Nathan White joined Alexander Ricks as a Counsel in 2019. The Eastern Caribbean Supreme Court is a court for the OECS, including 6 independent states and 3 British Overseas. The agreement was signed on that date by the CARICOM states of: Antigua and Barbuda; Barbados; Belize; Grenada; Guyana; Jamaica; Saint Kitts and Nevis; Saint Lucia; Suriname; and Trinidad and Tobago. Caribbean Court of Justice 134 Henry Street P. O. He expressed concern that the new Supreme Court's judges would end up spending as much as 40% of their working time on Privy Council business and was intending to take some pressure off of the Supreme Court judges by drafting in lower tier judges from the Court of Appeal to sit on cases from Commonwealth countries. The birth of the CCJ came after a long and arduous period of planning. President: 7 years or until age 72, extendable to age 75 until 9 judges (excluding the president) are appointed, whichever is earlier. [67] Dominica acceded to the CCJ in its appellate jurisdiction on 6 March 2015. [31][41] Such sufficient work might involve hearing cases from other neighbouring or nearby territories or countries[31] in which case litigants from the other territories would have to incur the cost of travel and litigation to the country actually hosting the JCPC. [20], Although limited to only four states in its appellate jurisdiction at the moment, so far citizens of those states have been accessing the Court more than they did the JCPC. Caribbean Court of Justice: A model for international courts? A lawyer by … [66], On 29 January 2015, it was announced that Dominica would become the fourth CARICOM member state to accede to both the original and appellate jurisdictions of the CCJ by early February 2015. The Caribbean Court of Justice in its continued Public Education Programme, on the 22-23 May, 2003 launched its public education programme in Haiti. [55] In February, the foreign affairs minister of Jamaica has also called on Trinidad & Tobago to sign on to the court's appellate jurisdiction to mark that country's 50th anniversary of independence. On that basis the government plans to proceed with accession to the CCJ's appellate jurisdiction and it has formally written to the British government advising them that the government of St. Lucia wishes to delink from the Privy Council pursuant to the requirements of that section of the Constitution. The CCJ's initial funding was not derived directly from a single member state (and thus risking the possibility of the CCJ being beholden to that member state) but was provided by all contracting states, who were required to submit payment without any influence on how the CCJ Trust Fund utilizes the funds. [7], As a result, the JCPC has only really been accessible to either the very wealthy from the Caribbean or to certain inmates on death row who are able to secure pro bono legal service from British barristers. [33] Regardless of whether or not a visa is required, all litigants would also have to pay for accommodation and any other necessary expenses in the UK for the duration of the litigation. The CCJ has exclusive and compulsory authority in interpreting and applying the Revised Treaty of Chaguaramas. In January 2012, the new People's National Party government of Jamaica stated that it would be moving to have the CCJ serving in both the original and appellate jurisdictions for Jamaica in time for the 50th anniversary of Jamaica's independence in August. Utilizing the Bangalore Principles of Judicial Conduct and the United Nations Convention against Corruption as a basis for the review, the GIZ endorsed many aspects of the CCJ's structure including the transparency and accessibility of its hearings and judgments; its use of a Code of Judicial Conduct and the high levels of adherence to this Code; the overall design of the Court itself and the RJLSC; and the recruitment and selection process for judges as handled by the RJLSC. He said the opposition People's National Movement was fully supportive of adopting the CCJ as a final appeals court on all matters, both civil and criminal. Although it is not established to operate as an itinerant court,[40] the JCPC has maintained that it is willing to consider sitting outside the UK, but only where it receives an official invitation to do so from the chief judge and the government of the country or territory concerned, and where the full costs of the JCPC (that is airfare, travel, accommodations and other relevant costs) are covered by the hosts, and where there is sufficient work to justify such a visit. Matthew Gayle, "Caribbean Court of Justice or the Judicial Committee of the Privy Council? From Mapcarta, the free map. The single market replacing the original Common Market aspect of the group. In 2011, Bahamian Chief Justice Sir Michael Barnett said The Bahamas should eventually abandon the Privy Council as the final court of appeal and move toward the Caribbean Court of Justice (CCJ). [7], In 1990, Lord Wilberforce (Senior Law Lord from 1975 to 1982) and later in 1992 leading barrister Lord Gifford QC both called on the Commonwealth Caribbean to establish its own regional and final court of appeal. The reasons given for the establishment of a supreme appellate court are many and varied, including a perceived regional disenfranchisement from the British Judicial Committee of the Privy Council. Tel: 1-868-623-2CCJ (2225) Fax: 1-868-627-1193. The court concluded that the procedure appropriate for an amendment of an entrenched