Mr. Thomas W. R. Astaphan, KC, Ms. Heather Felix-Evans, Ms. Tanaania Small Davis, KC and Ms. Ingrid Mangatal-Munroe actas High Court Judge, Eastern Caribbean Supreme Court, Hon. The Agreement Establishing the Caribbean Court of Justice came into force on 23 July 2003, and the CCJ was inaugurated on 16 April 2005 in Port of Spain, Trinidad & Tobago, the seat of the Court. [20] In 2015, the new filing fees for the JCPC were noted as ranging from between 400 to a 5,000 or roughly US$600 to US$7,500 while the comparable fees for the CCJ remained at US$60[32] thus making the cost of filing an appeal with the JCPC at least ten times greater than filing an appeal with the CCJ. The Caribbean Court of Justice has two jurisdictions: an original jurisdiction and an appellate jurisdiction: Phillips, the last Senior Law Lord and first President of the Supreme Court of the United Kingdom, said he would search for ways to curb the "disproportionate" time that he and his fellow senior justices spent on hearing legal appeals from independent Commonwealth countries to the Privy Council. a state which has executed the agreement establishing the CCJ), a state exercising civil law jurisprudence common to Contracting Parties. Justice Gerard Farara, KC, His Lordship, the Hon. 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. Mr. Justice Hugh Rawlins to Mark the Opening of T Justice Ermin Moise. - 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. 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 . [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. The Queen v. Vernon Anthony Paddy The Eastern Caribbean Supreme Court in the High Court of Justice (Criminal Division) (2011) OA 002 of 2012 between Shanique Myrie Claimant and Barbados Defendant[2012] CCJ 3 (OJ) JUDGMENT, THE COURT,composed of D Byron, President, A Saunders, J Wit Judges, Share on Facebook 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. 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 Eastern Caribbean Supreme Court is a superior court of record for the Organisation of Eastern Caribbean States, including six independent states: Antigua and Barbuda, the Commonwealth of Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines and three British Overseas Territories. She has. The Court of Appeal judges are based at the Court's Headquarters in Castries, Saint Lucia where . [20], As a municipal court of last resort, it exercises an appellate jurisdiction, as a final court of appeal for CARICOM member states, replacing the Judicial Committee of the Privy Council (JCPC) for Anglophone member states. General information: info@ccj.org Website feedback: feedback@ccj.org . Justice Mario Michel, Her Ladyship, the Hon. Submit your email address and name to subscribe for email notifcations. Original jurisdiction judgments and advisory opinions are delivered as a single judgment with no dissenting or separate concurring opinions or judgments allowed and record of the way judges voted in a majority ruling. In March 2018, she was called to the Bench as an Honorary Bencher of the Honourable Society of the Middle Temple. [51][52] In February 2005, the Privy Council declared that the CCJ-related companion bills passed by the Jamaican Parliament in 2004 were unconstitutional and therefore void. ANUHCV2017/0557 & ANUHCV2021/0327Byer, J.Delivered: 02/11/2022, Claim No. Unlike some international courts (but similar to others such as the ECJ and EFTA Court), cases between member states, between CARICOM nationals, or between nationals and the state are all justiciable under the CCJ. Justice Ann-Marie Smith. 22 of 2015, Non Contentious Probate Rules and Administration of Estates, Legal Profession Disciplinary Procedure Rules (St. Lucia), ECSC E-Litigation Portal User Information, Electronic Litigation Filing and Service Procedure Rules, Press Release CAJO 7th Biennial Conference, JLSC Appointments Hon. 2. Visitors may partake in guided tours of individuals and groups of 20 or less facilitated by the Court. The CCJ Trust Fund is itself administered by a Board of Trustees drawn from regional entities, many of which are independent of the influence of the governments of member states and represent both private and public interests. [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. Box 1768 Port of Spain Republic of Trinidad and Tobago. As a result of the CCJ's planned self-sufficiency in terms of funding, when the Court sits in another country in its jurisdiction, it pays the cost for travelling, accommodation and other expenses and only requires the host state to provide a location for the Court to sit and to provide security and ground transportation to and from the venue of the sitting. All other member states have British-based legal systems with the CCJ itself being predominantly modeled after the British system. Under the revised Treaty of Chaguaramas, and typical of similar international integrationist movements, the CARICOM has restructured itself to include such elements as are characteristic of the modern democratic state, viz., executive (CARICOM Heads of Government and the Community Council), legislative (Assembly of Caribbean Community Parliamentarians established before the revised treaty and now moribund) and judicial (CCJ) arms. 