National vs Regional Court ( T&T)

Volney: Govt is favouring CCJ
Wednesday, April 30th 2008
Source: Trinidad & Tobago Express

THE debate over the amount of money spent behind the Caribbean Court of Justice (CCJ) entered the Hall of Justice yesterday, when Justice Herbert Volney complained about the malfunctioning public address (PA) system in the Port of Spain Second Criminal Court.

Volney said the PA system in the High Court had not been working for the past five years, but the CCJ had a system where you could hear "a pin drop".

He made the statement after the 12-member jury complained about not being able to hear the testimony of police constable Kishaa Mungroo.

Mungroo took the witness stand yesterday in the murder trial of Anthony Mc Carthy, who was fatally shot near his mother's Laventille apartment on May 16, 2006.

Two men, Ijah Oba Braithwaite and Marlon Taitt, are accused of shooting to death the 47-year-old former URP foreman, who was also a State witness in the April 2005 shooting death of his nephew, Oba Jones.

The debate over the Caribbean Court of Justice (Headquarters) Bill, 2008 originally took place in the Upper House, where the bill was passed and then at the Lower House last week. Many opposition ministers and senators critised Government for pumping millions of dollars into the court, since the judges had very little work at this stage, since the court was yet to be accepted as the highest court in most Caribbean countries.

The CCJ, under its original jurisdiction, is the final court of appeal for all trade matters within the 15-member Caribbean Community (Caricom). It also has an appellate jurisdiction as the final court of appeal for Guyana and Barbados at this time, as other Caricom member states like Trinidad and Tobago are yet to replace it with the United Kingdom's Privy Council.

During his testimony, Mungroo said he took several swabs of Taitt's hands a few days after the fatal shooting of Mc Carthy and it showed he did not shoot a gun.

State prosecutor Jerron Joseph also had tough luck with his second witness, police officer Michael Alleyne, when Volney ruled Alleyne's testimony as inadmissible.

Joseph then called police constable Randy Ramjag as his third witness for the day.

Defence attorneys Selywn Mohammed and Ulric Skerritt represent the two accused men. The matter is expected to continue today. -JJ

Land Dispute Case at the CCJ

Guyana land dispute case starts at CCJ today
Monday, April 28th 2008

Source: Trinidad Express

A civil appeal involving the Government of Guyana and a landowner is scheduled to start today at the Caribbean Court of Justice (CCJ).

The appeal is listed even while the Opposition party, the United National Congress-Alliance (UNC-A), has criticised the wanton waste of money and lack of work for the judges of the CCJ.

The appeal, which is due to start at 10 a.m., is seeking to resolve the issue of whether the Guyanese government can acquire by adverse possession, land compulsory acquired, which has subsequently been declared by the court to be invalid.

One of the main opponents of the CCJ, Sir Fenton Ramsahoye,QC, and Anand Ramlogan are listed to appear for the appellant Toolsie Persaud Limited.

Guyana's Attorney General Doodnauth Singh QC, appears for the Attorney General of Guyana while other Guyanese lawyers appear for the landowner.

Have Faith in the CCJ

B'dos PM: Have faith in CCJ
Monday, April 21st 2008

Source: Newsday

Caribbean countries need to have more confidence in the Caribbean Court of Justice so that they may finally accede to its appellate jurisdiction, Barbados Prime Minister David Thompson said recently.

The CCJ is the regional judicial tribunal but is designed to be more than a court of last resort for Caricom member states.

In its appellate jurisdiction, the CCJ considers and determines appeals in both civil and criminal matters coming out of Caricom states that are members.

Since its inauguration in 2005, only Guyana and Barbados have acceded to its appellate jurisdiction. Trinidad and Tobago, where the CCJ is headquartered, has not.

Thompson pointed out that even though the president of the CCJ was a Trinidadian (former Chief Justice Michael de la Bastide) and it was situated here, Trinidad had not been able to accede to its appellate jurisdiction.

It was therefore difficult to justify to some why the CCJ should be in existence when "only two countries have been able to accede to its jurisdiction", Thompson said.

He was speaking at the Trinidad and Tobago Manufacturers' Association's annual general meeting at the Hyatt Regency Trinidad hotel in Port of Spain last Wednesday.

Trinidad and Tobago and 11 other Caricom states agreed in 2001 to accede to the CCJ's original jurisdiction as a regional tribunal.

The CCJ's is headquartered in Trinidad and Tobago and the fact that a Trinidadian, Michael de la Bastide, is its president should be a source of national pride, Thompson said, adding that a greater effort needs to be made to have other countries agree to its jurisdiction.

Speaking with reporters following the TTMA meeting, he maintained there should not be an issue of lack of confidence in the CCJ since it had expert jurists.

He said something had to be done, possibly by an intermediary, to "push" these countries to accede to the CCJ's jurisdiction.

On Friday, local parliamentarians debated the relevance of the CCJ, given its enormous cost, and lack of use.

T&T Debates the CCJ Bill

Ramesh, Manning clash over CCJ
Ria Taitt Political Editor

Trinidad Express
Saturday, April 19th 2008

Saying that the judges of the Caribbean Court of Justice were "most of the time drinking coffee and reading papers", Opposition Chief Whip Ramesh Lawrence Maharaj yesterday called on the Government to either close down the CCJ or find a way to build public confidence in this institution.

Maharaj and Prime Minister Patrick Manning clashed during the debate on the CCJ Bill in the House of Representatives yesterday as Maharaj claimed that many Caricom prime ministers were having second thoughts as to whether they should continue to pay the expenses of maintaining the court.

Maharaj said also the judges of that court were unhappy because they had no cases and therefore no work to do.

He asked the Government to consider whether the jurisdiction of the CCJ could be expanded as a Court of Appeal in a range of matters, but allowing for a further appeal to the Privy Council. He said Caribbean leaders knew that the populations did not support the CCJ and they were rethinking the wisdom of having such a court.

Manning interrupted saying that he knew of no such position. He said Caricom leaders discussed the issue of making the CCJ independent of the respective treasuries of the region but at no time had there been any doubts as to whether they should proceed with the court. Maharaj countered that Barbados Prime Minister David Thompson noted that unless Trinidad and Tobago was part of the (original and appellate jurisdiction of the) court, it would be a waste of time.

