Government moves to implement legal aid commission

This week’s Cabinet meeting also resulted in a series of policy decisions touching justice reform, public service protections, infrastructure development and environmental management.

Among the most notable is Cabinet’s approval to bring the Legal Aid Act of 2023 into force in the upcoming fiscal year and formally establish a Legal Aid Commission. Government says the move will ensure that Belizeans of small or moderate means are able to access legal representation, with the cost supported by the National Assembly.  The decision follows the April 2023 ratification of the legislation in the Senate. At that time, Lead Government Senator Eamon Courtney explained that amendments would allow for a comprehensive legal aid scheme to support vulnerable citizens.

Eamon Courtenay, Senator, Government Business: “Essentially what it seeks to do is to empower the commission to administer a comprehensive legal aid scheme for those who require legal services but are unable to afford it. A full regime is set out as to how the legal aid will be financed and how certificates may be applied for by persons who want legal aid and how they are to be granted. It is very comprehensive and it is much of an improvement on what we have at the current time. This is an improvement on the current situation. There is no legal framework that exists for legal aid in Belize other than the power of the court to make an assignment for a criminal matter. Now there are a number of competing things which Senator Peyrefitte alluded to. The first thing is we have to bear in mind that this is a country of laws. You cannot regardless of your profession I cannot send somebody who wants some planning work done and say go to Madam President I know she’s a planner and she will do it for free. I can’t send somebody and say go to a doctor and tell the doctor to provide an operation for you and he or she will do it for free period now can I say I want to build my house and go to a politician and say do you know any contractors tell them to build my house for free in similar vein you cannot send somebody to an attorney’s office and say you go and do this case in court and do it for free. That having been said all senators who spoke and I believe all Belizeans would appreciate that we understand in a society that is ruled by law the judicial system can only work if most litigants have access to affordable legal aid, affordable legal services. So the first principle is if you can pay for it you pay for it. The legal aid scheme, the legal aid services does not exist to allow persons who have the ability to hire Senator Peyreffite to come and say I want legal eat and the state must pay for me. So Senator Peyreffite made the point and I agree with him and I think there is provision in the bill that seeks to ensure that the legal aid scheme that is being developed does not prejudice private practitioners.”