[20] In fact physical travel to the seat of the CCJ itself in some cases is not necessary as the court itself (like the JCPC) is itinerant and (unlike the JCPC), the CCJ makes extensive use of electronic and teleconferencing facilities to reduce the cost to litigants. [46] While Guyana originally abolished appeals to the JCPC in 1970, since adopting the CCJ, appeals to that Court have been exponentially increasing.[20]. Justice Mario Michel, Her Ladyship, the Hon. The course was funded under the OECS - ACP TradeCom II Programme and ran from January 10-14, 2022. Box 1093CastriesSaint LuciaT: +1 758 457 3600E: offices@eccourts.org. [68], Antigua and Barbuda began taking positive steps towards adopting the CCJ as its final appellate court when it launched a public education campaign on the CCJ in March 2016. Form 9 - Ancilliary Claim Form 224.52 KB. [21], Under the Agreement establishing the court, at least three judges of the full complement of ten are required to possess expertise in international law including international trade law[21] and one judge is also required to be from the civil law tradition similar to such jurisdictions as Haiti and Suriname. [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 Black Swan injunction, named after the landmark decision, broke new ground by ruling that claimants could seek freestanding freezing injunctions in the BVI in support of foreign proceedings, without the need to bring a substantive claim in the BVI and has since been a key . 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. [6][20][34] This combination of lower litigant cost for the CCJ, the Court's willingness to grant in forma pauperis and having a wider field of law to hear appeals on has enabled the CCJ to hear types of cases from the region that the JCPC has never known. The Eastern Caribbean Supreme Court In the High Court of Justice Commonwealth of Dominica on Friday put a stay on the repatriation of India-born fugitive Mehul Choksi from Dominica. Tel: 1-868-623-2CCJ (2225) Fax: 1-868-627-1193. Although this question had become largely academic at the date of the hearing due to a change in circumstances, the Court heard the appeal as it was a matter of public importance under our system of law. "I have my own views and I think its 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. Early life. The Caribbean Court of Justice is intended to be such an authoritative institution."[7]. She has. [79], Located at 134 Henry Street, Port of Spain[80] the CCJ's building is open to the public from 8am to 4pm weekdays but closed on weekends. [Ag. 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. [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. The Caribbean Court of Justice (CCJ; Dutch: Caribisch Hof van Justitie; French: Cour Caribenne de Justice[1]) is the judicial institution of the Caribbean Community (CARICOM). [21] Removal of a Judge by the RJLSC occurs only after the question of the removal of a Judge has been referred by the RJLSC to a tribunal and the tribunal has subsequently advised that the Judge should be removed for misbehaviour or an inability to carry out the duties of a Judge. By contrast, under the JCPC, civil appeals have never outnumbered criminal appeals. The Eastern Caribbean Supreme Court therefore prides itself on the reputation of the Commercial Division. [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. In the aftermath of the collapse of the Federation of the West Indies (and with it the Federal Supreme Court), which had lasted a mere four years, from 1958 to 1962, the Anglophone continental and insular Caribbean states formed the CARIFTA (the Caribbean Free Trade Association), with a view to maintaining an economic link among the various former and continuing colonies of the United Kingdom after the collapse of the political bond. The Court of Appeal of Eastern Caribbean States is the standarized name of one of the International Courts and Tribunals (see the entries in this legal Encyclopedia about court rules and procedural law for more information on some aspects of the Court of Appeal of Eastern Caribbean States in international law). Other agencies. The Caribbean Court of Justice (CCJ) settles disputes between Caribbean Community ( CARICOM) Member States, and also serves as the highest court of appeals on civil and criminal matters for the national courts of Barbados, Belize and Guyana. Caribbean Court of Justice | 7,540 followers on LinkedIn. [31], As a result of the JCPC's employment of a large pool of jurists but usage of only a fraction of them, the JCPC has been criticized for the fact that decisions for any one case often depends on the judges called. Visitors may partake in guided tours of individuals and groups of 20 or less facilitated by the Court. No other judgments or opinions are permitted to be given or delivered. Justice Gertel Thom, His Lordship, the Hon. Thus different decisions have been more likely to be rendered for similar fact patterns, creating inconsistencies in how laws are interpreted across the region. . BVIHCV 2017/0030Jack, J. Box 1093CastriesSaint LuciaT: +1 758 457 3600E: offices@eccourts.org. Read More Ms. Janice Stoutt Janice A. Stoutt, of Ballast Bay, Tortola, was called to the Bar of the Eastern Caribbean Supreme Court, Virgin Islands Jurisdiction in 2011. [43] Thus far the CCJ has sat on cases in Barbados, Belize, Guyana, Jamaica and in its seat of Trinidad and Tobago. [76], Article III of the Agreement establishing the CCJ provides that The Seat of the Court shall be in the territory of a Contracting Party as determined by a qualified majority of the Contracting Parties. The Queen v. Vernon Anthony Paddy The Eastern Caribbean Supreme Court in the High Court of Justice (Criminal Division) (2011) Some proponents in The Bahamas wishing to sever links with the Privy Council are in favour of joining the CCJ, perhaps by having a dual final court of appeal system in the country with the Privy Council for civil and commercial matters and the CCJ for criminal matters. The High Court hears criminal and civil matters and makes determinations on the interpretation of the Constitution. Her Ladyship, the Hon. "Caribbean integration Centrifugal force", "Opposition leader blasts Trinidad and Tobago's illegal and half-way move to join CCJ", Dana Seetahal, "CCJ partial adoption as final court? Although most appeals are heard when the court is sitting within the . [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. Justice Gerard Farara, KC; His Lordship, the Hon. In a letter to His Excellency the Governor Adrian Davis, the Honourable Justice Janice Mesadis Pereira stated that on Tuesday, 16 October, she received notification from the Crown Office of the Ministry of Justice in England about