He called on the Government to give the population information on the kind of money spent so far on the CCJ. He also called on the Government to commit itself to a reassessment of the situation to see how best the court could be utiltised given the resources being dedicated to it.

Manning said Caricom governments were careful to put financial arrangements to make the CCJ financially independent and as of now there was no additional call on the Treasury of Caricom countries to maintain the CCJ. But Maharaj challenged this, saying that Attorney General Bridgid Annisette-George had stated differently. Manning stated that there were only additional costs to Trinidad and Tobago and that arose solely out of the fact that Trinidad and Tobago was the headquarters of the court.

Maharaj added that Sir James Mitchell, one of greatest supporters of the CCJ, was now saying that it should be looked at again. Manning rose again to challenge the statement saying to Speaker Barry Sinanan, "He can't get away with that". However, Sinanan suspended for tea.

Debate on the Bill resumes on Wednesday.

T&T Opposition Opposes the CCJ

Abolish Caribbean Court of Justice
Source: Newsday ( T&T)

By RICHARDSON DHALAI

Saturday, April 19 2008

THE Caribbean Court of Justice (CCJ) should be abolished and the Judicial Committee of the Privy Council retained to ensure fairness and equity in the Judicial system.

That’s the view of Opposition Chief Whip Ramesh Lawrence Maharaj who stated that the Trinidad and Tobago population possessed a “lack of confidence” over perceived political interference in the local judiciary.

He was responding to comments by Barbados Prime Minister David Thompson who advised this country to “succumb” to the CCJ’s jurisdiction saying it would be difficult to justify the regional court’s existence when “only two or three countries in the entire region have been able to accede to its jurisdiction.” Thompson called for a “national consensus” to take place in Trinidad and Tobago, where the Court’s headquarters are located, so that the CCJ could replace the Privy Council.

However, Maharaj pointed out that the agreement signed by the UNC when it was government had been signed “subject to consultation with the people.” “The people must decide and given what is happening in Trinidad and Tobago at this time. This country is not at a time where we can depend on the CCJ having regard to what transpired in the CJ case. There is a lack of confidence in the politicians in Trinidad and Tobago . . . the Privy Council should be kept on,” Maharaj said.

He said millions of dollars were being spent on the CCJ with only very few cases being heard by the regional court saying the population of the other Caricom countries which had also not signed on to the Court would also not vote in favour of the Court due to perceived political interference in their court system.

“The Court should be abolished,” he said.

Trinidad Company files suit against Guyana for Treaty Violation

TCL files suit against Guyana - Claims failure to protect cement market

Source: Jamaica Gleaner

published: Friday April 18, 2008

Guyanese President Bharrat Jagdeo has hit out at the Trinidad Cement Limited (TCL), saying the regional company was taking advantage of the Guyanese market.

Jagdeo's comments came on the heels of the court action initiated by TCL Guyana Inc against his government in the Caribbean Court of Justice.

TCL is seeking millions of dollars in damages, saying Guyana had failed to impose the common external tariff (CET) on cement imported from outside the region.

Allowed importation

But Jagdeo said his government had waived the CET to allow the importation of cement from outside the region in order to meet the shortfall in TCL's supply.

The shortages had led to skyrocketing cement prices, Jagdeo said, forcing Guyanese to pay more for the commodity.

Minister of Commerce Manniram Prashad added that TCL could not and continues to be unable to meet the local demand for cement.

But beyond that, he had no comment on the suit, saying up to Tuesday the government had no official word on the court action.

Violated treaty

The CCJ application filed by attorneys for TCL claims that Guyana violated the Revised Treaty of Chaguaramas when it waived the CET on the extra-regional imports, giving an unfair advantage to extra-regional suppliers and local importers to the detriment of the company.

It claimed that the move resulted in losses around US$2 million and has asked for compensation and/or injunctive relief.

The cement company had set up a US$10 million bagging plant in Guyana during the construction boom there as the country prepared for the 2007 Cricket World Cup in the Caribbean.

Trinidad Cement Brings Case under CCJ Original Jurisdiction

CCJ hears CET dispute in its third year

Source: Radio Jamaica

Date April 16, 2008

The Caribbean Court of Justice (CCJ) is to hear its first dispute over the region's Common External Tariff (CET).

The CET is a region wide duty on some goods imported from outside the Caribbean Single Market. Trinidad Cement Limited (TLC) is seeking millions of dollars in damages from the Guyana government following Georgetown's failure to impose the CET on cement imported from outside the region. TCL claims that it lost than US$2 million as a result.

The company had set up a bagging plant in Guyana during the construction boom for the 2007 Cricket World Cup in the Caribbean. However, there were complaints against TCL that it failed to meet local demand for cement at the time.

Wednesday marks the third anniversary of the CCJ.

Third Anniversary of the CCJ

The CCJ three years on
RICKEY SINGH, Observer Caribbean correspondent

Wednesday, April 16, 2008

TODAY marks the third anniversary of the Caribbean Court of Justice (CCJ) that was ceremonially inaugurated in Trinidad and Tobago with an inter-faith service on April 16, 2005 to usher in a historic moment for the development of a Caribbean jurisprudence.

It was established to function both as a final appellate institution and with an original jurisdiction for resolution of trade disputes arising from interpretation of the revised Caricom Treaty.

Three years after its inauguration with headquarters in Port of Spain, the CCJ remains the final appeal court of just its first two member states - Guyana and Barbados. It has delivered judgments in a dozen cases between October 2005 and March 2008.

All other partner states of the English-speaking Caribbean, including its home base, Trinidad and Tobago, continue to access the Privy Council in London, consistent with an age-old colonial tradition and with no movement on the political horizon for a change in its membership status quo in the immediate future.

The Barbados-based Caribbean Development Bank (CDB) has, to its list of credits, the successful mobilisation of US$100 million on the international money market for the financing of the CCJ with a carefully crafted repayment scheme by governments of the participating member states.
While all member countries pay their contributions for the operational budget of the CCJ - estimated at approximately US$4.05 million in 2006 - only Barbados and Guyana can rightly access it as their court of last resort, plus its jurisdiction on trade disputes.

The explanation often offered by Caricom governments yet to sever links with the Privy Council is that they may first have to go the route of a national referendum. But constitutional experts have pointed out that while in Jamaica both dominant political parties have, as of last year, now committed themselves to the referendum course to determine replacement of the Privy Council with the CCJ, at least four Eastern Caribbean countries do not necessarily have to do so.

