Updated: Thu Dec. 21 2006 3:22:03 PM

toronto.ctv.ca

A Christmas tree which was removed from a courthouse lobby by a judge made a quick reappearance, only to be removed to reignite a debate about the holiday symbol.

Justice Marion Cohen ordered a small Christmas tree removed from the lobby of the provincial courthouse at 311 Jarvis Street earlier in December.

In a letter to employees, Cohen - who oversees administration of the courthouse - said non-Christians are "confronted" by the decoration, making them feel "they are not part of this institution."

The tree was moved to an administrative corridor inside the building, sparking outrage from members of the public and politicians.

Cohen refused to reverse the decision to move the tree, but on Wednesday it returned to the lobby. After a brief appearance in its original location, the tree was moved back to the corridor.

Once again on Thursday, Premier Dalton McGuinty weighed-in on the debate. He said that he cannot understand how a Christmas tree could offend.

"How does a menorah offend anyone? How does a Christmas tree offend anyone," McGuinty asked.

"How does a celebration of Eid offend anyone? How does the wonderful celebration we enjoyed recently at Queen's Park for Diwali ... offend anyone?"

"It enriches us. We live in a privileged society. With privilege comes responsibility and that's to open up your hearts and your minds to all these possibilities."

Although Attorney General Michael Bryant said he has spoken with Chief Justice Brian Lennox about formulating a policy for placing Christmas trees in courthouses, the premier shrugged off the idea.

"I don't think it's the kind of thing that we really want to get into by way of specific policies and laws and regulations," McGuinty said.

"Why can't we be as open-minded as the children of this school," he asked while visiting a multicultural elementary school.

Conservative Leader John Tory said Bryant should have dealt with the issue immediately by issuing a joint statement with the chief justice saying, "get over this orgy of political correctness."

"Let's let people celebrate all the holidays," Tory said, adding that there are more serious issues facing the justice system than the placement of a tree.

NDP Leader Howard Hampton said that instead of exploring a tree placement policy for courthouses, Bryant should have questioned whether judges "should be involved" in the issue.

"That probably would have addressed the issue," Hampton said.

While politicians question Bryant's exploration of a Christmas tree placement policy, the Ontario Bar Association has asked him for a policy that "promotes a greater understanding of the diverse religions and cultures in Ontario by allowing displays and symbols, such as Christmas trees, in our courthouses."

Christmas trees are on display at other public buildings, including the Ontario legislature, Toronto City Hall and inside the old city hall courts.

Justice Cohen has never commented publicly on the decision to move the tree.

With a report from CTV's Paul Bliss and files from The Canadian Press