N.S. chief justices declare vaccination status, assert independence

Torn between asserting judicial independence and public interest in their COVID-19 vaccine status, Nova Scotia's chief justices have issued statements that all judges presiding in courtrooms are vaccinated.

The assurances were contained in statements posted on the Courts of Nova Scotia website late Friday by the chief justice of the Nova Scotia Supreme Court and the chief justice of the Court of Appeal. A similar statement was issued by the provincial court chief judge on Wednesday.

"Although it would be inappropriate to discuss internal court policies, the Supreme Court recognizes the public interest in the vaccination status of judges. As such, members of the public can be assured that Supreme Court judges presiding in courtrooms will be fully vaccinated," Supreme Court of Nova Scotia Chief Justice Deborah Smith said Friday.

The issue arose last week because the judiciary maintains it is exempt from provincial government requirements that employees must have at least one dose of COVID-19 vaccine by Nov. 30.

"I would say that Nova Scotians judges play an important role in our society, but they're no different than every other Nova Scotian. They should be vaccinated," Premier Tim Houston said Wednesday, after the situation was first reported by the business website allnovascotia.com.

"We're going to dig into that and find out. But if we can, if we can extend the policy to them, which I hope we can, then we'll make sure judges are vaccinated. They should be vaccinated."

Autonomy

On Friday, Appeal Court Chief Justice Michael Wood again insisted on autonomy while removing any concern in that court.

"As an independent branch of government, the judiciary is not legally subject to the authority of the executive branch in respect of its practices and procedures," Wood said.

"The Nova Scotia Court of Appeal does not routinely release information about its own internal policies. That said, the court recognizes the interest of the public concerning the vaccination status of judges. With this in mind, the judges of the Court of Appeal have voluntarily decided to disclose that they are all fully vaccinated."

Jennifer Stairs, a spokesperson for the Nova Scotia Judiciary, said in an email Monday that the "judiciary maintains that judges are not subject to the policies and procedures for federal or provincial employees. Instead, the chief of each court works with the members of their bench to develop administrative policies for that court.

"There is good reason for this separation. As the third branch of government, the judiciary must be visibly independent from the executive and legislative branches. This independence exists not for the benefit of judges, but for the citizens who appear before them. This is especially important if the government is a named party in a court action. Even the perception of bias can affect people's confidence that they will get a fair hearing."

Stairs said there will be no further comment from the judiciary on the vaccination status of judges. "Likewise, the judiciary will not comment on internal court policies or other matters that could come before the courts for adjudication," she said.

Provincial court

In her statement, provincial court Chief Judge Pam Williams said she welcomed the chance to clarify the vaccination status of judges.

"The public should be assured that all provincial court judges presiding in courtrooms, both now and in the future, are fully vaccinated," Williams said.

She added that while some judges are not sitting due to medical leave, "any judge returning to sit in the provincial court will be fully vaccinated." The policy also applies to justices of the peace.

The courts will not say how many judges who are not presiding in courtrooms are currently unvaccinated.

The courts have been declared an essential service. Entry into its buildings does not require proof of vaccination.

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