These four, all in the OECS sub-region - St Vincent and the Grenadines, St Lucia, St Kitts and Nevis, and Dominica - have the option to negotiate support for a two-thirds parliamentary majority to access the CCJ as their final appellate court, rather than resorting to a two-track approach to obtain both the required parliamentary majority and going for a national referendum.

None of this quartet of countries has attempted, under different administrations, to educate the public in favour of replacing the Privy Council with the CCJ. Instead, there continues to be the curious scenario of opposition parties often on the offensive to retain the Privy Council, particularly when they disagree with judgements of their own courts.

Focus on Jamaica
On the other hand, governing parties justify the existence of the CCJ, but without pursuing any significant initiative to move the process towards terminating access to the Privy Council and allowing unchallenged claims of their domestic political opponents.

Latest criticisms levelled at the CCJ in Trinidad and Tobago - where passionate debates often take place about the independence and integrity of the local judiciary - came last week from United National Congress parliamentarian, Senator Wade Mark.

Not only did he engage in a verbal assault against the Patrick Manning administration for, as he claimed, being part of the regional governments "wasting" some TT$400 million (US$66.4 million) annually on the CCJ, but thought it necessary to introduce the race factor with his questioning of any West Indian of Indian descent being among the appointed judges.

In plural Caricom societies like Trinidad and Tobago and Guyana, the race factor in high-profile appointments, including the judiciary, has long been a sensitive issue.It is troubling that Senator Mark should raise, at this stage, the race factor when seven distinguished legal luminaries comprise the judges of the court (two more are yet to be appointed), when making his criticisms against poor fiscal management by the Manning administration.

Incidentally, the senator is way off mark in speaking of wastage of $400 million when the total recurrent and capital budget for the CCJ in 2006, as audited, was US$7.2 million (including US$2.7 million in capital expenditure).

At present, ironically, and strange as it may seem to some, hope is being encouraged on Jamaica moving towards the promised referendum on the CCJ as its court of last resort.

The feeling is that once it takes place, the outcome will be positive in favour of terminating access to the Privy Council. Such a development could well inspire other Caricom states to cease being negative about the CCJ and broaden access.

Race and the CCJ

Mark: No Indian judges in CCJ

Source: Trinidad Express
Anna Ramdass : aramdass@trinidadexpress.com
Thursday, April 10th 2008

Opposition Senator Wade Mark has questioned the balance in the ethnic composition of judges appointed to the Caribbean Court of Justice (CCJ).

He made the comment as he told the Senate there are no Indian judges in the CCJ. "There are 1.4 million Indo-Trinidadians in Suriname, in Guyana and in Trinidad and Tobago... they have appointed between six and nine judges to the CCJ, not one single Indian, not one Indian in that balance,'' Mark said in his contribution to the Caribbean Court of Justice (Headquarters) Bill 2008 at Tuesday's Senate sitting at the Red House, Port of Spain.

"And don't tell me that we don't have judges who are prominent and well established in the judicial landscape... even when you look at the composition of the CCJ, it leaves a lot to be desired."

He said he knows people of Indian origin who have applied for the position, and they have received letters indicating that "their applications are under active consideration".

"Tell me where is the justice,'' Mark said, as he argued that Parliament was being used as a tool by the Trinidad and Tobago Government and other regional governments.

He added that United National Congress Alliance (UNC-A) will never support the CCJ, and pointed out that under the legislation, the head of the CCJ, Michael De La Bastide, can be removed from that position with a three-quarter vote of Caricom Heads of Government.

"We have no faith whatsoever in the CCJ. It is a play thing of Caricom Heads of Government and it will never be able to deliver justice," Mark said.

He argued that other Caricom heads also do not have faith in the CCJ and the fact that only two countries-Barbados and Guyana -have lent their support is evidence of this.

Mark added that the people of Trinidad and Tobago were never consulted with respect to the establishment of the CCJ.

"The CCJ is a waste of time, a waste of taxpayers' money," he said.

COMMENTS

Posted: 2008-04-09 10:02:00 PM
Why is Wade given so much press time when he has proven time and again by his senseless arguments how shallow his thinking is? I guess if making a fool of himself keeps him paid, then he will be a fool for life. Tell us another folklore Wade.

Good going Mark
Posted: 2008-04-09 10:03:00 PM
good going Mark and God bless you, thank God this is observation is made by someone of another race. Tell God will not show you His favor for looking at things as you see it, Trini In LA

Race
Posted: 2008-04-10 02:24:00 AM
The problem in Trinidad is all about race, and unless it is addressed there will never be harmony. When I came to Trinidad in 2006 the problem was the Trinity cross, where is the complain about the red cross, we live in grey areas. The citizens of the WORLD need to start confronting the issue. Senator Obama said it well in his speech to the American people. I am tired of hearing about black and white, Negroes and Indians and religion, we're are very pitiful people, we're forever looking to blame somebody else. I am from Negro, India and Spanish background, who should I follow. I remember as a child, I had friends from every race and I never thought about it, so people please look in your heart and face your own racist mentality, then you will see why Trinidad is going to hell.

Equal Opportunity - Out to Lunch
Posted: 2008-04-10 02:52:00 AM
I commend you, Mr. Mark, a person of apparent non-indian heritage for bringing this error in judgement to light. The Caribbean is populated with persons of every ethnic background, education and qualifications. Yet, on the CCJ, there are no persons of 'South Asian/East Indian' heritage. Mr. Rowley only recently reported that T.T. has a smart and educated population. What happened to the persons of 'South Asian' identity who are very qualified to sit on such a Court? Is it as written by George Orwell that all men are equal but some are more equal? T.T. should never be involved in such a body. We are worth more than we seems to be given credit for. Please ensure that any decisions made by this government does not discriminate against any person regardless of religion, sex, age, political affiliation, or otherwise. We do not need to be a part of such backward institutions. Keep working on it, Mr. Mark. We expect and deserve nothing but the best for our citizens.

