In circumstances where you are in the Superior Court of Justice a lawyer will be dressed in a gown. Our criminal courts certainly do not require that you attend court in the same attire as lawyers, however there is an expectation that you dress appropriately.
Lords Justices of Appeal, full ceremonial dress, 2013 Judges in the Court of Appeal, Criminal Division, wear the same black silk gown and court coat as QCs, together with the short bench wig. Judges of the Civil Division did likewise until 2008, but they now wear the new-style robe.
Judges and counsel are forbidden to wear wigs and gowns in proceedings in the District, Circuit and High Courts in respect of inter aliathe following Acts: Legitimacy Declaration Act (Ireland) 1868 Children Acts 1908 to 2001 Adoption Acts 1952 to 1998 Married Women's Status Act 1957 Guardianship of Infants Act 1964 Family Home Protection Act 1976
The judge in municipal court, as well as the senior judge in appellate court can decide that no one wears robes, on a case to case basis, but this happens only in non- air conditioned courtrooms on hot summer days. Lay judges (2 in municipal court, and 5 in appellate court) wear no special clothing.
Robes are typically only required when lawyers appear in the Ontario Superior Court of Justice, or higher appellate courts. Confusion can occur however because even within the Superior Court of Justice, robes are not always required.
Unlike American lawyers, Canadian lawyers wear robes when they appear in the superior courts. Unlike British lawyers, they do not wear those little gray wigs you see in BBC legal dramas. Legal custom shifted away from the wearing of wigs in most of Canada's courts in the mid-19th century.
All judges in Ontario courts wear red sashes over their robes. Judges of the Ontario Superior Court wear the sash over their right shoulder, with the ends attached on the left side, while judges of the Ontario Court of Justice wear their sash over their left shoulder with the ends attached on the right side.
The color depends on the profession – purple (judges of common courts), red (state prosecutors) and blue (attorneys). Attorneys only wear robes in criminal proceedings and in all proceedings before the Constitutional Court, the Supreme Court, and the Supreme Administrative Court.
Generally in Ontario, if you are a lawyer in front of a judge in the Superior Court of Justice, you should be fully robed, with exceptions for chambers appointments, and scheduling and pre-trial conferences.
In Canada, court attire is very similar to what is worn in England, except that wigs are not worn. Specifically, bar jackets are worn under gowns, and Queen's Counsel and judges have more elaborate cuffs than other lawyers.
Justices of the Superior Court of Justice and the Ontario Court of Justice are normally addressed as “Your Honour.” Justices of the Court of Appeal are normally addressed as “Justice.” The more formal “My Lord, My Lady” are no longer used to address justice of any court in Ontario.
In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.”
The bright scarlet robes were made specifically for her, thus starting out their life at a truly significant moment for gender equality in the legal world. The robes are the traditional dress of High Court judges presiding over criminal cases and earn those who wear them the nickname of 'red judges'.
Every judge of a court of this state shall, in open court during the presentation of causes before him or her, wear a judicial robe, which the judge shall furnish at his or her own expense. The Judicial Council shall, by rule, prescribe the style of such robes.
But the judges of England and its many colonies often wore very colorful robes and even powdered wigs when they sat to hear cases. Some historians think that the move toward wearing only black was strengthened in 1694 when the judges of England and its American colonies donned black to mourn the death of Queen Mary II.
Whereas most graduation gowns come to Academic from China, the Cronan family makes their judicial robes from scratch. It starts out as a giant sheet of plain back fabric that gets measured, cut, sewn, pleated and measured — over and over again until it looks perfect.
Judges of the Superior Court of Justice wear black gowns, white tabs, and a red sash. Judicial gowns are adorned with a badge created by Canada’s Chief Herald, which consists of the sun in splendour, representing the majesty of the law, as well as a red maple leaf, the scales of justice, and a Royal Crown that rests on the sun’s upper rim.
Deputy judges are senior lawyers appointed by the Regional Senior Judge, with the approval of the Attorney General, to preside over proceedings in the Small Claims Court. Interested lawyers with a minimum of 10 years’ experience may write to the Regional Senior Judge of the region in which they wish to preside. To prevent court scheduling conflicts, applicants may apply to one region only. Please provide a letter of interest, curriculum vitae and references. Applicants must be members in good standing of the Law Society of Ontario, have no outstanding liability claims relating to the practice of law and no criminal record.