provision – a referendum – should have been followed. For the JCPC, five judges normally sit on appeals from Commonwealth countries, while three to five judges normally sit on the CCJ for cases, although at times all the eligible judges have sat for a case. The referendum was held on 24 November that same year, with the amendment voted down, with 56.73% against. [20] Additionally, the JCPC does have jurisdictional limitations unrelated to the cost of appeal. [54] The Jamaica Labour Party, now in opposition, stated it has no issue with the government's plan and seems set to support the move despite strident objections in the past. The Court attracts investment to the region by providing stability through the uniform interpretation and application of the law. The founding document of the CARICOM, the Treaty of Chaguaramas, was signed by the so-called "Big Four" states: Barbados, Jamaica, Guyana and Trinidad and Tobago, all of which had gained their political independence from the UK during the 1960s. [21][28], In 1999, Trinidad and Tobago signed an Agreement with the Caribbean Community establishing the seat of the CCJ and the offices of the RJLSC in that country. [25], The Regional Judicial and Legal Services Commission (the RJLSC or the commission) was established pursuant to Article V(1) of the Agreement Establishing the Caribbean Court of Justice. For instance the cost of filing an appeal with the JCPC is more than five times greater than filing an appeal with the CCJ. Caribbean Court of Justice is situated in East Dry River. For Barbados there were eight appeals heard by the JCPC in the five years immediately prior to Barbados' accession to the appellate jurisdiction of the CCJ. [84], This article is about the judicial institution of the Caribbean Community. Under the guidance of the local Ministries of Health and National… [citation needed] Several politicians[who?] Holness's government has promised to hold a referendum on the question. This follows a review of the situation conducted by the government after a commitment given at the last Caricom heads of government conference in Suriname in July 2011. [20], By contrast, judgments or advisory opinions under the original jurisdiction of the Court are published in a single judgment of the court once the majority of judges have reached a conclusion after final deliberation. The possible combinations of judges available means that different decisions can be rendered for very similar fact patterns in cases. For . Belizean legislation to recognize the CCJ was tied up for some years in partisan politics. Box 1768, Port of Spain Republic of Trinidad and Tobago The Caribbean Court of JustICE is the Court of JustICE meant for the jurisdiction of Caribbean Community. As a unique feature of international and integration courts. This signing was the starter's signal for a more mature, though at times slow and halting, process of regional integration among the states of the Commonwealth Caribbean. These are the types of questions that need to be discussed by an indigenous tribunal..."[7][20], As comparable appellate courts, the CCJ and JCPC as outlined above have similar procedures, but there are major differences in both the time and money that would need to be spent by individual litigants and states in pursuing cases to either court.[20]. The Caribbean Court of Justice: Closing the Circle of Independence is a welcomed and much-needed contribution to the ongoing debate and a valuable starting. The CCJs seat is in Port of Spain, Trinidad and Tobago. [38] By contrast, the CCJ, in most cases, is a much less expensive option for litigants[20] in all comparative costs (filing, airfare, accommodations, other expenses, etc.). [7], The CCJ is intended to be a hybrid institution: a municipal court of last resort and an international court vested with original, compulsory and exclusive jurisdiction in respect of the interpretation and application of the Revised Treaty of Chaguaramas. Roget V. Bryan, "Towards The Development of a Caribbean Jurisprudence: The Case for Establishing a Caribbean Court of Appeal", This page was last edited on 22 January 2021, at 07:38. Many Caribbean islands are no longer British colonies, but it is strange that they still feel comfortable being dependant on an institution of the same colony from which they became independent, to administer final steps of justice. By Jeffrey H. Foreman Op-Ed Contributor. [6] As Duke Pollard, then director of the Caricom Legislative Drafting Facility, wrote in 2000: "the old Treaty of Chaguaramas provided for arbitration in the event of disputes concerning the interpretation and application of the Treaty. In his own view a local final court would be necessary and beneficial to transform society in partnership with the other two branches of government. The official inauguration was held in Queen's Hall, Port of Spain, Trinidad and Tobago, on Saturday 16 April 2005. [59], In late 2009, controversy arose over the fact that the CEO[clarification needed] of a company involved in CCJ litigation was also the chairman of the Court's trust fund. [20] No Caribbean judges, however, have sat on the JCPC since 2009 when the JCPC was co-located with the new UK Supreme Court. Caribbean Court of Justice (CCJ) The Caribbean Court of Justice (CCJ) critically determines how the CARICOM Single Market and Economy (CSME) functions. [22], Although there is no ratio or quota for judges based on sex or nationality, most CCJ judges previously sat at a