Senator Mark is Correct
Posted: 2008-04-10 05:04:00 AM
Senator Mark is correct, we should have ethnic balance in the CCJ. Please don't tell us that there are no very qualified persons of Indian origin and even persons also of Chinese origin and other races . In all successful developing countries persons of other races who are competent are included. Such a move promotes harmony and a sense that all persons no matter of race or background can be fairly represented.
Mark
Posted: 2008-04-10 07:29:00 AM
When will this man just go away? Can't the UNC A think of a more inteligent way of voiceing thier opinion that resorting to racial talk. How about finding a person more qualified than the ones nominated and questioning why this person was not called to duty? Justice, Wade Mark, should be in the hands of those most qualified to dispense it, and NOT as you would have it, something acted on by a racially biased judge, acting on behalf of his fellow indians. Just shows how much you know about dispensation of justice. Steven Il.
cry me a river
Posted: 2008-04-10 08:02:00 AM
There is no such thing as affirmitive action in the Caribbean and there should never be. When we look at the highly ranked judges across the caribbean how many Indians (not IndoTrinidadians as they cannot be if they live in Guyana and Suriname) do we see. Just as they can claim that their students are the most qualified to be accepted into Medicine at UWI. oh please. If they have not done enough to make themselves standout in their careers that what do you want them to do, appoint less qualified persons for the sake of ethinical balance. Not even in the US do they do that. If a firm hires a black person they seek the best of the best of the best of the best. So this nonsense is just another excuse to not support something that can only make the caribben region stronger. This is not a handout so dont make it into that type of appointment.
NO INDIAN ON CCJ
Posted: 2008-04-10 08:08:00 AM
It is time that you all stop this nonsense. Are we not Trinidadians and Tobagonians? After the last world cup Sat Maharaj brought in a gentleman(of indian decentwho played in the world cup) from a foreign country to speak to the indian children about football, why not Yorke, Hislop,or Latapy who aare from TNT? Not a word from the blacks in TNT. If this was the other way around it would have been upheaval. This has to stop. A NATION DIVIDED CANNOT STAND. TRU TRINI
Petty
Posted: 2008-04-10 08:31:00 AM
I just want to ask those who wish to bring our petty ethnic politics into the Caribbean region; are there any Syrian, Chinese, Dougla, Caucacian, Amerindians etc? You all are so petty, good God!

PNP Keeping a Close Eye on the CCJ Issue

We are looking closely at this - Opposition

published: Friday, March 28, 2008

Source: Jamaica Gleaner

PEOPLE'S NATIONAL Party (PNP) President Portia Simpson Miller, who had promised to be the Government's "worst nightmare" said that the Opposition would be watching closely to see whether articulated government policies come to fruition.

Simpson Miller, who is leader of the Opposition, said that the PNP would want the Caribbean Court of Justice (CCJ) to be placed on to the legislative agenda this year. She spoke to The Gleaner after Governor General Sir Kenneth Hall presented the Throne Speech at Gordon House, yesterday.

CCJ issue

When the PNP was in Govern-ment, it attempted to replace the Judicial Committee of the Privy Council with the CCJ as Jamaica's court of last resort. However, the Jamaica Labour Party opposed the move, saying that a referendum was necessary to make the decision.

"We are looking closely at this," Simpson Miller said.

She added, "Several of the constitutional matters mentioned are things we had consensus on and others we were still having discussion on".

"They are continuing some of what we were doing," Simpson Miller told The Gleaner.

Among the things promised for this parliamentary year are constitutional reform, passing of the Charter of Rights and justice reform. "All of those were started by the People's National Party when we were in Government," Simpson Miller noted.

Nothing new

Robert Pickersgill, the PNP chairman, is also of the view that the directions as articulated by Sir Kenneth are not novel. He told The Gleaner that it was not the custom of the PNP to comment on the Throne Speech, while adding, "I have not heard anything new.

"It is a continuation of our policies," Pickersgill added. He told The Gleaner that Prime Minister Bruce Golding's first 100 days in office "have long gone and I have not seen any kind of new initiative". Like Simpson Miller, he said that he would be waiting for the Budget Debates for the Govern-ment to chart a clear position.

Come April 1, user fees in public health facilities will be abolished, bringing into being a pre-election promise of free health care made by the Government. Simpson Miller said she was waiting to see how this would work.

"There were some pronouncements made, like, for example, on the user fees in health, and I am waiting to get more information on that to see whether it is something that we would be taking up or commenting on."

Is the CCJ Dead?

Is the CCJ dead?
Excerpt from Vernon Daley's Article : Caught on camera
Source: Jamaica Gleaner
Tuesday, March 25, 2008

Is the Caribbean Court of Justice (CCJ) experiment dead in the water? Last week St Vincent and the Grenadines Opposition Leader Arnhim Eustace withdrew his party's support for appellate jurisdiction of the CCJ. The Opposition in Trinidad is also opposed to the court while the Jamaica Labour Party Government in Jamaica has never warmed to it. Only Barbados and Guyana have made the plunge in having the court replace the UK-based Privy Council.

As far as I know, we in Jamaica have to be repaying a multimillion dollar loan to the Caribbean Development Bank which was used to set up the court. Why are we paying for something we are not using? We need to have the CCJ issue resolved and I'm hoping we'll hear a major statement from Prime Minister Bruce Golding about the matter in the upcoming Budget debate.

SVG Opposition withdraws support for CCJ

SVG Opposition withdraws support for CCJ

Source: Radio Jamaica - Kingston, Jamaica

Monday, 17 March 2008

The leader of the opposition in St. Vincent and the Grenadine, Arnhim Eustace has announced the withdrawal of his party's support for the Caribbean Court of Justice (CCJ).

Most Caribbean countries have pledged to replace the London based Privy Council with the CCJ as their highest court.

Mr. Eustace said he wanted to see more reform to remove what he says is political interference in the administration of justice in the region. "I think I want to see some further movement in relation to the issue of political involvement and what role the political directive can play," said Mr. Eustace.

Charter of Rights held Ransom - Jamaica

Charter of Rights to be held at ransom - PNP will not tender support until CCJ passed

Source: Jamaica Gleaner.

published: Saturday March 15, 2008

Opposition spokesman on Justice and Constitutional Affairs, Senator AJ Nicholson, has served notice on the Bruce Golding-led administration that his party will not support the passage of the Charter of Rights and Freedoms before the Caribbean Court of Justice (CCJ) is established as the nation's final appellate body.

"If there is to be judicial activism, let that judicial activism be done by persons in the Caribbean," Nicholson said in defending his party's position.

