N.S. top judge has high praise for appeal court trip to Cape Breton

Law360 Canada (October 2, 2024, 4:36 PM EDT) -- Nova Scotia’s Chief Justice is calling his appeal court’s historic sitting outside the province’s capital a “great success” — and a learning opportunity for those involved.

It was last week, Sept. 23–27, that the province’s highest court left the Halifax Law Courts building and heard three appeals in Cape Breton’s Sydney area.

It was the first time the court had ventured from its home in the capital.

On Oct. 2, Nova Scotia Chief Justice Michael Wood spoke of the benefits the trip yielded.

“I would describe our visit as a great success, and in many ways, it exceeded our expectations,” said Chief Justice Wood, who is also chief of the appeal court. “Our aim was to showcase the work of our court for the public and to expand our knowledge with respect to the Indigenous community and the issues that are important to them. From my perspective, we accomplished all our goals and more.”

Chief Justice Wood said the trip, which took around two years to plan, was pulled off with the help of “many people” both there on the island and in Halifax.  

“There is no doubt in my mind that we made the right decision in choosing the Sydney area for this significant chapter in the life of the court,” he states.

(Last week, a judiciary spokesperson said the Sydney area was chosen due to it being “the second-largest urban centre in Nova Scotia, a fair distance from Halifax, and the busiest courthouse outside” the capital.)

Chief Justice Wood said the goal of the trip was to bring the appeal court closer to the public in Cape Breton.

“Our goal with this visit was to advance a better understanding of the role of the courts in our society and introduce more people to the work of the Court of Appeal. We knew we would receive a warm Cape Breton welcome, and the community did not disappoint.”

The visit had a strong Indigenous element.

On Sept. 24, a welcoming ceremony was hosted by Membertou First Nation and featured songs, drumming, a smudging session and a blessing by a local Elder. Remarks were also delivered by Membertou Chief Terry Paul.

The appeals were heard in a special courtroom set up in the Membertou Trade and Convention Centre. There were three appeals — one to settle who was liable for the misidentification of cremated human remains, one involving a dispute over workplace benefits and the third revolving around child support payments.

All three were out of Cape Breton.

Chief Justice Wood said the trip was a learning experience for the appeal court’s judges — and others — through various education opportunities.

“While one of our goals with this visit was to educate and share information, we also came to learn. The judges of the Court of Appeal joined judges from the Supreme Court of Nova Scotia and the Provincial Court of Nova Scotia to offer a seminar to local lawyers to help develop their advocacy skills when appearing before all levels of court. The Court of Appeal also took part in a session on Indigenous legal principles. … I know these exchanges of information and knowledge were enlightening for everyone who participated.”

In closing, he thanked both those “who had a part in planning this special sitting” and “who took the time to visit and interact with our court.”

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