national level or previously taught law for 15 years or more. [21], The President may only serve for one, non-renewable 7-year term or until the age of 72 (whichever is earlier)[20][21] but is allowed to continue in office, if necessary for a further three months in order to deliver a judgment or to do any other thing in proceedings that he or she has heard. It has two jurisdictions: An original jurisdiction and an appellate jurisdiction. How the Caribbean Court of Justice benefits the Caribbean. As far back as 1828, the man responsible for remodelling the Judicial Committee of the Privy Council, Lord Brougham, had raised the issue of removing colonies from the Privy Council's jurisdiction. [7], In September 2009, Lord Phillips of Worth Matravers expressed sentiments close to those of Browne-Wilkinson a decade earlier. It is expected that the two Caribbean states that will have the most difficulty accessing the court will be Suriname which has a Dutch-based legal system, and Haiti which has a French-based legal system. [20] This is especially true for cases where litigants may be unable to afford the cost of appearing before the seat of the Court and electronic and teleconferencing facilities are inadequate for the task. It was established with US$100 million from initial contributions of the member states by way of loans from the Caribbean Development Bank. Tours usually last 45 minutes, and include welcome messages, walk throughs the building, courtroom demonstrations, and opportunities to meet the judges and staff of the court. [20] The CCJ has an e-filing system (which has been hailed as "impressive")[20] that makes provision for all court filing to be carried out electronically specifically in order to reduce to the cost to litigants of filing documents with the court and to keep its commitment of access to justice for all. [26], The Commission itself has a number of responsibilities that help to ensure the independence and proper functioning of the CCJ. Belize saw appeals roughly twice per year to the JCPC before switching to the CCJ in 2010[20] and subsequently saw 12 appeals in the four years since the first appeal to the CCJ from Belize in mid 2011. It is headquartered in Port of Spain, Trinidad and Tobago. Caribbean Court of Justice would be better utilized to improve the local courts. The CCJ is the final Court of Appeal on civil and criminal matters for four CARICOM Members States, namely Barbados, Belize, Dominica and Guyana. "voice of the court" as the ECJ and the CCJ's original opinions do,[20][22] and the practice is in keeping with the normal procedures of municipal courts. This is done consequently as appeals "as of right" and "as of leave" (where leave is required by the local Court of Appeal or the JCPC itself). The Bahamas and Haiti, though full members of the CARICOM, are not yet signatories, and because of Montserrat's status as a British territory, they must await Instruments of Entrustment from the UK in order to ratify. [20], A major difference though is in the pool of eligible justices from which the deciding panel is called. [20], Once a judge is appointed, they are allowed to hold office until the age of 72,[20] but are allowed to continue in office, if necessary for a further three months in order to deliver a judgment or to do any other thing in proceedings that he or she has heard. [20], Both the CCJ and JCPC have a president of the Court and have a smaller panel of judges being called up for any one particular case from a larger pool of eligible judges. [20][34] All of this adds up as a very expensive appeals process; one estimate placed the average total cost between US$57,000[20][35] and US$87,500. Harry & Bryant Funeral Home in Myers Park was founded more than 130 years ago. The hosting state is expected to provide a location for the Court to sit (as with the JCPC) and to provide ground transportation and security for the Court (as with the JCPC). [80], The Court's four-storey building on at Henry Street[81] was originally intended as a temporary home for the Court[81] and Regional Judicial Legal Services Commission (RJLSC)[82] when the Court and RJLSC were moved there in 2006. On 1 August 1973, the successor to the CARIFTA, the Caribbean Community, better known by its acronym, CARICOM, came into being. The CCJ was established in 2001 and is based in Trinidad and Tobago. [20][21] Thus the appellate jurisdiction of the Court, in particular, could be available to a non-CARICOM Caribbean state or to CARICOM's associate member states. Where there is no difference in seniority among the Judges, one of the Judges will simply be selected by the Heads of Government to perform the role of President in the event of a vacancy in Presidency or the inability of the President to perform the functions of office. [21][28] This itinerant ability, coupled with the Court's use of electronic and teleconferencing facilities, makes travel to the seat of the Court unnecessary in some cases. I think that as a part of our constitutional development it’s almost inevitable that we move away from the Privy Council like lots of other countries, including Australia and New Zealand". [17][18], In October 2009, Lord Gifford at a reception in Kingston, Jamaica, again expressed support for the replacement of the Privy Council by the CCJ. The candidates must have practiced or taught law, or been a judge, in at least one of the following:[21], The RJLSC does not and is not allowed to consider potential judges by recommendations