He was speaking Thursday night during the Management Institute for National Developments (MIND) public lecture, at the Knutsford Court Hotel, New Kingston.

The CCJ, a lomg-standing controversial issue in Jamaica, was put on ice after a 2005 ruling by the Privy Council that it was unconstitutional for the Jamaican Parliament to pass laws to allow the island to participate in the CCJ in its appellate jurisdiction without having it entrenched in the Constitution.

Privy Council issue

The Privy Council had agreed that Parliament, by simple majority, could abolish appeals to the United Kingdom appeals court, which was not entrenched in the Constitution. However, the law lords also argued that the Privy Council could not be replaced by a court which was not entrenched in the Jamaican Constitution and whose judges, like those of the domestic court, did not have constitutional protection.

Nicholson said the rights charter should be interpreted by local law lords and not left to overseas individuals.

"We are about to have in our constitution a new charter of rights and freedoms, and in that charter, there are going to be some new and modern provisions, which are not recited in the present Constitution," he said. "Jamaica will have to consider deeply whether it wishes the provisions of that charter to be interpreted and adjudicated upon by a court in the United Kingdom, or a court here in the Caribbean, a court of our own."

The Charter of Rights and Freedoms, which has been discussed on and off in Parliament for about 25 years, is a piece of legislation which seeks to provide members of the public with a list of fundamental rights and privileges that will be enshrined in or deeply protected by the Constitution.

While in government, Nicholson's People's National Party had championed both the CCJ and the rights charter.

On Thursday night, he said his party would now welcome a referendum on the CCJ.

"I also intend to table in the Senate, very soon, a resolution suggesting to the Government that we go ahead and deal with [this] outstanding matter," he said.

Minister of Justice and Attorney General Dorothy Lightbourne told The Gleaner yesterday afternoon that she did not have an immediate response to Nicholson's comments.

CCJ: Research Guide

The Caribbean Court of Justice: A Research Guide
Source: LLRX.com Thu, 28 Feb 2008

Introduction

This guide is designed to facilitate research on the Caribbean Court of Justice, a new court which was inaugurated on April 16, 2005 in Port of Spain, Trinidad and Tobago. The court is expected to serve as a court of last resort for Caribbean states, eventually replacing the Judicial Committee of the Privy Council in the United Kingdom The guide traces the court's history and outlines its mandate and structure. It also provides information on the court's funding, its justices and recent judgments. The guide is also a useful resource for research on the Caribbean Community (CARICOM) and the CARICOM Single Market and Economy (CSME).

History of the Caribbean Court of Justice

Regional appellate courts, though short-lived, have operated in the Caribbean over the course of its history. Two important forerunners of the Caribbean Court of Justice are the itinerant West Indian Court of Appeal, established during the colonial period, and the Federal Supreme Court which operated between 1958 and 1962 when the region experimented with federal governance.
In its 1992 report, the West Indian Commission recommended the establishment of a Caribbean Supreme Court to replace the Judicial Committee of the Privy Council, a Committee considered detached from the Caribbean reality, and a constant reminder of the region's colonial past.

The Commission's recommendation was just one of a number of calls over time from various quarters for a permanent regional court in order to strengthen Caribbean jurisprudence, and promote social and economic stability. Caribbean economic and social integration led to the formation of CARICOM, which was established by the Treaty of Chaguaramas which came into force on August 1, 1973. The Revised Treaty of Chaguaramas Establishing the Caribbean Community, Including the CARICOM Single Market and Economy entered into force on January 1, 2006.

Controversy has surrounded the court even before its inauguration, and the literature on the court is replete with references to it as a "hanging court", due largely to the landmark 1993 Privy Council ruling on Pratt and Morgan, (Earl Pratt and Ivan Morgan v. The Attorney General for Jamaica, 1993) two Jamaican death row inmates whose sentences were commuted to life. The protracted stay of inmates on death row was considered cruel and inhumane treatment by the Privy Council, which ruled that the sentences of inmates on death row for more than 5 years should be commuted to life. Caribbean human rights organizations suggested that the Court's establishment was a move by regional governments to resume hanging. Critics of such organizations, however, have pointed to historical calls for the court's establishment and also point to the court's original jurisdiction with respect to the Revised Treaty of Chaguaramas.

The Court's Mandate and Structure

The Agreement Establishing the Caribbean Court of Justice entered into force on July 23, 2002. To date, 12 CARICOM member states are signatories to the Agreement. They are: Antigua & Barbuda; Barbados, Belize; Dominica; Grenada; Guyana; Jamaica; St. Kitts & Nevis; St. Lucia; St. Vincent and the Grenadines; Suriname and Trinidad & Tobago. However, only Barbados and Guyana have made the court their final appellate court. Other member states are pursuing constitutional reform in order to replace the Judicial Committee of the Privy Council.

The Court is considered unique in terms of its mandate and structure, particularly with respect to its dual jurisdictions. As a replacement of the Judicial Committee of the Privy Council, the Court will exercise an appellate jurisdiction (Part 111). In addition, the Court is vested with an original jurisdiction (Part 11, Article X1) with regard to the interpretation and application of the Treaty Establishing the Caribbean Community.

Regarding its appellate jurisdiction, the Court will review and rule on appeals arising from civil and criminal cases originating from common law courts in the jurisdiction of states party to the Agreement Establishing the Caribbean Court of Justice.

Justices

There are 7 justices of the Caribbean Court of Justice, six of whom are male. Below are the names of the justices and their citizenship:

Right Honorable Mr. Justice Michael de la Bastide - President (Trinidad & Tobago)
The Honorable Mr. Justice Rolston Nelson (Trinidad & Tobago)
The Honorable Mr. Justice Duke E.E. Pollard (Guyana)
The Honorable Mr. Justice Adrian Saunders (St. Vincent & The Grenadines)
The Honorable Madame Justice Desiree Bernard (Guyana)
The Honorable Mr. Justice David Hayton (United Kingdom)
The Honorable Mr. Justice Jacob Wit (Netherlands Antilles)

The Regional Judicial and Legal Services Commission (RJLSC) appoints judges of the Caribbean Court of Justice. The eleven-member Commission is headed by a Court President who serves as Chairman of the Commission. The other members of the commission are appointed by regional legal, educational and public sector institutions.

The President of the Court is appointed by participating Caribbean States on the Commission's recommendation and may only be removed on the Commission's recommendation. Judges may only be removed from office by a tribunal's recommendation.

