caribbean court of justice

The single market replacing the original Common Market aspect of the group. 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. [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. [26], Uniquely among integrative courts, the CCJ is funded through an independent Caribbean Court of Justice Trust Fund. The RJLSC does not consider potential judges by recommendations from contracting member states, but by a prospective judge's individual application. The Caribbean Court of Justice (CCJ) was established in 2001 in Port of Spain, Trinidad and Tobago. The CCJ is the final Court of Appeal on civil and criminal matters for four CARICOM Members States, namely Barbados, Belize, Dominica and Guyana. This may involve purchasing plane tickets and/or finding and hiring lawyers licensed in the UK. [56], In May 2015, the Jamaican House of Representatives approved, with the necessary two-thirds majority, three bills that would end legal appeals to the Judicial Committee of the Privy Council and make the Caribbean Court of Justice as Jamaica's final Court of Appeal. [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. The Jamaica Labour Party opposed granting CCJ full powers on the basis that it was a hanging court. Tel: 1-868-623-2CCJ (2225) Fax: 1-868-627-1193. [53] The Privy Council sided with the appellants, including the Jamaican Council for Human Rights, the Jamaica Labour Party and others, ruling that to establish the CCJ as the country's final appeal court, without it being entrenched in the constitution would undermine the protection given to the Jamaican people by Chapter Seven of the Jamaican constitution. 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. 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. 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. For the superior court of record for OECS member states, see, Revised Treaty of Chaguaramas and Agreement establishing the CCJ, Jurisdictional competition with the Privy Council, Support from the British legal establishment for the CCJ over the JCPC for the Caribbean, Regional Judicial and Legal Services Commission, Protection from political pressure and influence, Comparison with the Judicial Committee of the Privy Council, Cost comparisons for litigants and states, Caribbean Community Administrative Tribunal, Substitution of a right of appeal to the Court in place of the previous right of appeal to the JCPC, Right of registered or incorporated companies to approach the Court directly, The power to correct any injustice caused by the Court itself, Voting rights, procedures and required majorities in Ministerial Councils of CARICOM, Lawfulness of opt-outs and non-reciprocity in regards to the benefits of Community decisions, Observer Publications Limited -v- Campbell 'Mickey' Matthew, The Commissioner of Police and The Attorney General [2001] UKPC 11, Agreement establishing the Caribbean Court of Justice, Council for Foreign and Community Relations, Council for Trade and Economic Development, Caribbean Free Trade Association (CARIFTA), Anglophone continental and insular Caribbean states, President of the Supreme Court of the United Kingdom, Organization of the Commonwealth Caribbean Bar Association, Organization of Eastern Caribbean States Bar Association, Deutsche Gesellschaft für Internationale Zusammenarbeit, United Nations Convention against Corruption, Jamaican and Guyanese citizens are required to obtain visas before travelling to the UK, Belize Constitution (Seventh Amendment) Bill, Council for Trade and Economic Development (COTED), Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba, List of Judicial Committee of the Privy Council cases, "BBCCaribbean.com – BBC Caribbean News in Brief", "Dominica's Parliament Approves Bill to Make CCJ Final Court of Appeal", "Dominica's CCJ Accession Ceremony Today", Speech by justice Michael de la Bastide, president of the CCJ, at the inauguration of the Court, "The Caribbean Court of Justice » The CCJ: from concept to reality", The Caribbean Court of Justice: Who Stands to Gain? [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. All other member states have British-based legal systems with the CCJ itself being predominantly modeled after the British system. The CCJs seat is in Port of Spain, Trinidad and Tobago. From Mapcarta, the free map. [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. The possible combinations of judges available means that different decisions can be rendered for very similar fact patterns in cases. [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. The Trust Fund was developed to ensure the financial independence of the Court from political interference. [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. 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 … [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. [20], Some of the highest costs for litigants however arise when litigation of the case actually begins. 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). The wide body of law between these categories, has often been left mainly to small domestic courts in the Caribbean. The CCJ is the final Court of Appeal on civil and criminal matters for four CARICOM Members States, namely Barbados, Belize, Dominica and Guyana. 