Judges stand by ban on wearing poppies in provincial court

Canadian court staff have been banned from wearing poppies, sparking outrage from veterans and Canadians alike, who are calling the move an insult to those who sacrificed everything for Canada.

Source: Wikimedia Commons

Canadian court staff have been banned from wearing poppies, sparking outrage from veterans and Canadians alike, who are calling the move an insult to those who sacrificed everything for Canada.

The Supreme Court of Nova Scotia released a statement Sunday after Canadians expressed outrage over the court’s ban on staff wearing Remembrance Day poppies in the courtroom.

“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,” Nova Scotia Chief Justices Deborah Smith and Perry Borden said before justifying the ban in a joint statement. “The wearing of a poppy symbolizes our respect for those who have served, and those who did not return.”

The two chief justices noted that judges have an “obligation” to conduct all court proceedings in an “impartial and unbiased manner” and that there could be “no signs of favouritism toward any litigants.”

“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,” the statement reads. “For these reasons, judges should avoid statements or visible symbols of support, particularly in the context of court proceedings.”

The statement described a hypothetical situation where a non-veteran was in court for assaulting 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,” it reads. “That individual will likely have some discomfort or doubt about the neutrality of the proceeding.”

Smith and Borden reiterated that the decision was “not intended, in any way” to “undermine or diminish” the “tremendous respect” the court has for those who have served Canada and those who have died for the country. They affirmed that the decision was to ensure neutrality in the courtroom.

Craig Hood, the former commander of the Nova Scotia Legion, who recently retired from the Canadian Armed Forces after 33 years of service, said the poppy is not a “political statement or stance” as the court decision implies.

“The poppy is a symbol of sacrifice. For 11 days of every year, culminating on the 11th of November, we reflect on the sacrifices made by Canadians and we are reminded of the cost of freedom,” he said in a post on Facebook. Other CAF veterans responded under his post, calling the decision “wrong” and “disrespectful.”

Hood has long been an advocate for the mental health and well-being of veterans and soldiers. In December 2023, Hood testified to the provincial legislature in Halifax, raising the alarm about a lack of housing for serving members of the CAF.

Nova Scotia Premier Tim Houston similarly called the decision “disgusting” on X after being informed of the news.

“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 defence of, the very rights and freedoms we enjoy,” he said in the post. “The judges who issued this order are wrong.” He said if he had to, he would introduce an act enshrining the right of Nova Scotians to wear a poppy in the workplace.

Conservative MP Aaron Gunn similarly released a statement calling the judges’ decision “ridiculous and dumb,” noting that the poppy is a bipartisan symbol that should be honoured by all Canadians.

“The poppy is a symbol of remembrance and respect for those who served, sacrificed and continue to represent Canada in uniform today. It transcends politics, partisanship and ideology – and it has done so for over 100 years,” Gunn said on X. “Most importantly, the poppy is a reminder of all those who came before us, who sacrificed so much for the freedoms and prosperity we enjoy today. Lest we forget.”

In a CBC Saskatchewan news post shared on TikTok last Thursday, prosecutor Lana Morelli was interviewed in Saskatoon after allegedly being told to remove her poppy after wearing the symbol of remembrance in court via email. During the interview, Morelli became emotional, affirming that Canada has its veterans to thank for the freedoms the country has today.

“We have freedom of speech because of what these brave men and women have done for our country, and not being able to honor them by wearing ooppies while I’m arguing for freedom and protection tugs at my heartstrings,” Morellitold the CBC. “I have grandparents who have fought in the war. I have family members that are part of the Legion, and I did go to school in the States, and I had many friends that were in the military and went overseas to fight for freedom.”