The Act permits the Chief Justice to delegate this authority to eight Regional Senior Judges so they may exercise this power in their respective regions. The Chief Justice must also assign every Superior Court judge to a region and may reassign a judge from one region to another.
The Canadian Judicial Council also investigates complaints about the conduct of federally appointed judges across Canada. The Council has the authority to recommend to Parliament, through the Minister of Justice, that a judge be removed from office.
determining the sittings of the court; assigning judges to the sittings; assigning cases and other judicial duties to individual judges; determining the sitting schedules and places of sittings for individual judges; determining the total annual, monthly and weekly workload of individual judges; and. preparing trial lists and assigning courtrooms, ...
Once appointed to the Superior Court, a judge can remain in office until the mandatory retirement age of 75.
The Senior Family Judge provides advice to the Chief Justice on specific matters concerning the Family Court, including judicial education, practice and procedure, Family Court expansion, and expenditure of budgeted funds.
Whether you are in front of a Judge or a Justice of the Peace you should stand when he or she enters the courtroom or exits the courtroom. If you enter the court or you have to leave the court while the Judge or Justice of the Peace is still in the courtroom, it is respectful to bow your head before exiting or upon entering the courtroom. Once the Judge or the Justice of the Peace has sat down, you will be instructed to sit down. You should remain sitting unless your name is called or you need to exit the courtroom.
You should consider wearing a suit, dress pants and a button-up shirt, or for women dress pants or a skirt, and a blouse. Although jeans and a t-shirt are acceptable, they should not be your first choice of clothing to wear to court. Being charged with a criminal offence is a serious matter, and it is important that you convey to the court that you are taking the proceedings seriously, and one way to do that is to dress appropriately.
The easiest way for you to identify whether you are in front of a Judge or a Justice of the Peace is to look at what colour sash the person is wearing with their robe . A Judge will always be wearing a red sash with his or her robe, and a Justice of the Peace will always be wearing a green sash.
If you are asked a question just try to answer the question to the best of your ability, but at the same time try to keep your answer brief. Also try not to speak while someone else is speaking. Everything said in court is recorded and it is very difficult for the court reporter to identify what is being said when there are multiple people talking at the same time. Finally, try to be patient and polite. You will not achieve anything positive by getting into an argument with the Court or by being rude or disrespectful.
Criminal defence lawyers are in court on a regular basis and thus are familiar with both appropriate and inappropriate courtroom etiquette. However, for someone who has never been in a courtroom before you may not know how to act, what to say, or how to dress appropriately. As a lawyer, I make sure you understand appropriate courtroom etiquette ...
Once the Judge or the Justice of the Peace has sat down, you will be instructed to sit down. You should remain sitting unless your name is called or you need to exit the courtroom. When you name is called in court proceed immediately to the front of the court and identify yourself.
In circumstances where you have hired a lawyer or there is a duty counsel lawyer in the courtroom, the lawyer will be able to do most of the speaking on your behalf. However, there may be circumstances where you are required to address the court yourself, and therefore it is important that you understand how to appropriately speak to the court.
The robe and waistcoat have been worn in England since the publication of The Discourse on Robes and Apparel of 1625, and were meant to lend an air of solemnity to court proceedings, setting lawyers apart from the public and their clients.
Thankfully, the Ontario practice direction allows pregnant lawyers some leniency:
Generally in Ontario, if you are a lawyer in front of a judge in the Superior Court of Justice, you should be fully robed, with exceptions for chambers appointments, and scheduling and pre-trial conferences. Lawyers never gown to appear before a Master.
If you ask any Canadian lawyer what they think of having to robe for court, chances are they will say some variation of " at least we don't wear wigs!" referring to the fact that that lawyers in the UK are required in court to wear white powdered wigs (but only for criminal proceedings, as of 2007 ).
An example of court wig and gown worn by Judge George William Paul, 1874
Court dress comprises the style of clothes and other attire prescribed for members of courts of law. Depending on the country and jurisdiction's traditions, members of the court ( judges, magistrates, and so on) may wear formal robes, gowns, collars, or wigs.
Barristers or solicitors who have been appointed Queen's Counsel ("QCs") wear a silk gown with a flap collar and long closed sleeves (the arm opening is half-way up the sleeve). For this reason, barristers who are appointed Queen's Counsel are said to have "taken silk", and QCs themselves are colloquially called "silks". The QC's black coat, known as a court coat, is cut like 18th-century court dress and the sleeve of the QC's court coat or bar jacket has a turned back cuff with three buttons across. On special ceremonial occasions (such as the opening of the legal year ), QCs wear (in addition to their court coat, waistcoat and silk gown) a long wig, black breeches, silk stockings and buckled shoes, lace cuffs and a lace jabot instead of bands.
