Catherine Ellen Drummond v Belize Bar Association

• Jurisdiction: Belize
• Judgment Date: 14 February 2024
• Court: Supreme Court (Belize)
• Docket Number: CLAIM NO. FD 0050 of 2024

IN THE MATTER OF SECTION 6(1) (c) OF THE LEGAL PROFESSION ACT, CHAPTER 320 OF THE SUBSTANTIVE LAWS OF BELIZE, REVISED EDITION 2011, AS AMENDED BY THE CARIBBEAN COMMUNITY (MOVEMENT OF FACTORS AMENDMENT) ACT, 2004 AND AS FURTHER AMENDED BY THE LEGAL PROFESSION ACT 2014.

IN THE MATTER OF AN APPLICATION BY CATHERINE ELLEN DRUMMOND TO BE ADMITTED TO PRACTICE LAW IN BELIZE AND BE ENROLLED ON THE ROLL AS AN ATTORNEY-AT-LAW OF THE HIGH COURT OF BELIZE

Catherine Ellen Drummond

Applicant

and

[1] Belize Bar Association

[2] Attorney General

Interested Parties

CLAIM NO. FD 0050 of 2024

IN THE SENIOR COURTS OF BELIZE

CENTRAL SESSION – BELIZE DISTRICT

(CIVIL DIVISION)

Appearances:

Mr. Eamon H. Courtenay S.C and Ms. Pricilla J. Banner for the Applicant.

Mr. Andrew Marshalleck SC, Yvette Wallace, William Lindo, Adler Waight for the Belize Bar Association

Mr. Anthony Sylvestre Attorney General.

Delivery Date: February 29, 2024

Decision on Application for Admission to the Legal Profession

Introduction:

1 Sylvester, J: On the 2 ^nd day of February 2024, Ms. Catherine Ellen Drummond (hereinafter referred to as the Applicant) applied to the High Court of Belize to be admitted to practice Law, pursuant to section 6(1)(c) of the Legal Profession Act Cap. 320, of the Substantive Laws of Belize.

2 At the hearing and after submissions were filed in this matter, the Court ordered as follows:

• (a) The Applicant shall be admitted to practice law in Belize.

• (b) The Registrar shall enter the Applicant's name on the Roll of Attorneys, and

• (c) A written decision shall be issued.

3 Herein are the written reasons for the Court's decision which was delivered orally on the 14 ^th day of February 2024.

4 The Applicant filed in support of her application for admission the following documents:

-Fixed date claim form.

-Supporting affidavit of the Applicant with exhibits,

-Affidavit of Godfrey P. Smith- Attorney at Law, attesting to the Applicant's fitness and good character.

-Affidavit of Ben Juratowitch KC- Barrister, attesting to the Applicant character, integrity, experience and admission to the Bars of England and Wales and Australia.

5 The Applicant is a citizen of Australia by birth having been born on the 14 ^th day of December 1987 in South Brisbane. It is necessary to state at the outset, for reasons that would become evident later in this judgment, that Australia is one of the fifty-six (56) countries in the Commonwealth of Nations, and one of the founding members of Commonwealth.

6 The primary legislation governing the admission of Attorneys to practice law in Belize and to be entered on the Roll of Attorneys, is the Legal Profession Act Cap. 320, (hereinafter called the Act). Section 40 of the Act established the Bar Association of Belize, with its stated objectives. Ergo, section 40 (3) states as follows:

• (3) The objects of the Association shall be,

• (a) to deal with matters affecting the interests of the profession and its members and to take such action thereon as may be deemed appropriate.

• (b) to take such steps as may be proper and necessary to ensure that adequate rules regulating the etiquette and practice of the profession in Belize are formulated and enforced.

• (c) to prescribe and maintain the highest standards of learning, integrity, honour and courtesy in the legal profession.

• (d) to represent the Bar in matters concerning the profession in relation to the courts, the Legislature, and the Government of Belize and in any form where the interests of the profession arise.

• (e) to promote, assist and ensure the proper administration of justice and unceasingly to watch over and protect the civil liberties of the people.

• (f) to promote and bring about desired law reform and to take all steps necessary or desirable to develop and maintain a public awareness of the need for a constant review of the law.

• (g) to provide legal representation whenever the interests of justice demand it.

• (h) to project the views of the Association on matters of public importance.

