The Attorney General of Trinidad and Tobago v Dianne Jhamilly Hadeed
| Jurisdiction | Trinidad & Tobago |
| Judge | Bereaux J.A. |
| Judgment Date | 31 July 2020 |
| Neutral Citation | TT 2020 CA 39 |
| Court | Court of Appeal (Trinidad and Tobago) |
| Docket Number | Civil Appeal No. P310 of 2019 |
| Date | 31 July 2020 |
IN THE COURT OF APPEAL
N. Bereaux J.A.
J. Jones J.A.
A. Des Vignes J.A.
Civil Appeal No. P310 of 2019
Claim No. CV 2018-02726
In the Matter of an Application Pursuant to Section 14 of the Constitution of the Republic of Trinidad and Tobago Alleging that the Provisions of Section 4 thereof have been, are being, and are Likely to be Abrogated Abridged or Infringed
and
In the Matter of Section 15 (1A) of the Legal Profession Act Chapter 90:03
and
and
F. Hosein SC, R. Dass, R. Thurab instructed by L. Persad and K. Matthews, Attorneys-at-law, for the Appellant
R. Caesar, C. Rodriguez, S. Kirk-Solomon instructed by D. Francis, Attorneys-at-law, for the Respondent
A. Fitzpatrick SC, J. Sookoo, C Hackett instructed by Bryne and Byrne Attorneys-at-law for The Law Association of Trinidad and Tobago (the First Interested Party)
I. Benjamin SC, P. Rudder instructed by M. Benjamin, attorneys-at-law for The Registrar of the Supreme Court of Trinidad and Tobago (the Second Interested Party)
Delivered by Bereaux J.A.
(1) The main issue in this appeal is whether section 15(1A) of the Legal Profession Act contravenes the equality provisions of sections 4(b) and (d) of the Constitution of the Republic of Trinidad and Tobago (“the Constitution”). The short question is whether the respondent, Dianne Hadeed, a dual citizen of St. Lucia and Grenada, was discriminated against by virtue of her “origin” pursuant to section 4(b) and (d) of the Constitution. It is the Attorney General's appeal from the decision of the High Court which declared section 15(1A) of the Legal Profession Act Chapter 90:03 (“the LPA”) unconstitutional because it contravened the provisions of section 4(b) and (d) of the Constitution.
(2) Ms Hadeed has cross-appealed, challenging the judge's dismissal of her claims of a breach of her rights enshrined under section 4(a) and section 4(b) of the Constitution including a claim of a breach of legitimate expectation. Consequently, there are other issues raised in the appeal as to whether her rights to property and her legitimate expectation under certain international treaties were abridged. Ms. Hadeed is referred to in this judgment either as Ms. Hadeed or the respondent.
(3) The respondent wishes to be admitted to the Trinidad and Tobago Bar. She applied for admission pursuant to the provisions of section 15(1A) of the LPA. Section 15(1A), introduced in October 2000 as an amendment to the LPA permits Trinidad and Tobago nationals to practise law in Trinidad and Tobago without the necessity of obtaining a Legal Education Certificate (LEC). The respondent's application was refused because she is not a Trinidad and Tobago national. Only Trinidad and Tobago nationals can be called to the Trinidad and Tobago Bar pursuant to section 15(1A). Prior to the promulgation of section 15(1A), possession of a LEC was the sole basis upon which anyone could be admitted to the Trinidad and Tobago Bar (subject to certain exceptions which are not relevant here). Non-nationals who wish to practise law in Trinidad and Tobago, remain obliged to obtain the LEC through the various options permitted by the LPA and the Council of Legal Education Act Chap 39:50 (“the CLE Act”).
(4) The CLE Act governs legal education in Trinidad and Tobago. It implemented an agreement made among governments of certain Caribbean territories (the Agreement) including the Government of Trinidad and Tobago, with respect to legal education within their jurisdictions. It established a Council of Legal Education as a body corporate, empowered, inter alia, to undertake and discharge general responsibility for the practical training of persons seeking to become members of the legal profession. The Council's powers also include power to establish and maintain law schools for the purpose of providing post graduate professional legal training, courses of study and practical instruction, for the holding of examinations and for the granting of diplomas and certificates.
