HALIFAX — The chief justices of Nova Scotia's supreme and provincial courts are backing judges who prohibit court staff from wearing poppies on their robes during court proceedings. This support comes after criticism from some Canadian politicians who deemed the practice inappropriate. Chief Justice Deborah Smith of the Supreme Court of Nova Scotia and Chief Judge Perry Borden of the Provincial Court of Nova Scotia stated that the ban is within the judges' discretion. They noted that the Canadian Judicial Council, which oversees federal judges, recommends this practice to maintain an unbiased and impartial courtroom environment.

In a joint statement, Smith and Borden emphasized, "The wearing of a poppy symbolizes our respect for those who have served, and those who did not return. 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."

The justices provided an example of a non-veteran charged with assault against a veteran. They suggested that if courtroom staff were wearing poppies, it could lead the accused to question the neutrality of the judicial process. They referenced the Canadian Judicial Council's Ethical Principles for Judges, which advises judges to avoid visible symbols of support in court settings.

This statement followed comments from Nova Scotia Premier Tim Houston, who expressed his disapproval on social media. Houston stated he was recently informed that some courtroom staff were instructed not to wear poppies, calling the order "disgusting." He added, "We have courts and a democracy because of the courage of those who are willing to make the ultimate sacrifice in pursuit of, and in defense of, the very rights and freedoms we enjoy. The judges who issued this order are wrong." Houston indicated he might propose legislation to protect the right to wear poppies in the workplace.

Andrew Preeper, a spokesperson for the Courts of Nova Scotia, clarified that no formal order was issued prohibiting staff from wearing poppies. He stated, "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. It is important to note that members of the public are welcome to wear poppies in the courthouse and courtroom. The Courts’ position on this matter is not unique to Nova Scotia."

Former Alberta Premier Jason Kenney also criticized the ban, calling it "disgusting" in response to Houston's comments. He stated, "I am equally dumbfounded and disgusted by the politicization of the remembrance poppy. The duty to remember is pre-political. It is one of the things that bind us together in community, and through time to previous generations. It recognizes that there are higher and more valuable things than our quotidian political disputes, or our material preoccupations."

The issue of poppies in courtrooms has also arisen in Saskatchewan. A prosecutor in Saskatoon reported being told she could not wear a poppy during a trial. In 2023, Saskatchewan enacted the Remembrance Observance Act, allowing workers to wear poppies recognized by the Royal Canadian Legion from November 1 to 11, with exceptions for health or safety concerns.

Saskatchewan Premier Scott Moe expressed his belief that wearing a poppy shows respect for service members and should be permitted in courtrooms. He also mentioned his openness to expanding legislation to allow wearing orange shirts on September 30 to honor residential school survivors.

On Sunday, Smith and Borden acknowledged the sensitivity surrounding symbols in courthouses. They stated, "Occasionally, however, it is necessary for a Chief Justice/Judge to speak out. This is one of those occasions."