Article 1X states that the President of the Court holds office "for a non-renewable term of 7 years or until he attains the age of seventy-two years". A judge of the court "shall hold office until he attains the age of seventy-two years" (Article 1X 3).

Court Rules

The following Rules of the Caribbean Court of Justice are available on the court's website: http://www.caribbeancourtofjustice.org/rules.html
The Caribbean Court of Justice (Original Jurisdiction) Rules 2005
The Caribbean Court of Justice (Original Jurisdiction) (Amendment) Rules 2006
The Caribbean Court of Justice (Appellate Jurisdiction) Rules 2005
The Caribbean Court of Justice (Appellate Jurisdiction) (Amendment) Rules 2006

Funding

The Caribbean Development Bank administers a trust fund of US$100 million to meet the court's expenses during its first five years of operation The Government of Trinidad and Tobago provided the building which currently houses the court. The Court's independent source of funding is expected to ensure its autonomy and decrease the risk of political pressure with respect to its judgments.

Judgements

For a review of judgments of the court to date, please see the following http://www.caribbeancourtofjustice.org/judgments.html

Code of Ethics

The court's code of ethics is available at: http://www.caribbeancourtofjustice.org/codeofethics.html

References and Further Reading

The Caribbean Court of Justice
Agreement Establishing the Caribbean Court of Justice http://www.caribbeancourtofjustice.org/courtadministration/ccj_agreement.pdf

The Caribbean Court of Justice: How the Court Works; Original Jurisdiction. CARICOM Secretariat, 2005.

The Caribbean Court of Justice: A Unique Institution of Caribbean Creativity. Sir David Simmons. 29 Nova L. Rev. 171 (2004-2005)

The Caribbean Court of Justice: Enhancing the Law of International Organizations. Sheldon A. McDonald. 27 Fordham Int'l. L. J. 930 (2003-2004)

The Case for a Caribbean Court of Appeal. M.A. de la Bastide. 5 Caribbean L. Rev. 402-403 (1995)

The Formation of the Caribbean Court of Justice: The Sunset of British Colonial Rule in the English-Speaking Caribbean. Leonard Birdson. U. Miami Inter-Am. L. Rev. 197 (2004-2005)

The Caribbean Court of Justice: The History and Analysis of the Debate. Hugh Rawlins. CARICOM Secretariat, 2000.

The Caribbean Court of Justice: Closing the Circle of Independence. D. E. Pollard. Caribbean Law Publishing Company, 2004.

Caribbean Justice for All: The Case for a Caribbean Regional Court. Hugh Rawlins et al. Faculty of Law, University of the West Indies, Barbados. 2000.

International Dispute Resolution in Latin America: An Institutional Overview. Christian Heathley. Kluwer Law International, 2007.

Alumni Research Guide: A Guide to Researching the Caribbean Court of Justice. Rhea P. Hamilton. 27 Brooklyn Journal of International Law 531, (2002).

CARICOM and the CSME
The CARICOM System: Basic Instruments. D.E. Pollard. Caribbean Law Publishing Company, 2003.

Treaty of Chaguaramas http://www.caricom.org/jsp/community/original_treaty-text.pdf

The Revised Treaty of Chaguaramas Establishing the Caribbean Community, Including the CARICOM Single Market and Economy http://www.caricom.org/jsp/community/revised_treaty-text.pdf

Regional Integration: A Case Study of the Caribbean Community (CARICOM) 5 Caribbean L. Rev. 85. (1995)

CARICOM Single Market and Economy: Genesis and Prognosis. Kenneth Hall & Myrtle Chuck-A-Sang. Ian Randle, 2007

Legal Problems of Caribbean Integration: A Study on the Legal Aspects of CARICOM. Hans J. Geiser et al. Sijthoff, 1976.

Report of the Secretary General of the Caribbean Community. CARICOM Secretariat (coverage: 1983 -)

CARICOM Perspective. CARICOM Secretariat (coverage 1980-)

CARICOMview: Newsletter of the CARICOM Secretariat. (coverage 1995-)

Caribbean Jurisprudence and Judicial Reform
Commonwealth Caribbean Law and Legal Systems. Rose-Marie Belle Antoine. Cavendish Publishers, 1999.

Judicial Reform in Latin America and the Caribbean: Proceedings of a World Bank Conference. Malcolm Rowat et al (eds.). Washington, D.C., World Bank, 1995.

Time for Action: Report of the West Indian Commission. Sir Shridath Ramphal. University of the West Indies Press, 1992.

Commonwealth Caribbean Public Law. Albert K. Fiadjoe. Routledge-Cavendish, 2007.
Judicial Reform in the Caribbean. William Charles, et al. Inter-American Development Bank, 1999.

Websites
The Caribbean Court of Justice http://www.caribbeancourtofjustice.org/
CARICOM Secretariat http://www.caricom.org/
Caribbean Development Bank http://www.caribank.org/
Jamaican Bar Association http://www.jambar.org.jm/jamaican_bar_association.htm
Organization of Eastern Caribbean States Bar Association (OECS Bar Association) http://www.oecsbar.org/

Jamaica Labour Party Urged to Support CCJ

JLP urged to back regional court

Source : Jamaica Gleaner

published: Wednesday February 13, 2008

The Editor, Sir:

I noted with more than passing interest your reference to the Prime Minister in a recent editorial as an "emerging regionalist". If, as I trust, this was intended to encourage him to give maximum support to regional cooperation, there is an immediate opportunity for him to do so.

As you rightly point out, the best hope for the Caribbean to meet the challenges of globalisation and international free trade lies in the area of regional cooperation in investment and production. This is what the journey towards the single market and economy is all about.

An integral part of this process of cooperation is the Caribbean Court of Justice, of which Jamaica is a member and the largest contributor to its costs. We are, however, unable to reap the full benefit of our membership because of a ruling of the Judicial Committee of the Privy Council nullifying legislation designed to make it our final court of appeal.

Practical effect
The practical effect of that decision is that the Caribbean Court of Justice cannot become our final appellate tribunal without the support and cooperation of both the Government and the parliamentary Opposition. As long as Mr Seaga was in charge of the Jamaica Labour Party, it did not seem likely that such cooperation would be forthcoming.