(5) By Article 5 of the Agreement, no person was admissible to practise law in Trinidad and Tobago without a LEC. Article 5 (among other articles) is enacted into law in Trinidad and Tobago by section 3 of the CLE Act. All participating territories were required to enact this provision. Article 5 further provides that “nothing herein contained in this Article shall prevent any territory from imposing additional qualifications as a condition of admission to practice herein”. As it stood, therefore, the LEC was the minimum standard of qualification prior to section 15(1A) of the LPA.
(6) A LEC is obtained from the Council after undergoing an approved course of study at a law school administered by the Council. LLB graduates of the University of the West Indies are accorded automatic admission to the law schools. The admission of non-UWI graduates is subject to the availability of places and to such other conditions as the Council may require.
(7) Having regard to the provisions of Articles 3 and 4 of the Agreement which govern the qualifications required to enter a law school administered by the Council, the options of the respondent to qualify to practice in Trinidad and Tobago (or the other participating territories), otherwise than pursuant to section 15(1A) of the LPA are:
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(i) Obtain a UWI LLB degree and pursue a course of study and professional training at a law school (usually a 2 year course). Admission to the law school would be automatic pursuant to Article 3.
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(ii) Obtain a non-UWI degree which is recognised by the Council as equivalent to a UWI LLB degree and apply for entry into the law school. Such admission is subject to availability of places.
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(iii) Obtain a non-UWI degree which is recognised by the Council as equivalent to an UWI LLB degree and either of the two following qualifications:
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(a) a qualification, approved by the Council, from a common law jurisdiction for admission to practise law in that jurisdiction, or,
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(b) a qualification which would have been recognised, prior to 1 st October, 1972, by all the participating territories, as a qualification to be admitted to practise as a barrister or solicitor in those territories,
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(c) AND, thereafter, complete a six month course of training organised by the Council.
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(8) These are options from which Ms. Hadeed must also choose if she wishes to practice in her home country be it St. Lucia or Grenada. The enactment of section 15(1A) of the LPA created four additional bases on which to qualify to practice law in Trinidad and Tobago, none of which requires the obtaining of a LEC. Section 15(1A) provides as follows:
“Notwithstanding this Act or any other written law to the contrary, a national of Trinidad and Tobago who—
(a) has passed the Bar Finals or the Bar Vocational Course at an institution validated by the general Council of the Bar of England and Wales, has been called to the Bar of England and Wales and has completed pupillage of at least six months and is certified as such;
(b) has passed the Law Society Finals or the Legal
(c) Course at an institution validated by the Law Society of England and Wales and having undertaken articles or a training contract in accordance with the Training Regulations of the Law Society of England and Wales, has been admitted to the roll of Solicitors of the Supreme Court of England and Wales;
(d) has passed the Bar Vocational Course at an institution validated by the general Council of the Bar of England and Wales; or
(e) has passed the Legal Practice Course at an institution validated by the Law Society of England and Wales; and
(f) in the case of persons referred to in paragraphs (c) and (d) has obtained a certificate from the head of chambers of an Attorney-at-law of not less than ten years standing, practising in Trinidad and Tobago to the effect that the national has undergone an attachment at those chambers for a continuous period of not less than six months doing work relating to the practice of Law, is deemed to hold the qualification prescribed by Law and is entitled, subject to the payment of the prescribed fees, to practise as an Attorney-at-law in Trinidad and Tobago.”
Because section 15(1A) is specific to nationals of Trinidad and Tobago, non-nationals wishing to practise law in Trinidad and Tobago continue to be required to obtain a LEC in the way set out in the CLE Act (as they would in any other participating territory). This is the basis of the respondent's complaint.
(9) Ms. Hadeed has completed all the requirements to be called to the Bar under section 15(1A) of the LPA, including her six-month attachment. On 7 th April, 2017, she received a “Certificate of Recognition of Caribbean Community Skills Qualification” from the Trinidad and Tobago Government. During the course of her attachment she sent a notice to the Registrar of the Supreme Court indicating her intention to apply for admission to practise law in Trinidad and Tobago. This notification included proof of her nationality and qualifications, including a copy of her passport, birth certificate, Bachelor of Laws (LLB) certificate and Legal Practice Certificate (LPC). She received no intimation of an objection to her intended admission. Rather, she received a letter of congratulation from an Assistant Registrar, informing her that 10 th November, 2017 was the date that general admissions will be held.
(10) The respondent could not meet that date (probably because she only completed her attachment on 1st December, 2017). Ultimately, the respondent's...
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