At a special Full Court sitting last Tuesday to honour her life and legacy, Justice Désirée Bernard was remembered for many things, but chief among them – and not surprisingly – as the woman who shattered glass ceilings to achieve many firsts in the legal fraternity.
Equally, however, what this legal-great was remembered for by the people who knew her best was her humility. A daughter of the soil, the former chancellor of the judiciary and former judge of the Trinidad-based Caribbean Court of Justice (CCJ)—Guyana’s final appellate court—died on March 28th at the age of 85.
Addressing the gathering at the Guyana Court of Appeal, President of the CCJ Justice Adrian Saunders memorialised her as a pioneering jurist who was also passionate about women’s rights.
Justice Saunders who along with Justice Bernard was among the judges selected to the CCJ’s inaugural bench in 2005, said that even prior to that, he was aware of her “impressive reputation,” both as a judge and an “ardent champion of the rights of women.”
In the latter realm, he said, she was credited with establishing a remarkable number of firsts which gave an insight into her accomplishments, qualities and calibre; but said that even this did “not convey the full picture of the breadth of her contribution to the region.”
He said that the question which naturally springs to mind is, “how is it that she was invariably always the first woman” even as he added that “it’s certainly not the case that there was no other woman around” to select or appoint.
“So, what did the appointing or the electing body see in her that made her at the relevant time, better or more qualified or more fitting than any other woman?” he rhetorically asked.
The qualities she possessed which stood out both within Guyana and regionally, he said, which outshone all other women spoke to her rich legacy and “enormous humility”.
Justice Saunders said that although Justice Bernard attained the highest judicial post in Guyana, “she carried herself no differently from the way she might have if she were, say, a judicial clerk. She carried herself with quiet dignity, with pride, confidence.”
Even when she was the “obvious star,” he said, Justice Bernard always tried to find a way to turn the spotlight away from herself, reminiscing that she was always approachable and interacted with people of all walks of life, giving freely of her time and wisdom.
“Justice Bernard’s passing is indeed a loss to the Caribbean community, but happily she has left us a legacy which will continue to guide us. We will always remember her contribution to exalting and dignifying our civilisation,” Justice Saunders said as he memorialised his friend and colleague.
“Justice Bernard was truly special. May her memory always be a blessing,” he said.
Meanwhile, in honouring her memory, Chief Justice (ag) Roxane George SC said that Justice Bernard’s life exemplified “service” and “humility” and she made it her mission to bring out the best in others “especially with her exhortations to always aim for excellence.”
Quoting from Shakespeare’s Twelfth Night, “some are born great, some achieve greatness and some have greatness thrust upon them,” Justice George said that all three of these accolades can be attributed to Justice Bernard.
Describing her as a pioneer and trailblazer of the legal profession in Guyana and the Commonwealth Caribbean—having shattered the glass ceilings and unlocked many doors—Justice George said that the late judge was an inspiration to many, particularly women, more especially of the fraternity at home and abroad.
Chronicling the decades which spanned her legal profession, Justice George said that Justice Bernard served Guyana from 1970 to 2005, the CCJ from 2005 to 2014; and on her retirement from the CCJ, as Justice of Appeal in Bermuda in 2014.
The gathering heard that the late judge also served on the Inter-American administrative tribunal based in Washington, USA in 2011.
Justice George reminded the gathering that Justice Bernard was the first woman judge of the High Court of Guyana, the first Chief Justice, first Justice of Appeal and first Chancellor of the Judiciary of Guyana.
She was also the first woman judge of the Caribbean Court of Justice. Prior to this appointment, as a legal practitioner, Justice George said, she was the first woman president of the Organisation of Commonwealth Caribbean Bar Associations.
Though a “remarkable woman,” the Chief Justice said that Justice Bernard was “calm and dignified…God-fearing and exuded humility. Never being one for pomp and ceremony with the ability to mix with distinguished as well as ordinary people.”