from contracting member states, but only by a prospective judge's individual application. This may involve purchasing plane tickets and/or finding and hiring lawyers licensed in the UK. That is a slap in the face to our independence! The Caribbean Court of Justice (CCJ) was established in 2005. [21], The President serves also as Chairman of the RJLSC and in the Court will preside over hearings and deliberations; direct the Court to sit in such number of divisions as he or she chooses; appoint one or more judges to determine interlocutory matters; and (in consultation with the five other Judges selected by him for the purpose) establish rules for the exercise of the original jurisdiction of the Court and rules for regulating the practice and procedure in the exercise of the appellate jurisdiction of the Court. By: Isabel C. Dávila, "The Caribbean Court of Justice » Appellate Jurisdiction Judgments", "Belize Constitution Seventh Amendment Bill Tabled", "Belize Senate approves Caribbean Court of Justice", "Good Bye: Belize abolishes all appeals to Privy Council", Conrad Hamilton, "JLP ready to support Portia's CCJ bid – Opposition firm on Caribbean Court over Privy Council", Daraine Luton, "Joining CCJ should mark Jamaica, T&T's 50th, says Nicholson", "House of Representatives Votes For Jamaica To Leave The Privy Council for the CCJ", "Bills to replace Privy Council with CCJ tabled in Senate". Judges of the Court (including the president) may only be removed (by the RJLSC in the case of other judges or heads of government in the case of the president) by an affirmation of a tribunal specifically established for this purpose. Caribbean Court of Justice is situated in East Dry River. In 1999, then Senior Law Lord Lord Browne-Wilkinson described as burdensome the number of appeals in capital matters coming from the Caribbean to the Privy Council. The Court attracts investment to the region by providing stability through the uniform interpretation and application of the law. [20][21] The President may be removed by the Contracting Parties only on recommendation of the RJLSC and then only after the question of the removal of the President has been referred by the RJLSC to a tribunal and the tribunal has subsequently advised that the President should be removed for an inability to carry out the duties of President or for misbehaviour. Established in 2001, it is based in Port of Spain, Trinidad and Tobago. [26], Uniquely among integrative courts, the CCJ is funded through an independent Caribbean Court of Justice Trust Fund. [citation needed], Paradoxally, even as some within the Caribbean oppose switching from the Privy Council to the CCJ over fears of lessened impartiality by CCJ judges not as far removed from the region as the Privy Council judges, senior British legal figures (often members of the JCPC itself) have expressed support for a regional court for the Caribbean. While the CCJ has jurisdiction in all member states of the Agreement Establishing The Caribbean Court of Justice, the Agreement itself provides for the CCJ's jurisdiction to also be available to any other state within the Caribbean that CARICOM should choose invite to become a party to the Agreement. In its original jurisdiction, the CCJ is a court of first instance which applies rules of international law in respect of the interpretation and application of the Revised Treaty of Chaguaramas … [77] This followed from the decision of the Contracting Parties for Trinidad and Tobago to serve as the headquarters[77] of the court in the 1990s and the promotion by Basdeo Panday (then Prime Minister of Trinidad and Tobago) of the CCJ and his desire to seek agreement with the Opposition to give effect to the Agreement establishing the CCJ and for Trinidad and Tobago to effectively act as the base for the Court. Tyrone has 1 job listed on their profile. Until age 72, extendable to age 75 until 9 judges (excluding the president) are appointed. [20] And by virtue of distance, travel to the seat of the CCJ in Trinidad, is much cheaper than travel to the UK. The Caribbean Court of Justice, which has jurisdiction over the countries in the Caribbean Community, held that the laws were discriminatory and therefore unenforceable. The reform was debated by the Jamaican Senate, however, the government needed the support of at least one opposition senator for the measures to be approved by the required two-thirds majority. Any decision regarding the Fund requires consensus or, failing that, a two-thirds majority. This original jurisdiction of the Court provides fertile ground for the resolution of corporate trade "I have my own views and I think it’s almost a natural progression of our constitutional development that we move away from the Privy Council and I think the Caribbean Court of Justice is likely to be the alternative to the Privy Council. [63] It has been observed however that there is a precedent for the partial abolition of appeals to the Privy Council with Canada ending criminal appeals to the court in 1933 and civil appeals in 1949.