The top judges of Nova Scotia’s provincial court and Supreme Court have spoken out on the courtroom poppy ban.

Chief provincial court Judge Perry F. Borden and Chief Justice Deborah K. Smith issued a joint statement Sunday.

The statement referred to “recent comments” about court staff being asked not to wear public symbols of support, including poppies, in the courtroom. While not mentioned specifically, Premier Tim Houston made comments Thursday about the situation.

“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,” the statement said. “The wearing of a poppy symbolizes our respect for those who have served, and those who did not return.

“Why, then, would a judge ask staff not to wear a poppy in the courtroom?”

The statement noted judges have an obligation to conduct all proceedings in “an impartial and unbiased manner” and there can be no signs of favouritism towards any party.

They cited the Canadian Judicial Council’s Ethical Principles for Judges, which states:

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

The statement included a hypothetical situation to illustrate the importance of a courtroom being an unbiased and neutral space.

The example suggested a non-veteran charged with assaulting their partner, a highly respected veteran. The accused’s trial is scheduled to begin just before Remembrance Day.

“The accused walks into the courtroom and sees the judge, the court clerk, and the sheriff all wearing a poppy. That individual will likely have some discomfort or doubt about the neutrality of the proceeding.”

The statement said a judge’s decision to not allow symbols of support to be worn by court staff is not intended to undermine or diminish respect for veterans.

“It is to ensure that all Canadians know that they are entering an unbiased and neutral space when they enter a courtroom.”

A statement provided to Acadia Broadcasting by Nova Scotia Judiciary communications director Andrew Preeper said members of the public were still permitted to wear poppies in courthouses and courtrooms.

Preeper said no order or directive was given. Staff who wanted to wear a poppy in the courtroom were advised to speak with the presiding judge.

He said conversations to that effect have taken place as needed, and the decision is at the discretion of the presiding judge.