• (i) to promote and foster relations with other professional bodies in Belize and elsewhere for the purpose of better achieving the objects of the Association, and to subscribe to and join or associate with regional and international professional organizations whose objects are not inconsistent with those of the Association.

7 Further, the said Act, pursuant to section 3 (1-3) established the General Legal Council. The Council is charged with upholding the standards of professional conduct of the profession, inter alia. The Chairman of the Council is the Attorney General and in the event he is unable to attend a meeting, the President of the Bar Association shall preside.

Section 3 (1-3) of the Act states as follows:

• 3.– (1) For the purposes of this Act, there is hereby established body to be known as the General Legal Council which shall be concerned with the legal profession and in particular with upholding standards of professional conduct.

• (2) The Council shall consist of,

• (a) the Attorney General.

• (b) the President of the Bar Association; and

• (c) four persons elected from the members of the Bar Association of whom two at least shall be persons of no less than ten years standing in the profession, Provided that if the Attorney General is unable to attend, he may nominate a law officer to act in his place.

• (3) The Attorney General shall be Chairperson of the Council. Where the Attorney General is unable to attend, the President of the Bar Association shall preside at meetings of the Council.

8 Since there exists a plethora of decisions, which were brought to the Court's attention, regarding the interpretation of the Legal Profession Act 1, and a dichotomy of decisions, pre and post the relevant amendments to the Legal Profession Act 2, the Court invited the Belize Bar Association and the Attorney General's Chambers to make representations/submissions, in relation to the Applicant's application, and the interpretation of section 6 of the Legal Profession Act (as amended).

9 On the 12 ^th day of February 2024 the President of the Bar Association, Mr. Andrew Marshalleck SC, filed written submissions on behalf of the Association and the Honourable Attorney General, Mr. Anthony Sylvestre, concurred with the submissions.

Legal Issues:

Has the Applicant satisfied the conjoint requirement of section 6 (1) (c) of the Legal Profession Act Cap. 320 (as amended) to be admitted to practice Law in Belize. The section reads as follows:

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) …………….,

• (b) ……………,

• (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 therefrom, on payment to the Registrar of the appropriate fee for registration and upon payment to the

  Bar Association of the annual subscription in respect of membership of that Association, be admitted to practice law and be entered on the Roll by Order of the Court.

10 The starting point is that the undermentioned questions must all be answered in the positive, as the requirement of the section is conjunctive, so as to enable the Applicant to be so admitted.

• (a) Does the Applicant hold a Bachelor of Laws degree, or its equivalent granted by a Commonwealth University?

• (b) Does the Applicant possess suitable practical experience and competence?

• (c) Is the Applicant qualified to practice law in a Caricom Member State?

• (d) Is the Applicant of good character?

• (e) Has the Applicant paid the requisite fee to the Registrar?

11 It is important to examine the previous statutory regime granting admissions to applicants pursuant to section 6 of the Legal Profession Act and the later amendments 3 upon which the present application is premised.

Brief History: Old Statutory Framework and decisions

12 Prior to the statutory amendment, the pertinent consideration of an applicant's application to practice law in Belize was premised on the Legal Profession Act Cap. 320 of the Laws of Belize and the agreement establishing the Council of Legal Education, as amended by a Supplemental Agreement of 12 ^th October 1984. An agreement which was ratified by Belize in August 1993. Therefore, there existed a clear nexus between the Legal Profession Act and the agreement establishing the Council of Legal Education 4.

13 The original Legal Profession Act Cap. 320 which became operational on the 21 ^st

of June, 1980 5, made provision in section 6 which permitted an applicant to apply to be admitted to practice law in Belize, and stated as follows

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

• (a) is a Belizean citizen and holds a Legal Education Certificate; or

• (b) has obtained adequate training in the law and is suitably qualified and competent to practice law in Belize; or

• (c) possesses suitable practical experience and competence and is qualified to practice law in any country which the Chief Justice, after consultation with the Council, designates by Order published in the Gazette as having a sufficiently analogous system of laws, and is of good character, shall upon compliance with the requirements of this Act, and unless that person is exempt therefrom, on payment to the Registrar of the appropriate fee for registration and upon payment to the Bar Association of the annual subscription in respect of membership of that Association, be admitted to practice law and be entered on the Roll by order of the court.

14 The deeming provision...