[64]. [20] Additionally, Jamaican and Guyanese citizens are required to obtain visas before travelling to the UK, and for these citizens the cost of a UK visa would range from £85 to £737 (or US$131 to US$1,138) depending on the type of visitor visa applied for. [25] Persons being appointed to the office of Judge (including the President) are supposed to have high moral character, intellectual and analytical ability, integrity, demonstrate sound judgment, and an understanding of people and society. The Caribbean Court of Justice (CCJ) critically determines how the CARICOM Single Market and Economy (CSME) functions. – Columns", "Caribbean Court of Justice Electronic Filing – The Supreme Court of Jamaica", Privy Council Letters Support Government’s CCJ Position, "Jamaica to hear evidence arising out of the original jurisdiction matter Shanique Myrie v the State of Barbados", "Caribbean Court of Justice begins first itinerant session in Belize", "Replacing the Privy Council with the Caribbean Court of Justice in the OECS Countries." "It's a regional court but it's also part of our development as a nation that we look to our own court for the resolution of disputes.". [79], Located at 134 Henry Street, Port of Spain[80] the CCJ's building is open to the public from 8 am to 4 pm weekdays but closed on weekends. Originally an Anglophone club, the admission of Dutch-speaking Suriname in 1995, and Créole-speaking Haiti (where French is the official language) in 2002 has somewhat modified the cultural and jurisprudential mix of the community. In Caribbean Community …CARICOM had officially inaugurated the Caribbean Court of Justice (CCJ), which replaced the Judicial Committee of the Privy Council in London. Visitors may partake in guided tours of individuals and groups of 20 or less facilitated by the Court. In the exercise of its appellate jurisdiction, the CCJ hears appeals from common law courts within the jurisdictions of parties to the Agreement Establishing the CCJ, and is the highest municipal court in the region.[7]. Barbados recognizes the court for original and final jurisdictions. This may actually aid in providing transparency to the regional court operating in an environment where many of its citizens are distrustful of their local judiciaries. The CCJ Trust Fund is administered by a Board of Trustees drawn from various regional bodies including the following persons or their nominees: the secretary-general of the Caribbean Community; the vice-chancellor of the University of the West Indies; the president of the Insurance Association of the Caribbean; the chairman of the Association of Indigenous Banks of the Caribbean; the president of the Caribbean Institute of Chartered Accountants; the president of the Organisation of Commonwealth Caribbean Bar Associations; the chairman of the Conference of Heads of the Judiciary of Member States of the Caribbean Community; the president of the Caribbean Association of Industry and Commerce; and the president of the Caribbean Congress of Labour. The bills would have established the CCJ as the final court of appeal in Jamaica. [28], In 2005, a broadly identical Agreement was signed between Trinidad and Tobago and the newly established CCJ and RJLSC establishing the seat of the CCJ and Offices of the RJLSC in Trinidad and Tobago[78] as was required under Article III of the Agreement establishing the CCJ itself. [20], The CCJ's structure and appellate jurisdiction, however, address this issue by providing a forum for the creation of jurisprudence in the gap in Caribbean law where the JCPC was never able to rule upon while also ruling on the area of law the JCPC specializes in. In its original jurisdiction, the CCJ is an international court with compulsory and exclusive jurisdiction in respect of interpretation and application of the revised Treaty of … The Caribbean Court of Justice The Caribbean Court of Justice continues to play its part in the operationalization of the CSME. The JCPC functions as a final appellate court in very restricted manner. The Caribbean Court of Justice ("the CCJ"regime established by the Revised Treaty operates, initially, at the international plane and creates rights and obligations for the sovereign states of Caricom only as subjects of international law. It is responsible for recommending the candidate to be the next President of the Court; for considering and appointing potential judges for the Court; for appointing the registrar, deputy registrars and other officials and employees as necessary and determining their terms of service and terminating their appointments; for exercising disciplinary control over the judges and starting the process for removing judges based on inability to perform or misbehaviour. [20], Appellate decisions of the court are delivered with signed majority opinions, concurrences and dissenting opinions, as well as a record of which judges voted for the ruling and which voted against it. In 1972 consideration was being given by the OCCBA for the proposed Caribbean Court of Appeal to serve as both a municipal court of last resort and an international tribunal to adjudicate disputes between CARICOM member states. Also, section 12 of the Eastern Caribbean Supreme Court (Saint Vincent and the Grenadines) Act 33 provides for judges of the High Court to exercise in court all or any of the jurisdiction vested in the High Court in accordance with the practice and procedure in the High Court of Justice in England for the time being in force. Prior to that both the Court and the RJLSC operated from another temporary location, the Unit Trust Corporation Financial Centre (UTC), 82 Independence Square, Port of Spain (with the RJLSC beginning operations there from 1 February 2005 and the Court following its inauguration in April 2005). The CCJ has two jurisdictions, an original jurisdiction and an appellate jurisdiction. 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