black robes accented with red piping, replacing the traditional red robes trimmed with white mink fur, often referred to as "Santa robes." Chief Justice Richard Wagner explained that the new gowns, made in Quebec, aim to balance tradition with a modern approach to the legal system. He stated, "They have a modern and simple design that echoes our commitment to openness and accessibility in a way that is distinctly Canadian," in an interview with a legal publication.

It is important to note that these new robes are not the everyday attire for the justices. When the court is in session, judges wear traditional black robes, similar to those worn by barristers across Canada. The red ceremonial robes were seen as symbolic of Canada’s national colors and were typically reserved for significant events, such as the opening of Parliament or royal visits.

However, the heavy red gowns were not favored by all judges. Justice Andromaches Karakatsanis expressed her discomfort with the robes, saying, "Am I allowed to say, they’re awful? They’re so hot. They’re heavy … I’m glad that we wear (them) only for ceremonial events. I’m not sure I could do it every day." In contrast, Justice Suzanne Côté emphasized the importance of maintaining traditions, stating, "Decorum is important, given the type of institution that the court is."

The change in ceremonial attire has led to a lively debate among Canadian lawyers. Ian Holloway, a law professor at the University of Calgary, criticized the decision, suggesting that the objection to the red robes stems from their resemblance to those worn by judges in England. He noted, "One can’t imagine that he would openly be throwing shade at the RCMP; the Mounties are about as iconically Canadian as you can get, and they’ve been wearing scarlet longer than the Supremes have."

Discussions on social media platforms like LinkedIn have reflected the divided opinions on the new robes. Jeremy Opolsky, a litigation partner at Torys LLP, remarked, "No more Supreme Court of Canada judges as Santa Claus! Old robes are out. New Robes are in." In contrast, tax lawyer Carl Irvine expressed his fondness for the old robes, stating, "Boo! I liked the Santa Claus robes. Someone said these look like the leather package on somebody’s new Honda Civic."

As the Supreme Court of Canada embraces its new look, the conversation surrounding its ceremonial attire continues to evolve, highlighting differing perspectives within the legal profession.