Will Ghana follow Canada to scrap reference to Judges as “My Lord” and “My Lady”?

“My Lord,” “My Lady,” “Your Lordship,” “Your Ladyship,” “Your Honor,” “Your Worship.”

These reverential titles may have just been heard for the last time in the top courts of the Canadian Province of British Columbia.

The reason?

The Courts believe these are “antiquated” and do not reflect modern cultures.

In a report filed by the B.C branch of the Canadian Bar Association last Friday, Justices of the courts will now be referred to as “Chief Justice,” “Justice,” “Madam Justice,” or “Mr. Justice,” where applicable.

The Bar Association further referred to an email received on Friday from the Courts, which explained the action as continuing from “the courts continually [reviewing] and [considering] their practices, looking for areas to improve”. The email added that “everyone is welcome to the courthouses and the courts need to be inviting and relevant to all.”

Across several jurisdictions, including Ghana, the titles “My Lord” and “My Lady” have been used in several of these top courts.

The term is reported to have originated from the British Legal system whose footprints have seared through the sands of time, following age-long impressions and interactions, of sorts, with several countries across the world.

In Ghana, this legacy is manifest in the fact that Superior Court Justices are referred to as “My Lord Justice” or “My Lady Justice.” Circuit Court Judges are addressed as “My Honor” while District Court Judges respond to “My Worship”.

Indeed, this has not been without some setbacks, given anecdotal connotations that are attached the title “My Lady”.

Captain Nkrabeah Effah-Dartey is a celebrated legal luminary and was the Member of Parliament for the Berekum Constituency in the 3rd and 4th parliaments of the 4th Republic.

He described this peculiar challenge in a 2019 opinion piece titled “My Lady” Versus ‘My Lord’?” in which he noted that “the greater majority of all female superior court judges are all married women and they always very proudly show their ringed left hand for all to see, so I always find it most embarrassing indeed to hear oftentimes an obviously young junior male lawyer referring to a senior High Court judge as “My Lady”. (At times, I quietly tell myself: who the hell is this small boy referring to My Lord as “My Lady”? Don’t you know she can even be your mother?).”

Ambiguities aside, it is clear that the present confusion enabled by the title may best be catered for in a gender-neutral term that maintains the respect that ought to be accorded Judges and Justices in Ghana.

In British Columbia, it has been argued that inclusivity must be shown as being promoted by the courts. Lisa Nevens is co-chair of a section of the Canadian Bar Association (B.C. branch) that addresses sexual orientation and gender identity issues.

She is reported as saying “I think it’s a really positive change that will modernize our court and help to improve inclusivity on the judiciary, especially with an immediate impact for people who are nonbinary in their identify[sic], or gender diverse, as well as some broader, systemic impacts.”

Gender identity issues may not be presently true for Ghanaian application, but it remains to be seen how much further confusion will be caused with continuous use of the “antiquated” titles, “My Lord” and “My Lady”.