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. Saint Lucia will become the fifth country to make the move after Dominica. [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. Two of these instruments were expected to be submitted to the Parliament for review and voting in late March 2016. [20][22] As a result, CCJ appellate opinions do not shield judges behind a singular and collective As a unique feature of international and integration courts. His Lordship, the Hon. He also added that in an ideal world former Commonwealth countries would stop utilising the Privy Council and instead set up their own final courts of appeal. The first ever Family Division of the Eastern Caribbean Supreme Court was opened on Thursday, 14 July 2022 within the High Court of Antigua and Barbuda. [7] In contrast to many general international tribunals or courts, the original jurisdiction of the CCJ is compulsory, requiring no pre-existing agreement. The High Court Judges are each assigned to, and reside in, the various Member States. Thus different decisions have been more likely to be rendered for similar fact patterns, creating inconsistencies in how laws are interpreted across the region. The Eastern Caribbean Court of Appealshall have as part of the Treaty Jurisdiction of the Organisation the jurisdiction to review or hear appeals from any internal body established to consider matters of dispute internal to any Organ of the Organisation. 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. Madam Louise Esther Blenman is a former Appellate Judge of the Eastern Caribbean Supreme Court and the current Chief Justice of Belize. In 2007, the People's United Party (PUP)-led government introduced the Caribbean Court of Justice Bill, but due to the opposition of United Democratic Party (UDP) members, it did not achieve the required three-fourths majority. 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. Leslie Mondesir said Saint Lucia's Accession to [] [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. [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]. At least one member of the panel is required to be an expert in international law and one judge is also required to be from the civil law tradition, reflecting the presence of civil law jurisdictions such as Suriname and Haiti. [71], On 20 June 2016, the Parliament of Grenada passed legislation that would allow Grenada to accede to the CCJ's appellate jurisdiction. This Act may be cited as the Caribbean Court of Justice Act. Justice Trevor Ward, KC, Court-Connected Mediation Practice Direction Forms, Civil Procedure Rules 2000 [Amendments to Nov 2015], ECSC Civil Procedure (Amendment) (No.2) Rules, Civil Procedure Rules 2000 [Amendments to May 2014], Criminal Procedure Rules SI No. "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. Prime Minister Anthony anticipated opposition and possible legal challenges to this move, and stated his government had no problems with that, even suggesting it would be interesting to see what pronouncement the Privy Council would make on the non-binding advisory opinion of the Court of Appeal. a Contracting Party (i.e. [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. 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. 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). The Eastern Caribbean Supreme Court (ECSC) was established in 1967 by the West Indies Associated States Supreme Court Order No. 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. 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. [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. [67] Dominica acceded to the CCJ in its appellate jurisdiction on 6 March 2015. 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. 18 July 2022. Read More The High Court hears criminal and civil matters and makes determinations on the interpretation of the Constitution. [45] This is as a result of the JCPC not being designed to function as a second tier Court of Appeal to review the evidence of a given case. Gifford also said that his arguments in support of the CCJ were strictly practical and not based on the Privy Council's composition or being a "colonial relic". 08 June 2020. The Eastern Caribbean Supreme Court is composed of the Chief Justice, who is the Head of the Judiciary, six (6) Justices of Appeal, High Court Judges; and High Court Masters, who are primarily responsible for procedural and interlocutory matters. CASTRIES, ST. Lucia - The Chief Justice of the Eastern Caribbean Supreme Court, e Dame Janice M. Pereira, has been recognized by the Caribbean Court of Justice (CCJ) Academy for Law as a pioneering Caribbean woman jurist. 2022 Eastern Caribbean Supreme Court. Dame Janice Mesadis Pereira (ne George), DBE is the Chief Justice of the Eastern Caribbean Supreme Court. The Court of Appeal is itinerant, traveling to each Member State and Territory, where it sits at various specified dates during the year to hear appeals from the decisions of the High Court and Magistrates Courts in Member States in both civil and criminal matters. [20] And by virtue of distance, travel to the seat of the CCJ in Trinidad, is much cheaper than travel to the UK. Port of Spain The book details the significant achievements of Dame Janice and other honourees. [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. 