The Canadian Bar Association – Nova Scotia Branch (CBA-NS) reaffirms its strong support for the independence of the judiciary and its authority to direct the conduct of proceedings within the courtroom. Judges must have the ability to determine what occurs in their courtrooms. The purpose of this independence is to ensure an environment that upholds both neutrality and the appearance of neutrality.
In this regard, we note the statement provided by Andrew Preeper, spokesperson for the Nova Scotia Courts:
“To ensure the fair administration of justice, the Courts must be neutral and appear to be neutral at all times, particularly inside the courtroom. Everyone appearing in court must feel that their case will be heard fairly and without bias. As a result, all judges and staff are expected not to wear any symbols of support in the courtroom.
The Canadian Judicial Council’s Ethical Principles for Judges note that ‘the wearing or display of symbols of support, even if they seem innocuous […] 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 those reasons, judges should avoid statements or visible symbols of support, particularly in the context of court proceedings.’ In order to respect these ethical principles and ensure a neutral hearing, staff are also asked not to wear symbols of support in the courtroom.”
This principle reflects a foundational value of our judicial system: the judiciary has a right and responsibility to control proceedings in its own courtroom, free from external interference or influence.
Public confidence in the administration of justice depends on a judiciary that is, and is seen to be, independent from political or social influence. Recent public commentary directed at the Courts risks eroding that confidence. As CBA President Bianka Kratt, K.C. noted earlier this week, political leaders must “show restraint when responding to court decisions” and avoid statements that “undermine the rule of law.” Judicial impartiality is the foundation of the rule of law.
The CBA-NS echoes that position and fully supports the judiciary’s authority to make orders and directives necessary to maintain fairness, impartiality, and order in their courtrooms. Judicial independence is not a privilege of the bench—it is a protection for every citizen. Respect for that independence, and for the impartiality that sustains it, is essential to maintaining a fair and trusted justice system for all Canadians.