With Mr Golding's assumption of that position, however, there were signs of less resistance. At the instance of then Prime Minister Patterson and Mr Golding, a series of meetings were held between myself and Delroy Chuck, who was then the JLP spokesperson on these matters.

We arrived at a legislative and consultative procedure which satisfied the fundamental concerns of both parties, while being faithful to the ruling of the law lords in London. All that now remains is for the necessary legislation to be brought to Parliament. The general election intervened but this can now be done, if the Jamaica Labour Party finally and firmly adopts a policy of support for the court as part of the process of regional cooperation.

Desirable objective
Regional economic cooperation has always been a desirable objective. A regional appellate court, established by the region for the region, is a signal plank of that cooperation. Taking into account pressing matters relating to justice and security, such cooperation, as you have properly suggested, has now moved from the desirable to the imperative.

Mr Golding has also been exhorting others within the CARICOM family to eschew "mendicancy" and to free themselves "from the psychological shackles of slavery", in relation to the countries of CARIFORUM subscribing to the economic partnership agreement with the European Union in its present form.

It is indeed ironic that, for decades, influential voices within the region have insisted that mendicancy and mental slavery are two of the foundation stones upon which continued resistance to de-linking from the Judicial Committee of the Privy Council are erected.

The ball is, therefore, now in the Prime Minister's court to show good faith by setting the stage for Jamaicans to remove that real or perceived beam from our collective eye.

I am, etc.,
A.J. NICHOLSON
Opposition
Spokesman on Justice

Possible Case for the CCJ

Flour issue needs settled thoughts
Wednesday, January 30, 2008

Source: Antigua Sun

Trade disputes are a real and expected eventuality of most regions in the world, especially where economies thrive.

We say this against the background of the obvious disagreements within the sub-region over the steep spike in flour as imposed by the Eastern Caribbean Group of Companies (ECGC), putting a heavy strain on those companies in Antigua and Barbuda that depend on the product and an even greater strain on consumers.

The product and its derivatives do indeed fall in the category of a staple here in Antigua and Barbuda as there is a heavy dependence by consumers. Nonetheless, the entire dispute may have gone the way of unfortunate, especially the turn it has taken as reported by Trade Co-ordinator Dr. Clarence Henry in the front page of the Antigua Sun of yesterday’s issue.

Now, as Dr. Henry has explained, options are being sought since the country is no longer prepared to accept the increase in cost that the ECGC is seeking to exact from the purchasers of the product throughout the region. The matter, Dr. Henry noted, could be taken as far as the Caribbean Court of Justice for settlement under its trade dispute jurisdiction or even the recently established Caribbean Community Competition Commission.

These institutions qualify as a sort of last resort entities when round the table negotiations prove futile. Now, Antigua and Barbuda is mulling the option of seeking settlement through a Caricom mediator because of the obvious void within the organisation of the OECS to deal with these realities of today. Issue can easily be made of the possibility that this is one of the areas where our leaders and the region have fallen out of step with the times. When Antigua and Barbuda presented its proposal, Dr. Henry noted, to be allowed to import 50 per cent of the 100-pound sacks of flour from medium developed countries in the region and sources outside the Caribbean, several of the OECS territories flatly rejected this idea.

The proposal from one territory was for the government to undertake the importation of the commodity. This of course would place an additional burden on the government’s already strained coffers and of course rob private sector interests of needed business.

Article 164 of the revised Treaty of Chaguaramas, which governs Caricom, was another issue that was cited by at least one other territory. That country’s prime minister felt that the proposals by Antigua and Barbuda would serve to undermine the protection mechanism within the treaty for fledgling businesses in the region.

To his credit, Dr. Henry hit the proverbial nail on the head.

“These mills are being shielded by their governments and are attempting to hide under the cover of this OECS family,” Dr. Henry stated.

The question, is at what cost and for how long, does the region intend to stand behind these protective trade regimes in a market that is supposed to be growing and dynamic? Not saying that we ignore the treaties, laws and regulations that maintain balance and order, but at the same time consideration must be given to how policies affect the thousands of consumers whose spending allows big businesses like the ECGC to thrive.

A balance must be able to be struck and compromise must be embraced around the negotiation table. We would not want to see an important business go under, but at the same time, that same entity is in a much better position to withstand the shock of the changes on the world market than the ordinary man. We are pretty sure of this.

St. Lucia Embraces the CCJ Appellate Jurisdiction

St Lucia to join CCJ
Source: Caribbean Broadcasting Corporation

Friday, 25 January 2008

Prime Minister Stephenson King Thursday said his government is anxious to have the Caribbean Court of Justice (CCJ) established as St Lucia’s final court as he attempted to clear the air on a previous statement made about the regional court.

In a press statement King explained that a recent comment made to the media in Dominica that the Privy Council had served St. Lucia well, has been interpreted by some to mean that St. Lucia is in no hurry to join the CCJ.

Speaking to reporters during an Organisation of Eastern Caribbean States (OECS) summit last week, King said: "My government has always had the view, even when we were in opposition, that we should proceed cautiously with sub scri ption and participation in the CCJ ... It simply means that as a new government there is need for cautious acceptance of the intention of the CCJ".

However, in his statement released Thursday, King said St Lucia is anxious to have the CCJ constituted as the country’s final Court of Appeal but the constitution of St. Lucia provides for certain procedures to be followed, including parliamentary approval before this can be done.

"I wish to inform the public both here and abroad that my government has already commenced discussion on possible ways in which those constitutional requirements can be addressed so that the CCJ can become St. Lucia’s final Court of Appeal in civil and criminal matters in due course," he noted.

King said that St. Lucia is already part of the CCJ and his government has taken no decision to the contrary. "The fact is that St. Lucia has already signed on to the agreement establishing the CCJ which is based in Trinidad and Tobago.

"The CCJ functions as an international court with jurisdiction in relation to the interpretation of the treaty establishing the Caribbean Community (CARICOM) and to decide on disputes that may arise between member states of CARICOM.

"This is the original jurisdiction of the CCJ, however, the institution does not yet have the second jurisdiction that is to serve as a final Court of Appeal in respect of civil and criminal matters. This implies that criminal appeals must still be referred to the Privy Council," he noted.

King’s position, as outlined last week, had drawn condemnation from Opposition Leader Dr Kenny Anthony, whose administration was in office when the CCJ was established.

Whither the Caribbean Court of Justice?

