Courtroom dress rules may seem fixed and unchanging, but over time, they have evolved along with law, culture and society.
When most people picture a judge, they likely imagine a figure in a flowing black robe. Judicial robes are meant to signal fairness, authority, and neutrality. By concealing clothing worn underneath, the robe downplays individuality. It highlights the role of the judge rather than the person wearing it.
This emphasis on form over individuality extends beyond the bench, shaping expectations of courtroom attire for lawyers as well. At first glance, there seems to be little room for creativity or personal expression in such a formal garment. But judicial attire – and courtroom dress more broadly – has never been as fixed or as uniform as it appears. Over centuries, courtroom dress has evolved with society, law, and culture.
A Tradition Rooted in History
The history of robes in Canadian courtrooms begins with English legal traditions dating back hundreds of years. In the 16th century and earlier, scholars, clergy, and aristocrats who served in royal courts commonly wore robes. At the time, robes were more than a fashion statement – they signaled status and proximity to power. Those closest to the monarch wore finer fabrics with more elaborate embellishments, displaying their importance and influence.
Without the comforts of modern heating and cooling, robes also served a practical purpose. Heavy robes were worn in winter, while lighter ones kept wearers cool in summer. Regardless of the season, early judicial clothing could be surprisingly ornate, featuring gold thread, fur trim at the sleeves, and stiff, pleated collars called ruffs. Over time, these elaborate features disappeared. What remains today is the black gown and two small white strips of cloth at the neck, now known as tabs or bands.
Wigs, Colour, and Ceremony
By the 17th century, horsehair wigs, also called periwigs, replaced hoods. Wigs were fashionable among the upper classes and became a symbol of authority and dignity. They also served practical purposes, hiding hair loss and the effects of rudimentary hygiene of the times.
Today, judges in criminal courts in England and a few Commonwealth countries still wear wigs. In Canada, however, the tradition faded around the turn of the 20th century. British Columbia and Newfoundland were among the last provinces to abandon judicial wigs.
Colour once played a major role in English courtroom dress. Scarlet robes were worn for criminal trials and ceremonial occasions, while violet was used for business and civil proceedings. Black robes were donned after periods of national mourning following the deaths of King Charles II and Queen Mary in the late 1600s. As fashion and sentiments changed, bright jewel-tones disappeared, and the muted black robes that began as a sign of respect became the norm.
Judicial Robes Today
Modern Canadian judicial robes still reflect hierarchy and tradition, though in quieter ways than their English predecessors. Much of what is worn in court is standard across Canada. Judges typically wear ankle-length robes with wide, winged sleeves. These are made from wool, silk, or blended fabrics chosen for durability and uniform appearance. Judges’ cuffs and waistcoats are often more decorative than those worn by lawyers, featuring more prominent buttons. Under the robe, judges wear a white winged-collar shirt or a detachable bib known as a dickie.
In Alberta, lawyers and judges wear slightly different accessories. Lawyers traditionally wear a retainer, a strip of fabric draped over one shoulder. Judges wear a sash over both shoulders. The colour of the sash shows the judge’s level of court: green for Justices of the Peace, blue for the Court of Justice, red for the Court of King’s Bench, and black for the Court of Appeal. Lawyers who are appointed King’s Counsel (KC) may wear black silk robes rather than wool, a distinction known as “taking silk”.
Designed for Men, Worn by All
However slight, variations reveal information about the robe’s wearer. For centuries, judicial robes were designed with men in mind. When women began entering the legal profession and joining the bench, the supposedly “neutral” robe proved anything but.
Appointed in the 1940s, Justice Bertha Wilson had to be measured for her judicial robe because no woman had ever been fitted for a tailored robe before. Her experience reflected wider issues faced by early female judges, including the lack of women’s robing rooms – or even women’s washrooms – in courthouses.
Nova Scotia lawyer Grace Wembold recalled robing behind library shelves, where she installed her own mirror and hook. Another lawyer and politician, Judy LaMarsh, simply used the men’s robing room, causing what she described as “great furor.”
Robes in the Headlines
In 2024, the Supreme Court of Canada redesigned its ceremonial robes for the first time in its 150-year history. The new robes are made of black silk and accented by two thin red lines down the front, replacing the traditional scarlet robes with white ermine trim. The design reflects heraldic tradition while embracing a more modern Canadian identity.
Les Rabats-Joies, a Québec tailoring atelier led by designer Romane LeGallou, created the redesign. Chief Justice Richard Wagner described the robes as modern, simple, and more accessible in appearance. The updated design moves away from the heavy silhouette of earlier robes—once jokingly compared to a Santa Claus costume.
Supporting Access: The Robe Bank
Court attire remains mandatory for bar call ceremonies and some court appearances. For lawyers who appear in court only occasionally, buying robes can be expensive.
The Calgary Courthouse Library helps address this barrier through the Iris Barry Yake Robe Bank. The Robe Bank lends robes, shirts, and waistcoats to members of the bar to use in court. While its collection is modest, it continues to grow through donations.
A Living Tradition
Judicial robes may appear unchanging, but their history tells a different story. From colourful medieval garments to modern black silk, courtroom dress has evolved alongside the law itself. While the robe continues to symbolize fairness and authority, it also reflects the people and values of its time – quietly adapting, one stitch at a time.
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About Katherine Hyrcza