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. Jamaica: Minister and businessmen call for resumption of hanging, United States involvement in regime change in Latin America, Amazon Cooperation Treaty Organization (ACTO), Bolivarian Alliance for the Americas (ALBA), Central American Integration System (SICA), Community of Latin American and Caribbean States (CELAC), Forum for the Progress and Development of South America (PROSUR), Latin American Integration Association (ALADI), Organisation of Eastern Caribbean States (OECS), Organization of Ibero-American States (OEI), United Nations Economic Commission for Latin America and the Caribbean (ECLAC, CEPAL), Central America-4 Border Control Agreement, Initiative for the Integration of the Regional Infrastructure of South America (IIRSA), Dominican Republic–Central America Free Trade Agreement (CAFTA-DR), United States–Mexico–Canada Agreement (USMCA), https://en.wikipedia.org/w/index.php?title=Caribbean_Court_of_Justice&oldid=1001985465, 2001 establishments in Trinidad and Tobago, Articles with dead external links from November 2012, Articles with dead external links from September 2018, Articles with permanently dead external links, Articles containing potentially dated statements from March 2015, All articles containing potentially dated statements, Articles with unsourced statements from March 2017, All articles with specifically marked weasel-worded phrases, Articles with specifically marked weasel-worded phrases from March 2017, Wikipedia articles needing clarification from July 2015, Wikipedia articles with WORLDCATID identifiers, Creative Commons Attribution-ShareAlike License, Appointed by the Regional Judicial and Legal Services Commission from among applicants. [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. When travelling to another country in its jurisdiction the costs are paid for by the CCJ itself including airfare, accommodations and any other expenses. It has unlimited jurisdiction in each member State. The JCPC functions as a final appellate court in very restricted manner. 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. [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. This led to mutual recriminations, with PM Said Musa accusing the UDP of being anti-Caribbean, while the UDP complained of the PUP's attempts to tie the CCJ Bill to the Coast Guard Bill, which the UDP supported. 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". Read More 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 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. CCJ serves as the final court of appeal for CARICOM members and also handles regional trade disputes. 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. [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. [46] While Guyana originally abolished appeals to the JCPC in 1970, since adopting the CCJ, appeals to that Court have been exponentially increasing.[20]. 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. 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. [28][45] Under the common law, the right of appeal does not exist for all cases and instead must be specially conferred. 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. 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. [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. 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. [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. [49] After the passage of the bill, PM Barrow signed the order in May 2010 to abolish appeals to the Privy Council beginning on 1 June that year.[50]. [7], Lord Brougham's sentiments were echoed nearly 200 years later in 2003 by Lord Hoffman, a Law Lord from 1995 to 2009, when he noted that although the Privy Council had done its best to serve the Caribbean and had effected improvements in the administration of justice, the remoteness of the court from the community served as a handicap. [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. 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. That is a slap in the face to our independence! CARICOM Single Market and Economy - Wikipedia Antigua is also a member of the Caribbean Court of Justice, although it has not yet acceded to Part III of the 2001 Agreement Establishing a Caribbean Court of Justice. Nathan White joined Alexander Ricks as a Counsel in 2019. By contrast, under the JCPC, civil appeals have never outnumbered criminal appeals. 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. Gifford noted that the CCJ would be more accessible, affordable and provide a better quality of justice for Jamaicans and other former British colonies in the Caribbean than the Privy Council. In a sense the Court is the lynchpin as it acts as the guardian of the RTC and has exclusive jurisdiction to determine disputes arising from its operation. 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]. It is headquartered in Port of Spain, Trinidad and Tobago. Tyrone has 1 job listed on their profile. [3], In July 2015, the St. Lucian government announced that intended to soon table legislation that would replace the Privy Council with the CCJ. [19], Thus it would seems that for at least some of members of the JCPC, geographical and psychological distance (often raised as necessary for greater objectivity and impartiality) does not seem to be an issue and what is more important is the need for the Caribbean (and other Commonwealth countries) to take care of its own affairs. 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. 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. 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 Caribbean Court of Justice is the judicial institution of the Caribbean Community (CARICOM). Visitors may partake in guided tours of individuals and groups of 20 or less facilitated by the Court. [22][23][24] This is in keeping with the practice of the ECJ and EFTA Court as international courts. [43] Thus far the CCJ has sat on cases in Barbados, Belize, Guyana, Jamaica and in its seat of Trinidad and Tobago. How the Caribbean Court of Justice benefits the Caribbean. [21] During the evolutionary phase of the Court (that is until the full complement of 9 Judges plus the President have been appointed), the RJLSC may extend the tenure of a Judge until the age of 75. 