Last week, the Nova Scotia Court of Appeal held a historic sitting in Cape Breton. For the first time, the province’s highest court sat outside Halifax, hearing appeals in a courtroom set up within the Membertou Trade and Convention Centre.

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.

On Tuesday, our Court was honoured to take part in a welcome ceremony hosted by Membertou First Nation. The ceremony, which included an Honour song, drumming, smudging, and a blessing by a local Elder, as well as formal remarks from myself and Membertou Chief Terry Paul, was indeed a special welcome.

We were also privileged to be joined by family members of the late Donald Marshall, Jr., an important figure in Canada’s justice system. The Court’s visit to Cape Breton coincided with the 25th anniversary of the Supreme Court of Canada’s landmark Marshall Decision. Mr. Marshall’s sacred eagle feather remained in our courtroom for the duration of the sitting in Membertou.

The Court’s judges heard three appeals – two on Wednesday and one on Thursday – and it was great to see these sittings so well-attended by the local community, including a visit by a law class from Breton Education Centre in New Waterford.

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 and their substantive knowledge of administrative and criminal law. The Court of Appeal also took part in a session on Indigenous legal principles that was delivered by Tuma Young, K.C., and Cheryl Knockwood. I know these exchanges of information and knowledge were enlightening for everyone who participated.

Our visit concluded with a Bench and Bar dinner hosted by the Cape Breton Barristers’ Society. This event was an opportunity for a collegial interaction among all members of the legal and judicial communities, and I thank the Society for a great evening and kind farewell.

I would describe our visit as a great success and, in many ways, it exceeded our expectations. 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.

It took almost two years to plan the Court’s visit to Cape Breton and we were fortunate to have the support of many people on the island and back in Halifax, including the Department of Justice. 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.

On behalf of the Nova Scotia Court of Appeal, I want to thank everyone who had a part in planning this special sitting, as well as those who took the time to visit and interact with our Court.

Michael J. Wood
Chief Justice of Nova Scotia