“Having a written practice direction that clarifies that counsel can modify their attire sends an important message about inclusion, that counsel are welcome to appear, and are included in practice, at all times in their lives and regardless of their physicality,” said Sabrina Bandali of Toronto’s Bennett Jones, chair of the CBA’s Women Lawyers Forum. “This is why it’s important for courts to have practice directives to address these issues — so we’re explicit that all counsel are welcome in court and so no one is left wondering what to do if they face circumstances that make traditional gowning inaccessible for them.”
Bandali, one of several lawyers spearheading the initiative, noted that the CBA began pushing Canadian courts in 2016 to adopt practice directives permitting pregnant counsel to depart from traditional gowning requirements, such as fitted waistcoats and tabs, to the extent necessary, and asking for courts to establish an appropriate process for counsel to inform the court that their attire has been modified.
“Since then several courts have revised their gowning policies, and so our work this year is to advocate for all courts to adopt the best practice that has developed in Canada,” explained Bandali, “The best practice goes farther than we envisioned in 2016, and allows modification for any personal circumstances such as pregnancy, a medical condition, or disability.”
Bennett Jones