The Guyana Association of Women Lawyers (GAWL) was among those who paid rich tribute to retired justice Desiree Bernard who passed away yesterday at the age of 85.
In a statement, the GAWL said that Justice Bernard was known for breaking the proverbial glass ceilings in several areas of law, particularly those involving women’s rights.
“She was known as a lady of firsts and was an amazing daughter of the soil, having been awarded the Cacique Crown of Honour and the Order of Roraima, among many other accolades”, it said.
The GAWL said that Justice Bernard became qualified as a solicitor in 1964 and practised civil law in Guyana from 1965 until 1980, when she became the first female Judge of the High Court of the Supreme Court of Judicature.
In 1992, she became the first female Justice of Appeal of the Court of Appeal of Guyana, then the first female Chief Justice of Guyana and in the Commonwealth Caribbean in 1996. In 2001, Justice Bernard was appointed as the first female Chancellor of the Judiciary of Guyana and in the Commonwealth Caribbean. She was the last person to hold a confirmed appointment to that position.
From 2005, she served as one of the first judges of the Caribbean Court of Justice (CCJ) until her retirement. For her stellar service to the legal system and public service, the GAWL said that Justice Bernard was conferred in 2023 with an honorary Doctor of Letters by the University of Guyana. During her distinguished career, the association said that Justice Bernard held membership in many local and international organizations including the Caribbean Women’s Association and Organization of the Commonwealth Caribbean Bar Associations.
“She was the first President of the GAWL, a testament to her dedication to empowering women in law. She became an honorary member in 2021 of the GAWL. Her leadership and vision have inspired us all as we continue the work of the Association”, the association said.
President Irfaan Ali yesterday expressed condolences at the passing of Justice Bernard.
““It is with profound sadness that I have learnt of the passing of a true icon of the legal profession, Justice (rtd.) Desiree Bernard.
Her remarkable career as Chief Justice and Chancellor of the Co-operative Republic of Guyana, alongside her esteemed tenure as a Justice of the Caribbean Court of Justice, left an indelible mark on our legal landscape, one that all Guyanese should take pride in.
Justice Bernard was a trailblazer for women in the field of law. Her stellar legal career, personal integrity, and her outstanding legacy, I am confident, will continue to inspire all who seek to serve within our legal system”, he said.
In a statement, Attorney General Anil Nandlall SC said: “No doubt, Justice Bernard, by her accomplishments, would have inspired several generations of women. I believe that the overwhelming majority of female(s) entering the profession over the last two decades, not only in Guyana but across the Caribbean Region, is a testimony to the influence of a cadre of female lawyers and jurists of which Justice Bernard was the founder.
“Both on and off the bench, Justice Bernard carried herself with an aura of decorum and rectitude in keeping with the nobility associated with judicial office. Yet, Her Honour remained accessible and approachable. I know this because when I entered the profession, Her Honour was the Chief Justice and was doing all estate matters and trials. I did my first series of trials in civil law before Justice “Bernard. To say that I learnt greatly would be an understatement.
“One quality of Justice Bernard I distinctly remember: Her Honour welcomed constructive criticisms of the Judiciary and Judges. When those criticisms were made, Her Honour engaged in an attempt to find a solution.
Director of Public Prosecutions Shalimar Ali-Hack SC in remembering Justice Bernard said “She has set a high standard for all judges who aspire to emulate her especially female judges”.
“She always commented at the admission of a young female lawyer to the bar that more women are now being admitted but they must not just be numbers they must strive to excel at the bar. This was her charge to young female lawyers on their admission,” Ali-Hack added.
In an interview with Stabroek News in 2014 just as she was on the verge of retirement from the CCJ, Justice Bernard was asked about her role as a trailblazer for other women.
“Maybe I did pave the way…because once you break the barrier and me being the first it opened the avenue for others. It could have been said I led the way,” she said.
During a telephone interview with the Sunday Stabroek from her office in Trinidad, Justice Bernard said she was satisfied as she believed that the judgments she had written would have reflected justice for the persons who had been before her.
And no judgment stood out in her mind as being more important than another as she heard cases in both the criminal and civil jurisdictions. But the first criminal case she did still came to mind as it concerned a man accused of raping his 14-year-old niece and Justice Bernard said she viewed such offences as serious since they involved children. The man was found guilty and she sentenced him to 25 years in prison.
Speaking about her journey to making the law her profession, Justice Bernard recalled that it was never her lifelong dream to be a lawyer as she never saw herself as having the capacity to undertake legal work. But when she completed her ‘A’ levels it was suggested that she move in that direction, and because in those days the profession was split in two ‒ there was the solicitor who prepared the case and the barrister who presented it ‒ it was suggested that she train as a solicitor. She went to work as a solicitor with Cameron & Shepherd in the 1960s, and in 1967 she opened her own chambers. In 1980 the dichotomy between barristers and solicitors came to an end, and the profession was fused into one and all the members of it became attorneys-at-law. Following that she was asked by then Chancellor of the Judiciary Victor Crane if she was interested in becoming a judge in the High Court.
“I was not too keen on it because I did not think I had the capacity…but after thinking about it I agreed, and once I got into it I liked it and made the best of it,” the judge said.
In 1992 she became the first woman to be appointed a judge in the Court of Appeal and later in 1996 she became the first female Chief Justice. Five years later when she was encouraged to apply for the post of Chancellor, Justice Bernard again hesitated, but she went ahead, and it was the same situation when it was suggested she apply to join the CCJ. She was told the court could not start without a female but acknowledged that she applied only because she was persuaded to do so as “I would not have done it on my own.” However, she continued, “I have no regret, hopefully I led the way for other women to follow.”
In Guyana one of the important ventures she was involved in was the formation of the Georgetown Legal Aid Clinic, holding the post of chairperson of its Board of Directors for many years.
She recalled that she was a practitioner when the clinic was first established and she continued her involvement over the years. She said the formation of the clinic helped those without the means to access representation in the courts.
Her advice to young women was to let excellence be their key word, and that they should always perform to the best of their ability and “don’t cut corners; that works wonders in your success.”
