BC Supreme Court Issues New Gowning Policy for Legal Counsel (PD-67)
The Supreme Court of British Columbia has introduced Practice Direction 67 (PD-67), titled "Gowning Policy for Counsel," marking a significant update to court procedures. This new directive, which took effect on February 5, 2025, replaces the former PD-11 and aims to provide enhanced clarity on the requirements for legal counsel's attire during court appearances. Gowning is a long-standing tradition in common law courts, symbolizing the solemnity of the proceedings and the respect owed to the court. This update offers clear guidance in an era where court appearances increasingly occur both in-person and virtually.
PD-67 meticulously outlines the specific circumstances under which counsel must gown. In civil and family proceedings, gowning is mandated for trials (excluding summary trials), post-trial appearances (such as applications for costs or for directions from a judge to settle the terms of an order), appeals from orders made in the Provincial Court, and applications for habeas corpus. For criminal matters, the requirements are more extensive, encompassing bail hearings, bail reviews, plea hearings, pre-trial applications (including Rowbotham applications and voir dires), jury selections, trials, extradition hearings, and sentencing proceedings, among others. Crucially, the policy explicitly states that these gowning requirements apply to all forms of appearances, "whether in person or virtual," ensuring consistency across different hearing formats.
This comprehensive directive is set to bring greater uniformity to court attire, ensuring all legal professionals are clear on the Court's expectations. The explicit extension of gowning rules to virtual hearings demonstrates the judiciary's commitment to upholding traditional decorum while embracing contemporary technological advancements in the delivery of legal services. By replacing an older practice direction with this detailed new one, the Court seeks to eliminate potential ambiguities and reinforce the professional standards expected of counsel, thereby contributing to the smooth and respectful conduct of judicial proceedings. For any situations where the gowning requirement remains unclear, counsel are advised to seek clarification from the Supreme Court Scheduling department for the location of the appearance.
For the full details, please see PD-67 - Gowning Policy for Counsel on the BC Supreme Court website.