An Application by Ewart Isaac Augustus Robateau

• Jurisdiction: Belize
• Judge: Madam Justice Patricia Farnese
• Judgment Date: 14 August 2023
• Court: Supreme Court (Belize)
• Year: 2023
• Docket Number: CLAIM No. 451 of 2023

IN THE MATTER of an Application by EWART ISAAC AUGUSTUS ROBATEAU to be admitted to practice law and be entered on the Roll as an Attorney-at-Law of the High Court of Belize

BEFORE

THE HONOURABLE Madam Justice Patricia Farnese

CLAIM No. 451 of 2023

IN HIGH COURT OF BELIZE, A.D. 2023

APPEARANCES:

Mr. Ewart Isaac Augustus Robateau, for himself.

Mr. Hubert E. Elrington S.C., Counsel for the Applicant.

DECISION ON APPLICATION FOR ADMISSION TO THE LEGAL PROFESSION

Introduction:

1 Mr. Robateau applies under section 6(1)(c) of the Legal Profession Act 1 for admission as an Attorney-at-Law in Belize. I have dismissed the application on the ground that Mr. Robateau does not meet the requirements for admission. Over time, the requirements for admission have changed. It is no help to a party to appeal to past practice when the governing legislation has been amended. One can no longer be admitted to practice law in Belize without a Legal Education Certificate unless

the person is admitted or qualified to practice law in another CARICOM nation. Practice experience in Belize or any other jurisdiction is no longer sufficient

2 In preparing to set the matter down for a hearing, I reviewed the Fixed Date Claim Form and the accompanying affidavit with exhibits and did not see evidence that Mr. Robateau was “qualified to practice law in a CARICOM Member state” as required by the Legal Profession Act. I invited Mr. Robateau to make submissions on that point. Written submissions were provided on Mr. Robateau's behalf by Mr. Hubert E. Elrington S.C.

3 After reviewing the submissions, I elected to exercise the discretion granted to me by Rule 26.1(o) of the Supreme Court ( Civil Procedure) Rules 2005 to deal with the matter on written submissions. I find that the Fixed Date Claim Form and written submissions demonstrate a fundamental misunderstanding of the requirements of admission to practice law in Belize. I wished to save Mr. Robateau the experience of assembling his family and friends for what he hoped would be a joyous occasion only to learn that his application was dismissed.

Issue:

4 The central issue to be decided is:

Whether Mr. Robateau meets the requirements under the Legal Profession Act to be admitted as an Attorney-at-law?

Analysis:

5 Mr. Robateau filed a Fixed Date Claim Form for an order of the court to be entered on the Roll and admitted to practice as an Attorney in Belize. The requirements for admission are set out in subsection 6(1) of the Legal Profession Act:

6(1) A person who after the commencement of this section applies to be admitted to practice law, and who satisfies the Supreme Court that he–

(a) is a national of a CARICOM Member State and holds a Bachelor of Laws Degree and a Legal Education Certificate;

(b) is a national of a CARICOM Member State who is admitted to practice law in a CARICOM Member State; or

(c) holds a Bachelor of Laws Degree or its equivalent granted by a Commonwealth University, and possesses suitable practical experience and competence and is qualified to practice law in a CARICOM Member State,

and is of good character, shall upon compliance with the requirements of this Act, and unless that person is exempt from the requirements under, on payment to the Registrar of the appropriate fee for registration, be admitted to practice law and be entered on the Roll by order of the Court.

Mr. Robateau applied for admission under subsection 6(1)(c).

6 I find the requirements for admission under subsection 6(1)(c) are: 2

All applicants must also:

These requirements are cumulative meaning if any one is not fulfilled, Mr. Robateau cannot be admitted to practice law in Belize.

• 1. Hold a LLB or equivalent from a Commonwealth University;

• 2. Possess suitable practical experience and competence; and

• 3. Be qualified to practice law in a CARICOM Member State;

• 4. Be of good character; and

• 5. Unless exempt, paid the prescribed fee for Registration to the Registrar of the High Court.

7 Only the third requirement is at issue in the present application. Mr. Elrington asserts that if the court adopts the “Literal Rule of Statutory Interpretation” and gives the words in subsection 6(1)(c) their natural and ordinary meaning, Mr. Robateau satisfies the requirements for admission. He argues that Belize is a CARICOM Member State and because the subsection does not read “qualified in a CARICOM Member State except Belize,” he ought to be admitted.

8 I do not find Mr. Elrington's interpretation sound. A natural and ordinary reading of subsection 6(1)(c) necessarily implies the words except Belize because of the use of the word qualified instead of qualify. Subsection 6(1) of the Legal Profession Act contains an exhaustive list of ways to qualify for admission to practice law in Belize. One cannot be qualif...