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. Dame Janice M. Pereira, DBE, LLD was sworn in as the first female Chief Justice of the Eastern Caribbean Supreme Court on 24th October, 2012. Before Grenada could accede however the bill needed to be approved by a simple majority in Senate and then be approved by a 2/3 majority referendum. 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). He is. Any decision regarding the Fund requires consensus or, failing that, a two-thirds majority. Again in Jamaica, in April 1970, at the Sixth Commonwealth Caribbean Heads of Government,[4] the Jamaican delegation tabled a proposal on setting up a regional Court of Appeal[5] and the heads further agreed to take action on relinquishing the Privy Council as the Anglophone Caribbean's final appeal court and mandated a committee of CARICOM attorneys-general to further explore the question of the establishment of what was then being called a "Caribbean Court of Appeal". Chief Justice, Eastern Caribbean Supreme Court. In fact, the Privy Council has often been willing to accept findings by Caribbean courts on local matters because they recognize that such courts are more familiar with Caribbean matters. Form 7 - Request for Default Judgment 294.53 KB. 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. Established in 2005, it is based in Port of Spain, Trinidad and Tobago.. 223 of 1967. 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. No other judgments or opinions are permitted to be given or delivered. [7], In September 2009, Lord Phillips of Worth Matravers expressed sentiments close to those of Browne-Wilkinson a decade earlier. [Ag. The award of Honorary Doctorate of Laws was bestowed upon Dame Janice by the University of the West Indies in October, 2018. Caribbean Court of Justice 134 Henry Street P. O. The Court of Appeal rotates through the Caribbean member states, and usually sits in the British Virgin Islands twice a year. The Court of Appeal hears appeals from all subordinate courts (High Courts, Magistrates Courts and the Industrial Court in Antigua and Barbuda). [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. Justice Mario Michel, Her Ladyship, the Hon. ], His Lordship, the Hon. In 2012, following the 54th meeting of the OECS Authority, it was agreed that although all OECS members are committed to acceding to the CCJ's appellate jurisdiction as soon as possible the differing constitutional provisions of each member state meant that simultaneous accession was no longer the preferred option. Dame Janice M. Pereira,DBEChief Justice, Eastern Caribbean Supreme Court. While the administrative tribunal is constituted as a separate entity with a separate Statute, the administrative tribunal is co-located on the same premises as the CCJ,[73][74] the RJLSC does play a similar role in constituting the tribunal[74] as it does for the CCJ and in exceptional cases, judgements from the administrative tribunal can be appealed to a Review Committee composed of 5 CCJ Judges. (2) This Act shall come into force on a day appointed by the Minister by Notice published in the official Gazette. [21], While having a seat in Trinidad, the Court is also given the authority (under the same Article III of the Agreement establishing the CCJ) to sit, as circumstances warrant, in the territory of any other Contracting Party. The appellant therefore could not rely on the Code of Ethics to decline his appointment. its reserve of powers as a superior court that is essential to the administration of justice and the maintenance of the rule of law and the Constitution. [21] The RJLSC appoints persons to be Judges (or recommends persons to be President of the Court) from candidates who have distinguished themselves in their careers either practicing or teaching law for at least fifteen years or being Judges of a court of unlimited jurisdiction in civil and criminal cases for at least five years. Tel: 1-868-623-2CCJ (2225) [60], In April 2012, the prime minister of Trinidad and Tobago Kamla Persad-Bissessar announced in Parliament that it intended to abolish criminal appeals to the Privy Council in favour of the CCJ and would be tabling legislation to that effect. Share by Email. In its original jurisdiction, the CCJ interprets and applies the, In its appellate jurisdiction, the CCJ hears appeals as the, One reason was the refusal of the Privy Council to allow. It was the appellants contention that such an appointment offended his right under the Code of Ethics to refuse or withdraw from employment. [20] In the case of those nationals, such as Jamaicans, who also require visas in order to travel to the UK to pursue cases before the JCPC, there is the risk that the denial of the visa could negatively impact on the ability for their cases to be heard, thus further reducing potential accessibility (especially if the work load is not sufficient to justify the JCPC travelling to their jurisdiction instead). Caribbean Court of Justice: A model for international courts? Member states cannot substitute any nominee and must await a fresh selection by the RJLSC in the event that they fail to approve an appointment for president. Filing in the Registries commences the proceedings in matters before the High Court in each of the nine territories and the Court of Appeal. Individual litigants are expected to almost always face reductions in the costs associated with pursuing their cases whenever a switch to the CCJ is made. As a result, all judges of the CCJ (unlike judges in the ECJ or the defunct SADC Tribunal) are free to make decisions without having to consider judicial term renewal. [76], The President of the CCJ is appointed or removed by the qualified super majority vote of three-quarters of the Contracting Parties on the recommendation of the RJLSC. 