confirmation of her appointment to be . Appeals from both the Supreme Court and Magistrate's Court are heard by the Court of Appeal of the Eastern Caribbean Supreme Court. The Caribbean Court of Justice (CCJ) is the Caribbean regional judicial tribunal established on 14 February 2001, by the Agreement Establishing the Caribbean Court of Justice. Eastern Caribbean Civil Aviation Authority; Projects Passport All Rights Reserved, Chief Justice, Eastern Caribbean Supreme Court, His Lordship, the Hon. In 2001, the Conference of Heads of Government of the Caribbean Community, at their 22nd meeting in Nassau, the Bahamas, signed the Revised Treaty of Chaguaramas (RTC), rebranding the Caribbean Community and Common Market to include the proposed CARICOM Single Market and Economy (CSME). Form 8 - Request for Entry of Judgment on Admissions 346.33 KB. [34] As the CARICOM has successfully pushed for visa free access by CARICOM nationals (except Haitians for now) to other member states, no citizen of any country that currently has the JCPC as its final court would need to apply for and exhaust financial resources obtaining a visa to travel to the seat of the CCJ or to any other state where the CCJ may sit. [22][23][24] This is in keeping with the practice of the ECJ and EFTA Court as international courts. For instance the cost of filing an appeal with the JCPC is more than five times greater than filing an appeal with the CCJ. The Eastern Caribbean Supreme Court Act establishes: High Court of Justice - the court of first instance and has original jurisdiction over matters in contravention of the SVG Constitution and appellate jurisdiction from the lower magisterial courts. While member states do vote in the selection of the president of the Court, political distance is maintained since it is the RJLSC alone which is responsible for selecting the nominees to the post of president for the member states to vote upon. By contrast, as expressly provided for in the Agreement establishing the CCJ,[42] the CCJ is willing to sit in any country within its jurisdiction on a case-by-case basis, if doing so is necessary for evidence to be given in person and where video- or teleconferencing technology proves insufficient for the task and where the litigant may not be able to afford to appear before the seat of the court and thus be unable to adequately present his or her own case. Further noting that St. Lucia's Attorney General had received an advisory opinion from the Court of Appeal to a possible erroneous section that the provision in question had referred to; the Court of Appeal agreed by a 21 majority that there was indeed an error in the Constitution. [26], The Commission itself has a number of responsibilities that help to ensure the independence and proper functioning of the CCJ. By. [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. The Caribbean Court of Justice has two jurisdictions: an original jurisdiction and an appellate jurisdiction: National referendums undertaken in Antigua & Barbuda (2018), and Grenada (2018) resulted in the majorities of those nations rejecting the switch of final court of appeals from the Judicial Committee of the British Privy Council to the CCJ. [9][10][11][12], Controversy surrounding the establishment of this court corresponds to two major events that made the Privy Council unpopular in the Caribbean region. The Caribbean Court of Justice (CCJ; Dutch: Caribisch Hof van Justitie; French: Cour Caribenne de Justice) is the judicial institution of the Caribbean Community (CARICOM). He is. 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]. 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. Dame Janice (left) receives a copy of the publication from by Madam Louise Esther Blenman (OECS . Vannina Ettori, "A Comparative Analysis of the Canadian and Caribbean Progressions Toward Judicial Independence: Perspectives on the Caribbean Court of Justice", 2002. The Regional Judicial and Legal Services Commission ("the Commission") was established pursuant to Article V (1) of the Agreement Establishing the Caribbean Court of Justice ("the Agreement") executed by the Heads of Government of the Caribbean Community on the 14th day of February 2001. Although both courts do allow appeals in forma pauperis, waiving filing fees when they are deemed too burdensome on the individual litigant,[6] the JCPC does so on a more limited basis. Justice Gerard Farara, KC, His Lordship, the Hon. [20] And by virtue of distance, travel to the seat of the CCJ in Trinidad, is much cheaper than travel to the UK. In the event that the President is unable to perform the duties of office (or if there is a vacancy in the office of President), the most senior Judge shall perform the role of President and shall be appointed to perform that role by the Chairman of the Conference of Heads of Government of CARICOM until the President can resume those functions or, in the case of a vacancy in the Presidency, until someone has been appointed to and assumes the functions of the office. The first case heard by the CCJ was in August 2005[8] and was to settle a "decade-long" libel court case from Barbados. 2nd Floor Heraldine Rock BuildingWaterfrontP.O. - Advertisement - The Government of Saint Lucia has begun the transition from utilizing the Privy Council to employing the Caribbean Court of Justice (CCJ) as the country's final court of appeal. The achievement of professionalism and excellence in the timely, effective and efficient access to, and administration of a cohesive, independent and accountable system of justice for the benefit of its Member States. 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 Eastern Caribbean Supreme Court (ECSC) was established in 1967 by the West Indies Associated States Supreme Court Order No. Attorney General, Hon. Justice Marissa Robertson. In the exercise of this original jurisdiction, the CCJ discharges the functions of an international tribunal, applying rules of international law in respect of the interpretation and application of the treaty. [48] This time the PUP blocked passage of the constitutional amendment until the dual citizenship provision was removed; after this was done, the bill passed in February 2010. Republic of Trinidad and Tobago, Tel: 1-868-623-2CCJ (2225) The Caribbean Court of Justice (CCJ) was established in 2003, but constitutional changes need to be put in place before the CCJ becomes the final Court of Appeal. [75][74], The Caribbean Court of justice currently consists of 7 Judges (including the President), though under the Agreement establishing the court there can be a maximum of 10 Judges including the President. 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).
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