HALIFAX — The heads of Nova Scotia's supreme and provincial courts are voicing their support for judges who are banning court staff from pinning poppies to their gowns during court hearings after some Canadian politicians called the practice wrong.
Deborah Smith, chief justice of the Nova Scotia Supreme Court, and Perry Borden, chief judge of the provincial court of Nova Scotia, say the ban is at the discretion of judges and the body that oversees all federal judges, the Canadian Judicial Council, recommends it to ensure objectivity and impartiality in the courtroom.
“Wearing the poppy symbolizes our respect for those who served and those who did not return,” the chiefs said in a statement on Sunday.
“The judge's decision not to allow court staff to wear symbols of support such as the poppy is in no way intended to undermine or detract from the great respect we have for those who served and those who have died. It is to ensure that all Canadians know that they are entering an impartial and neutral space when they enter a courtroom.”
The justices cited the example of a non-veteran accused of assaulting a veteran entering a courtroom where staff were wearing poppies, suggesting it could cause defendants to question the neutrality of the trial.
“It is for this reason that the Canadian Judicial Council, in its Ethical Principles for Judges, states … judges should avoid statements or visible symbols of support, particularly in the context of litigation,” the leaders said.
Related videos
Smith and Borden's joint statement came after Nova Scotia Premier Tim Houston said on social media last week that he had recently learned that some courtroom staff had been ordered not to wear poppies and called the order disgusting.
Get the latest national news
To stay on top of news affecting Canada and the world, sign up for breaking news alerts delivered directly to you as they happen.
“We have courts and democracy because of the courage of those who are willing to make the ultimate sacrifice to achieve and protect the very rights and freedoms we enjoy,” he said.
“The judges who made this order are wrong.”
Houston said he may introduce legislation to enshrine the right to wear a poppy in the workplace.
In a statement to The Canadian Press, Nova Scotia courts spokesman Andrew Preeper said he could not disclose the details of the courthouse and judge Houston is referring to.
But Preeper said no court staff had received an order prohibiting them from wearing a poppy.
“Staff who wished to wear poppies in the courtroom were encouraged to speak with the presiding judge and, if necessary, conversations were conducted around that specific topic,” Preeper said.
“It is important to note that members of the public may wear poppies in the courthouse and courtroom… The position of the courts on this issue is not unique to Nova Scotia.”
Former Alberta Premier Jason Kenney also called the practice disgusting on Saturday in response to Houston's social media post.
“I am equally stunned and outraged by the politicization of the poppy,” Kenny wrote in his post.
“The duty to remember is pre-political. It is one of the things that binds us together in society and in time to previous generations. It recognizes that there are higher and more valuable things than our everyday political disputes or our material concerns.”
Poppies in courtrooms also became an issue in Saskatchewan last week when CBC reported that a prosecutor in Saskatoon said she wore a poppy at the start of her trial in the Crown Court but was told by email she couldn't do so.
In 2023, the province passed the Saskatchewan Remembrance Act, which it said was intended to ensure that provincially regulated workers could wear poppies recognized by the Royal Canadian Legion in the workplace from November 1 to 11.
At the time, the government said exceptions would be made if wearing poppies posed a risk to the health, safety or welfare of the worker or others.
“While the Court of Queen's Bench has jurisdiction to determine appropriate dress, our government believes that wearing a poppy shows respect for our service members who have defended our country's freedoms and system of government and continue to do so today, and should therefore be allowed into the courtroom,” Prime Minister Scott Moe said in a social media post last Friday.
During last year's provincial election campaign, Moe said he was willing to expand existing legislation that allows court workers to wear poppies on Remembrance Day to include wearing orange on Sept. 30.
Many people wear orange shirts on September 30th to honor residential school survivors.
Moe's 2024 pledge came after the Meadow Lake Tribal Council, which represents nine First Nations, said two First Nations women that year were told to go home from a courthouse northwest of Saskatoon to change out of their orange clothing in honor of National Truth and Reconciliation Day.
On Sunday, Smith and Borden said they understand symbols in courthouses are a sensitive topic.
“However, sometimes the head referee/judge needs to speak up. This is one of those times.”
This report by The Canadian Press was first published Nov. 9, 2025.
— With files from Fakiha Baig and Rob Drinkwater in Edmonton.
© 2025 The Canadian Press
