By Feona Morrison
THE legal community assembled in a sombre gathering filled with respect when the Supreme Court of Judicature’s Full Bench called a special sitting to honour the distinguished legacy of the late Justice Désirée Patricia Bernard, OR, CCH, known as the “woman of many firsts.”
The ceremonial sitting was held on Tuesday in the new wing of the Court of Appeal of Guyana, Kingston, Georgetown.
The former Chancellor of the Judiciary of Guyana and Judge of the Caribbean Court of Justice (CCJ), passed away on March 28, 2024, at 85 in Trinidad and Tobago.
Attorney General Anil Nandlall, SC, delivered a poignant address, honouring Justice Bernard’s trailblazing career and unwavering commitment to justice and equality.
Over the course of her five-decade career, Justice Bernard achieved several firsts. Nandlall highlighted her pioneering roles as the first female Chief Justice and Chancellor of the Judiciary in her home, Guyana, as well as her tenure as the first female Judge of the CCJ from 2005 to 2014.
During his speech, he highlighted the significant impact of Justice Bernard on jurisprudence by referencing her seminal rulings and her influence on women in Guyana and the Caribbean.
“I’ll be bold to assert that, perhaps more than any other, Justice Bernard is largely responsible today for the high number of females in the legal profession in Guyana and the Caribbean and similarly, for the high numbers of women holding judicial positions in both the upper and lower judiciary,” he said. According to him, her judgements were scholarly, yet simple, well researched and carefully reasoned. He said her analyses of complex legal issues was clear, clinical, cogent and very simple to assimilate by students, lawyers and judges alike.
“Most importantly, most of her judgements not only withstood appellate scrutiny, but have withstood the test of time. Today, they remain locus classicus decisions on the area of law upon which they pronounced. Justice Bernard was adept in almost every area of the law. Her many judgements span various areas of civil, criminal, public [law]…,” Nandlall added.
The Attorney General underscored that Justice Bernard was a woman of many firsts and that she made sure that she would not be the last, stating that she had left a lasting legacy that future generations of lawyers, particularly women, will emulate.
He noted that the late Judge came from humble beginnings and, by her perseverance and hard work, breached glass ceilings to allow other women to compete in a field dominated by men.
“Guyana has truly lost one of its most brilliant minds and distinguished daughters,” he stated.
Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards, declared Justice Bernard to be a “true daughter of the soil.” She said that despite all of her accomplishments, Justice Bernard remained focused and did not let her achievements cloud her vision.
Justice Cummings-Edwards praised Justice Bernard for her significant contributions to the legal field in Guyana and the Caribbean, emphasising that her impact will be remembered for years to come.
In addition to her compassion, the late Judge was passionate about advocating for legislation to advance women’s and children’s rights and livelihoods.
The Chancellor added: “Today, the top judicial positions in Guyana are filled by all females. I am happy to say that the office of Chancellor, Chief Justice, Registrar, Deputy Registrar and Chief Magistrate are held by females. Justice Bernard would have been proud of this…”
In closing, she quoted Justice Bernard’s words: “Let excellence be the mantra that guides you throughout your life. Never settle for mediocrity.”
Chief Justice (ag) Roxane George-Wiltshire, SC, paid tribute to the deceased legal luminary by stating that Justice Bernard was a powerful figure who had attained tremendous heights on a national, regional, and worldwide scale. She called Justice Bernard a pioneer and trailblazer of the legal profession, stating that no number of words could ever fully convey her significance.
“Justice Bernard was a humbled, God-fearing person whose mission it was to bring out the best in persons, especially with her exhortation to always aim for excellence. She was an inspiration to women lawyers and women Judges in Guyana and the Caribbean,” the Chief Justice noted.
She said that Justice Bernard was never one for fanfare and ceremony and that she could get along with both distinguished and common people, adding that she led an exemplary life both on and off the bench and encouraged others to achieve greatness in their own legal careers.
The Chief Justice shared: “I am a mentee of Justice Bernard who actively persuaded me to join the High Court bench. I am thankful for her tenacity in this regard and I have no regrets. We thank God for her life for what Justice Bernard achieved and did will indeed remain immortal.”
Justice Adrian Saunders, President of the CCJ, stated that Justice Bernard maintained her humility in the face of enormous accomplishments. “Although she attained the highest judicial post in Guyana, she carried herself no differently from the way she might have if she were a judicial clerk. She carried herself with pride, dignity, confidence…,” said Justice Anderson.
He said she never wanted attention and that even in situations where she was the obvious star, she always managed to deflect attention from herself. “She was always very approachable. And so, of course, people from all walks of life approached her. She moved easy among the masses and she give freely of her time and wisdom.” He reminded that Justice Bernard was a fervent supporter of Caribbean nations abandoning the Judicial Committee of the Privy Council.
The CCJ President stated that Justice Bernard has left a “lasting legacy that will continue to guide us,” indicating that her legacy will live on for many years to come.
Additional speakers included Alanna Lall, President of the Guyana Association of Women Lawyers; Ronald Burch-Smith, President of the Bar Association of Guyana; former President of the CCJ, Justice Dennis Byron; Director of Public Prosecution (DPP), Shalimar Ali-Hack, SC; Justice Carl Singh, a former Chancellor of the Judiciary; Justice Kenneth Benjamin, a former Chief Justice of Belize; attorney Nigel Hughes; and Senior Counsel Hari Narayen Ramkarran.
Justice Bernard’s daughter, attorney Carol Ann Bernard, also attended the special sitting.
Justice Bernard read Law at the University of London, graduating with an honours degree in 1963. After qualifying as a solicitor in 1964, she then engaged in private practice after returning home. In 1977, she was admitted to the English Roll of Solicitors.
She has received numerous honours for her outstanding contributions to the advancement of women’s status and the study and practice of law.
The most prestigious ones are the Cacique Crown of Honour and the Order of Roraima, which are Guyana’s third and second highest national awards, respectively.
Justice Bernard received the CARICOM Triennial Award for Women in July 2005. The University of the West Indies (UWI) conferred on her the degree of Doctor of Laws (honoris causa) in November 2007. She was named a Judge of the Washington, DC, USA-based Inter-American Development Bank (IDB) Administrative Tribunal in February 2011.
In 2023, she received an Honorary Doctorate of Laws from the University of Guyana. In Bermuda, Justice Bernard also held the position of Justice of Appeal.