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 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. by Justice Duke Pollard, 2008, Promoting the CCJ as the final court of appeal for states of the Caribbean Community by Michael Anthony Lilla, Mike Melia, "Spurning Europe, Caribbean pushes death penalty", Mike Melia (Associated Press), "Spurning Europe, Caribbean pushes death penalty", Letter: Colonial power over death penalty, "BBCCaribbean.com – Privy Council's complaint", "Lord Gifford urges quick referendum on CCJ", The Caribbean Court of Justice: A Horizontally and Vertically Comparative Study of the Caribbean’s First Independent and Interdependent Court by Andrew N. Maharajh, Agreement Establishing the Caribbean Court of Justice, "The Caribbean Court of Justice » Rules of the Court", The Caribbean Court of Justice (Original Jurisdiction) Rules, 2006, "Caribbean court of justice: a model for international courts? Caribbean Court of Justice (CCJ) The Caribbean Court of Justice (CCJ) critically determines how the CARICOM Single Market and Economy (CSME) functions. 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. [4], Further to the perceived need for an indigenous, regional court as a tribunal of last resort in civil and criminal cases, other factors eventually led to the strong support for the creation of a judicial arm of the CARICOM. He noted that such appeals occupied 25% of the Privy Council's time and he felt it was time for the Privy Council to be relieved of the Caribbean cases in order for the region to accede to full legal independence. 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 … [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 (CCJ) was established in 2001 in Port of Spain, Trinidad and Tobago. [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. The CCJ has exclusive and compulsory authority in interpreting and applying the Revised Treaty of Chaguaramas. [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. 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. Read More The Caribbean Court of Justice (CCJ) is the Highest regional Court established by the Agreement Establishing in the Caribbean Court of Justice. 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. The CCJ Trust Fund cannot solicit or accept any extra donations unless all the member states agree to do so. Box 1768 Port of Spain Republic of Trinidad and Tobago. The Caribbean Court of Justice (CCJ) was established in 2005. 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. Many in the Caribbean have embraced the idea that a Caribbean Court of Appeal would enrich regional jurisprudence and is conceivably less expensive to access than the London-based UK Privy Council. In a sense the Court is the lynchpin as it acts as the guardian of the RTC and has exclusive jurisdiction to determine disputes arising from its operation. For . [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. [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. The Caribbean Court of Justice (CCJ) is the Caribbean regional judicial tribunal serving countries of CARICOM. As a unique feature of international and integration courts. [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. According to Douglas Mendes: You cannotcall yourselves independent if you go to a foreign court as yo… Harry & Bryant Funeral Home in Myers Park was founded more than 130 years ago. Even appointment to the RJLSC itself is done by relatively independent jurists, including the deans of the law school at the. [20][36] Given the generally low number of appeals coming from the smaller CARICOM states[7] and sometimes from larger CARICOM states such as Jamaica,[37] in effect the local courts of appeal are the courts of last resort for the majority of CARICOM litigants who cannot afford to take their appeals to the JCPC and must therefore be satisfied with the judgments of the local courts of appeal. 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. 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. [26], The Commission itself has a number of responsibilities that help to ensure the independence and proper functioning of the CCJ. It is in the aspect of the CCJ and JCPC itinerancy that the costs to states (and further differences between the CCJ and JCPC) becomes apparent. In Caribbean Community …CARICOM had officially inaugurated the Caribbean Court of Justice (CCJ), which replaced the Judicial Committee of the Privy Council in London. The court concluded that the procedure appropriate for an amendment of an entrenched provision – a referendum – should have been followed. 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. [67] Dominica acceded to the CCJ in its appellate jurisdiction on 6 March 2015. [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. No other judgments or opinions are permitted to be given or delivered. The referendum was held on 24 November that same year, with the amendment voted down, with 56.73% against. [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. 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. Henry Street P. O United Kingdom ( UK ) to pursue their cases before JCPC... Caricom countries are taking steps toward making the CCJ, twelve appeals were heard from Barbados close to those browne-wilkinson! British Overseas would be better utilized to improve the local courts contracting.... Submitted to the region by providing stability through the uniform interpretation and of! Justice 134 Henry Street P. O Community ( CARICOM ) education programme in haiti, targeted Judiciary. 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