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). 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). Submit your email address and name to subscribe for email notifcations. It was established with US$100 million from initial contributions of the member states by way of loans from the Caribbean Development Bank. [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. In the three years following the CCJ's inauguration, civil appeals petitioned to the court outnumbered criminal appeals by nearly seven to one, with half of the civil appeals coming from appellants the CCJ deemed too poor to pay for the filing costs. Justice Gerard Farara, KC; His Lordship, the Hon. The CCJ Trust Fund cannot solicit or accept any extra donations unless all the member states agree to do so. also lamented that the Caribbean nations are the only remaining region of the former British Empire still to rely on the British court system for appeals. For the JCPC, the filing of an application for permission to appeal along with the actual notice of appeal would have cost 220, or roughly US$350 in 2013, while the CCJ requires no payment for filing an application for permission to appeal and the cost for filing a notice of appeal was US$60. [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.). It is a court of unlimited jurisdiction in the British Virgin Islands. The CCJ's seat is in Port of Spain, Trinidad and Tobago. Republic of Trinidad and Tobago, Tel: 1-868-623-2CCJ (2225) Caribbean Court of Justice (CJ) The Fulfilment of "Real" Independence: Isaac Hyatali, Former Chief Justice of Trinidad and Tobago sums up this point by stating, "It is a compromise of sovereignty to leave that decision to a court, which is part of the former colonial hierarchy, a court in the appointment of whose members we have no say". Holness's government has promised to hold a referendum on the question. [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. . Box 1768 Port of Spain Republic of Trinidad and Tobago. The Court also observed that the product of our adversarial system of justice is that court orders are almost invariably made against the will of persons, save for consent orders. Justice Paul Anthony Webster [Ag. ], His Lordship, the Hon. 18 July 2022 First Eastern Caribbean Family Court set up in Antigua UNICEF supports establishment of court Report. Justice Davidson Kelvin Baptiste, His Lordship, the Hon. 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. The Conference attracted over 120 . . [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. David Dorsett v Attorney General was an appeal by David Dorsett, an attorney at law, who called upon the Court of Appeal to answer the question of whether an attorney can be appointed amicus curiae against his will. In March 1970, the Organisation of Commonwealth Caribbean Bar Associations (OCCBA) first raised the issue of the need to replace the Judicial Committee of the Privy Council as the court of last resort for the Commonwealth Caribbean by a regional court of appeal. The single market replacing the original Common Market aspect of the group. Form 9 - Ancilliary Claim Form 224.52 KB. . (1) This Act may be cited as the Eastern Caribbean Supreme Court (Judicial Officers' Pensions) Act, 2019. 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The Caribbean Court of Justice is intended to be such an authoritative institution."[7]. 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. Browne-Wilkinson also advocated for the establishment of a regional Caribbean court of last resort. 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. 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. [3], In July 2015, the St. Lucian government announced that intended to soon table legislation that would replace the Privy Council with the CCJ. For the JCPC has no explicit limit on the number of eligible jurists, while for the CCJ the initial limit is nine judges other than the president (though this limit may be increased by the agreement of all the member states). Gifford expressed support for Phillips' earlier comments, and hoped that they would serve to stir Jamaica and other Caribbean states to leave the Privy Council and join the CCJ. This was the RJLSC's second temporary home as it had previously operated from 63 Tragarete Road, Port of Spain in facilities rented and furnished by the Trinidad and Tobago government.
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