For its first-ever venture away from the Halifax Law Courts building, the province’s highest court will sit in the Sydney area, on Cape Breton Island, for the week of Sept. 23.
During that time, the court will hear three appeals while sitting in the community of Membertou. According to a news release, a “courtroom and related facilities” have been set up in the Membertou Trade and Convention Centre.
Sept. 24 marked the event’s kick-off, which included a welcoming ceremony by Membertou First Nation, a speech from its chief and remarks by Nova Scotia Chief Justice Michael Wood, who is also chief justice of the Court of Appeal.
Nova Scotia Chief Justice Michael Wood delivers remarks during the opening ceremony of the Appeal Court’s sitting in Cape Breton’s Syndey area.
“We greatly appreciate the warm welcome and interest we have received from the local community,” said Chief Justice Wood. “This sitting marks the first time the Court of Appeal has sat outside of Halifax and is part of our efforts to introduce more people to the work of the Court.”
The week will also include education sessions and “engagement opportunities” for the judges, as well as a chance for them to connect with the Cape Breton Barristers’ Society and the local Mi’kmaq community.
In an email to Law360 Canada, Nova Scotia Judiciary communications director Andrew Preeper said the court’s trip was “motivated by a commitment to greater transparency, visibility and accessibility” around what it does.
“It is the court’s hope that this visit will help advance a better understanding of the role of the Judiciary and the courts in our society and introduce more people to the work of the Court of Appeal,” said Preeper. “Sitting in Membertou is a unique opportunity for local residents to visit the court and attend a hearing in person that otherwise would be held elsewhere.”
Preeper said the Sydney area was chosen “because it is the second-largest urban centre in Nova Scotia, a fair distance from Halifax, and the busiest courthouse outside Halifax.”
Also, the three appeals being heard on this trip come out of Cape Breton.
A courtroom was set up in the Membertou Trade and Convention Centre for the Appeal Court’s special sitting on Cape Breton.
Later that day, the court will hear arguments around whether Nova Scotia’s Department of Community Services (DCS) had an obligation to tell an injured employee that her workers’ compensation benefits would be cut if she resumed work at a moonlighting job during her time off with the DCS.
On Sept. 26, the court will hear a child support dispute involving a dad objecting to a trial judge’s assessment of his income.
The event is not being live-streamed. Preeper was asked why.
“The working group that planned this visit did consider livestreaming throughout the planning but opted to keep this an in-person session. While the Court of Appeal does, at times, provide livestreaming for cases of provincial interest or of appeals for matters in communities that are far away from Halifax, the three appeals being heard in Membertou are of more local interest to Cape Breton. Ultimately, we didn’t receive feedback requesting a livestream option and expect a good turnout from local residents.”
Members of the public looking to attend the court’s Cape Breton siting are reminded that standard rules apply when in a courtroom, including requirements that visitors remove hats and sunglasses, not talk while court is in session and refrain from recording the proceedings.
Photos courtesy of the Executive Office of the Nova Scotia Judiciary
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