Whither the Caribbean Court?
Published on: 1/27/08.

Source: Barbados Nation

THE CARIBBEAN COURT OF JUSTICE (CCJ) was conceived as the final appellate court for civil and criminal matters from English-speaking members of the CARICOM Community (CARICOM). In its original jurisdiction, it would be the tribunal for resolving disputes that arise from the CARICOM Single Market and Economy (CSME), as well as adjudicate in matters referred to it by national courts of the participating countries.

To date, only Guyana and Barbados have signed up on the CCJ as their final court in all matters, although leaders of almost the entire CARICOM membership gave verbal assurances of their commitment to the principle and signed on for a US$100 million trust fund, to be managed by the Caribbean Development Bank.

The signatory countries include Dominica, Antigua/Barbuda, Barbados, Trinidad and Tobago, St Kitts-Nevis, Jamaica, Grenada, St Lucia, St Vincent, and Belize.

Since the establishment of the CCJ a few influential Caribbean people in Jamaica and elsewhere have taken the position that there is nothing wrong with the system of referring cases to the Judicial Committee of the London-based British Privy Council instead of switching to the CCJ. In the context of contemporary Caribbean affairs, this is a most appalling attitude to adopt.

We exist in an increasingly globalised world and it is perceived, even by politicians, that there is need to establish a stronger Caribbean identity. Political leaders, as much as anyone else, should be conscious of the question of sovereignty, precious as this is within the context of the CCJ and the regional integration movement.

At nearly every regional conference leaders ignite a flicker of hope that pan-Caribbean unity is high among their priorities.

Unlike some of the smaller states which now give every impression of making a disgraceful about-face, Jamaica, a notable standout from the now defunct Federation, might now be tending towards closer cooperation by raising the likelihood of a referendum to determine whether it would join the CCJ.

A few days ago, St Lucia's newly appointed Prime Minister Stephenson King is reported as having suggested that he sees nothing wrong with the Privy Council. His predecessor, the late Sir John Compton, a committed regionalist, would be devastated were he still alive.

What does such an utterance do for this region? We can understand the need for amendments to some countries' constitutions to facilitate a switch from the Privy Council to the CCJ, but what we are hearing is a savage blow to those who cherish the dream of a thoroughly united Caribbean to see that others in high office are setting their faces strongly against the regional court.

A few might be happy to become pawns of bigger states. But have they no sense of shame that what they are doing is a reflection on the image of their countries? Do they have no sense of dignity?

What will be the real future of the Caribbean Single Market and Economy which the CCJ was established to serve? Are we in danger of becoming mendicant satellites of some Eastern or Western country?

At the very start of 2008, King's declaration is a crushing blow to the regional integration movement. These islands must demonstrate that they truly stand for something to which they now appear to have been giving only convenient lip service. It really is quite appalling that these statements should be made at this time.

Trinidad and Tobago had its own aberrant behaviour with Basdeo Panday supporting the court when he was Prime Minister but then strenuously opposing it when his party lost the government.

The whole scenario now presenting itself is terrible for these islands if this is the kind of stand the leaders of these less developed CARICOM countries want to take, going in a direction that makes no sense when viewed against the background of a professed commitment to regional cooperation and development.

Where are we going as a predominantly West Indian people? British citizens have recourse to the European Court of Justice even though the House of Lords is located in London? Do we realise that the Privy Council is on record as urging countries such as those in the Caribbean and elsewhere in the Commonwealth, to seek remedies in their own domestic or regional jurisdictions?

There should be a groundswell of the strongest censure by Caribbean people for paper leaders that strut and posture at every opportunity to massage their egos within the region and elsewhere.

CCJ Teleconference Sitting

CCJ in historic teleconference sitting
Monday, January 21st 2008

Source: Stabroek News

In a historic sitting last week the Caribbean Court of Justice (CCJ) held a hearing by way of teleconferencing involving Guyanese attorneys in Guyana while the Court was convened in Trinidad.

The full panel of the Caribbean Court of Justice headed by President Michael De la Bastide and including Justices Rolston Nelson, Desiree Bernard, Adrian Saunders and Jacob Wit heard arguments from Guyanese attorneys in Guyana on an application for leave to appeal as a poor person.

The case of Eileen Ross V Coreen Nelson involves a dispute over ownership of an apartment in Laing Avenue, Georgetown. Both parties were financially challenged and could not afford either travel to the Court in Trinidad or the cost of legal representation at the Court in Trinidad. The applicant Eileen Ross was represented by the firm of Fraser & Housty whose team of attorneys included Stephen Fraser, Nigel Hughes, Teni Housty and Roger Yearwood while Coreen Saunders was represented by Timothy Jonas of De Caires and Fitzpatrick.

The hearing lasted in excess of three hours. After hearing extensive and involved arguments the CCJ granted leave to appeal as a poor person to Eileen Ross. Some of the attorneys interviewed thought it was a significant development in the challenge of bringing the CCJ closer to the average litigant and a positive step in affording the financially challenged greater access to justice.

The CCJ was inaugurated on April 16, 2005.

Owen Arthur's Legacy

A sea change in the Caribbean - Arthur goes
By Christopher Ram
Sunday, January 20th 2008

Source : Stabroek News

Introduction
In a dramatic message, one of Barbados' most successful prime ministers and perhaps a driving force behind the Caribbean Single Market and Economy (CSME), was told unequivocally by voters this week - time for a change. Despite an enviable record of achievement over the last thirteen years, Prime Minister Owen Arthur's Barbados Labour Party lost overwhelmingly to the Democratic Labour Party in what Guyanese journalist Dr Rickey Singh referred to as the mother of all elections. .....

The CCJ

Perhaps the most important regional achievement of Mr Arthur, however, was to persuade his country and its legal profession to join the Caribbean Court of Justice, making it only the second country along with Guyana to make the regional court its highest court. The significance of that situation is underlined given that Barbados is perhaps the most pro-British member of Caricom and not many would have bet against cutting the ties with the Privy Council. Jamaica whose own Gleaner in 1901 (yes, 1901) had called for a regional court to replace the Privy Council, St Lucia under Dr Kenny Anthony and St Vincent under Dr Ralph Gonsalves are all yet to make that crucial commitment to the Caribbean and its jurisprudence.

See full article at: http://www.stabroeknews.com/index.pl/article_sunday_features?id=56537367