Solicitors wear the same wing collar with bands, or collarette, as barristers. Their gowns are of a slightly different style, with a square collar and without gathered sleeves. By virtue of the Consolidated Criminal Practice Direction at I.1.1 (as amended by Practice Direction (Court Dress) (No4) [2008] 1 WLR 257), "Solicitors and other advocates authorised under the Courts and Legal Services Act 1990 ... may wear short wigs in circumstances where they would be worn by Queen's Counsel or junior counsel." Other qualified advocates, such as chartered legal executive advocates, will wear the same attire as a solicitor.
Junior counsel are called to the Bar in three sittings in the year, one in Hilary term, one Trinity term, and the other in Michaelmas term. This ceremony takes place in the Supreme Court. All new barristers habit themselves in full court working dress.
All male advocates wear a white stiff wing collarwith bands (two strips of linen about 5 by 1 in (127 by 25 mm) hanging down the front of the neck). They also wear either a dark double-breasted suit (or with waistcoatif single-breasted) or a black coat and waistcoat and black or grey morning dress striped trousers (black lounge suit). The black coat and waistcoat can be combined into a single garment, which is simply a waistcoat with sleeves, known as a bar jacketor court waistcoat. Female advocates also wear a dark suit, but often wear bands attached to a collarette rather than a wing collar.
The use of plain black gowns in the Court of Appeal dates from the origin of the Court in the 1870s, when it was populated by Chancery judges who were accustomed to this form of dress. [7]
If you are addressing a judge or associate judge of the Superior Court of Justice, you should call him or her “Your Honour” or “Justice/Associate Justice (last name)”. Deputy judges should be called “Your Honour”.
Please comply with any direction that they give you. If you fail to comply with any such direction, you may be asked to leave the courtroom.
When you arrive at the courthouse, check the daily hearing list for the courtroom number and time. If the matter in which you are interested is not on the list, ask a member of the court staff to direct you to the counter where someone can look up where and when the matter is being heard.
Be on time. Because people entering and exiting the courtroom can be very distracting, you may be required to wait outside of the courtroom until an appropriate break in the proceedings.
Standing is generally not permitted in courtrooms. Please turn off your cellphone or pager before entering the courtroom. Members of the public are not permitted to use electronic devices ( e.g. cellphones, cameras, recording devices etc.) in courtrooms unless the presiding judge orders otherwise.
Hats or headwear are not permitted except for religious reasons. Please also remove your sunglasses before entering the courtroom (unless they are required due to a medical condition).
Before arriving at the courthouse, make sure you do not have any pocket or utility knives or anything else that may be considered a weapon. These items may be confiscated, and you may be denied entry into the courthouse. When you arrive at the courthouse, check the daily hearing list for the courtroom number and time.
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1. Use polite language, a calm tone and reserved body language. Speak clearly and loudly enough to be heard, but don't shout. Don't wave your hands or otherwise make unnecessary gestures when you are speaking to the judge. Always speak politely and respectfully to the judge and all other court officials.
Remember that you are addressing the whole court. The judge is a representative of the court. Courts act on their own authority, so do not word your questions or statements as though you are making a demand or giving an order.
If you did not get the opportunity to speak to the courtroom staff to get the judge’s preferred form of address, address the judge as “Your Honor.”. Do not interrupt. Do not interrupt or "speak over" anyone in the court, including the judge, other court officials, and other attorneys.
Behave quietly and respectfully in the courtroom. Do not eat, drink, laugh, talk, chew gum or tobacco, smoke, or otherwise interrupt the proceedings. In some cases, you may not read materials (such as a novel or e-book) that are unrelated to the court business.
Ask your friends to be respectful. If you have friends or relatives in the audience, caution them against calling out, talking amongst themselves, or taking pictures, either inside the courtroom or outside. The judge can have the bailiff remove them as well.
For example, do not say things like "The court's attention is directed to" or "The court should note." This sounds like you are giving directions for the judge and court to follow, which is not your place.
Do not use any phrases that criticize the judge or anyone in the courtroom. Avoid using any words that can be interpreted as threatening toward anyone in the room. Do not use obscene language or slang.