Hers was an exemplary life of service both on and off the bench, Justice George said, as she was a member of many national, regional and international organisations. Her devotion to her Anglican faith was manifested through her service to the church; she was the first woman Chancellor of the Anglican Diocese of Guyana and Suriname.
The gathering heard that Justice Bernard was also a member of the Council of the University of Guyana, the Toastmistress Club, the Board of the Guyana Girl Guides Association, the Conference in the Affairs and Status of Women in Guyana, the Caribbean Women’s Association, the Commonwealth Magistrates and Judges Association, the International Association of Women Judges, the Caribbean Association of Judicial Officers and the Caribbean Association of Women Judges of which she was the first patron and Vice President of the International Federation of Women Lawyers.
Justice Bernard also played an instrumental role in the formation of the Guyana Legal Aid Clinic. She was a human rights and women’s rights activist; nationally, regionally and internationally serving as rapporteur and then chair of the United Nations Committee on the Elimination of Discrimination Against Women.
Justice George said that Justice Bernard’s advocacy for women’s rights resulted in the trilogy of legislation: the Equal Rights Act, the Married Persons Property Amendment Act and the Family Independence Provision Act.
For her immense contribution to the development of law in Guyana and the region, and for her leading role in advocating women’s development, Justice George said, Justice Bernard was honoured with the eighth Caricom Triennial award for women.
The Full Court heard that Justice Bernard was also conferred with an honorary Doctor of Laws by the University of the West Indies and an Honorary Doctor of Philosophy by the University of Guyana.
In addition, she was accorded national honours of Guyana – the Order of Roraima and the Cacique Crown of Honour.
“Her commitment to excellence was exemplified by her distinguished career as a Guyanese and Caribbean jurist. A strong advocate for a regional court as the final appellate court for our territories, she has left a rich legacy of jurisprudence through her erudite judgments, tangibly demonstrating beyond doubt the judicial scholarship that we know is very evident in our region,” Justice George said of her mentor.
She shared that it was Justice Bernard who “actively persuaded me to join the High Court bench and I am thankful for her tenacity in this regard for I have no regrets.”
“We are deeply appreciative for her exemplary life of service to our country, our region and the world at large; for inspiring us to serve with honesty and integrity, in ensuring access to justice and in upholding the Rule of Law,” she said, adding, “that she so served, while contributing so much to the social fabric of Guyana and the Caribbean is testimony to her brilliance.”
Chancellor of the Judiciary (ag) Yonette Cummings-Edwards reminisced that Justice Bernard never allowed her achievements to “cloud her vision or to relax.”
She said that her contribution throughout Guyana and the Caribbean “will remain legendary,” specifically noting that Justice Bernard’s contributions to Guyana’s jurisprudence in the field of constitutional law, administrative law, family law, property law, elections law and civil law have been remarkable.
Justice Cummings-Edwards said that Justice Bernard’s contribution to the removal of discrimination against children born out of wedlock, the constitutional recognition of the best interest of the child, and the status of women and their participation in public decision making remained legendary.
Justice Cummings-Edwards said she was reminded of her words, “let excellence be the mantra that guides you throughout your life. Never settle for mediocrity.”
With all the top judicial positions in Guyana currently headed by women, Justice Cummings-Edwards said that Justice Bernard would be proud of this and is a fitting tribute to her.
She said that though she has “made her exit,” Justice Bernard “has left a lasting legacy and we are richer for the foundation that she has laid and the contributions that she has made.”
Sharing similar sentiments was Attorney General and Minister of Legal Affairs Anil Nandlall SC who noted the more than five decades which spanned Justice Bernard’s illustrious career.
He said that she had certainly etched her name in the annals of legal history in Guyana, the Caribbean and the Commonwealth, noting that her contributions have inspired generations of women certainly in Guyana and further afield.
The special sitting of the Full Court held in honour of Justice Bernard was held at the Guyana Court of Appeal.
