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If you watch American legal dramas and then find yourselfobserving a Canadian court proceeding, you might be understandablydisappointed that instead of this:
You're likely tosee a courtroom full of this:
Barrister's Robes. Personally, I love thewhole court regalia, but that may be because I'm not a lawyerand don't have to wear it. I do sometimes wonder how people inAmerican courtrooms know who the lawyers are. But why and underwhat circ*mstances do Canadian lawyers wear their robes?
What are Barrister's Robes? In Canada, arobed lawyer wears black or grey pants or skirt, a white wingtipcollared plain-front shirt, black waistcoat/vest, long black robe,and white collar tabs. Most lawyers wear robes, waistcoats, andtabs made by Harcourts. Many have a bluevelvet bag they carry their robes to court in, because (1) it'sconsidered very bad form to wear them outside the courtroom and (2)everyone needs a little moreblue velvet in their lives.
When must they be worn? I was going to list therobing rules province by province, but they change frequently and Iwouldn't want anyone relying on my word and getting called outby a judge! You are always better off checking the most up to datepractice direction for your particular jurisdiction and level ofcourt.
Generally in Ontario, if youare a lawyer in front of a judge in the Superior Court of Justice,you should be fully robed, with exceptions for chambersappointments, and scheduling and pre-trial conferences. Lawyersnever gown to appear before a Master.
Thankfully, the Ontario practice directionallows pregnant lawyers some leniency:
Consolidated Provincial Practice Direction
...
Part V: General Practice Directions Applicable to allProceedings
A. Gowning for Counsel
...
Counsel who are pregnant are free to modify their traditional courtattire in order to accommodate their pregnancy as they see fit,including dispensing with a waistcoat and tabs.
Where does the tradition come from?Unsurprisingly, Canadian lawyers' robes are a vestigialreminder of our British legacy, like the use of the letter"u" and enjoying soccer. If you ask any Canadian lawyerwhat they think of having to robe for court, chances are they willsay some variation of "at least we don't wear wigs!"referring to the fact that that lawyers in the UK are required incourt to wear white powdered wigs (but only for criminalproceedings, as of2007).
The robe and waistcoat have been worn in England since thepublication of The Discourse on Robes and Apparel of 1625, and weremeant to lend an air of solemnity to court proceedings, settinglawyers apart from the public and their clients. Tabs came a fewyears later, and are a reference to the Tablets of Law handed downto Moses and are supposed to serve as a reminder of abarrister's obligation to the law.
Why is this tradition maintained? Freelancelitigator Erin Cowling argues that robes are a"Courtroom equalizer":
What I appreciate the most about my robe is that, as a woman, Ifeel like it helps level the playing field for me in the courtroom.Women are often judged on how we look and are dressed, and womenlawyers in the courtroom are no exception. Judges judge us byappearance whether consciously or unconsciously - they are human.The robes act as a great equalizer. We all look equally ridiculousin them, whether we are hiding breasts or a pot belly underneath.When I am wearing the same Hogwarts outfit as counsel next to me, Iknow the judge is not judging me on my choice of dress.
Like school uniforms, robes place all lawyers on an equal, ifequally uncomfortable, level.
The Takeaway: As with any tradition, andparticularly Canadian tradition, change can be glacial and heavilyresisted. The changes in Ontario robing practices, to limit robingto substantial argument before a judge and to allow accommodationfor pregnancy, are practical and welcome. I suspect the traditionas a whole still has a long life ahead.
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circ*mstances.
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