Going with CCJ, the correct move

Fri, May 18. 2012

Editor: It seems as if most Caribbean countries will soon sever ties from the British Privy Council and join the Caribbean Court of Justice (CCJ).{{more}}

The idea for the establishment of the regional court was mooted more than two decades ago.

The CCJ has two jurisdictions, the original, of which all Caricom states are members and the appellate, which requires constitutional amendments.

Jamaica’s Governor General Sir Patrick Allen has announced that his country is in the process of introducing legislation paving the way for the Caribbean Court of Justice (CCJ) to replace the London based Privy Council as the final Court.

Sir Patrick made the disclosure during his Throne Speech on Thursday and said that consultations will soon commence with the opposition Jamaica Labour Party.

The CCJ was inaugurated in April 2007, with only two countries, Guyana and Barbados, accepting the CCJ as the final appellate court, and on June 1, 2010, Belize abolished appeals to the Privy Council and declared the Port of Spain based regional court as its final appellate court.

Jamaica and Trinidad and Tobago were in the forefront in the establishment of the CCJ in the early 1990s, with their attorneys general, Oswald Harding and Selwyn Richardson moving around the region lobbying governments to join; but then there was a lull.

However, in February 2005, a move by PJ Patterson, then Prime Minister in the People’s Natonal Party (PNP) administration, for the CCJ to be the final appellate court was struck down by the Privy Council, on the ground that a simple majority by Parliament cannot amend the Constitution to remove the Privy Council as the final court. At that time the opposition Jamaica Labour Party (JLP) wanted the London based court to remain as the final appellate court, but had a change of heart when it was in Government in 2009, when Lord Nicholas, Britain’s Supreme Court President, said that “too many top Privy Council judges are bogged down with appeals from Caribbean countries”.

Former Trinidad and Tobago Prime Minister, Basdeo Panday was one of the leaders who were pushing for the CCJ, hence the reason why Port of Spain was chosen as the headquarters, but unfortunately the governments after him were not supportive of the CCJ. However, last month, Kamla Persad Bissessar, the relatively new head of government of the twin island republic, said that she will introduce legislation to ban criminal appeals to the Privy Council. She made it quite clear that the Privy Council would continue to hear civil appeals. Her announcement did not find favour with opposition leader Keith Rowley, who wants all appeals to the Privy Council to be abolished.

This in my view is the correct move, since civil appeals to the London based court are extremely costly.

St Vincent and the Grenadines also wants to remove the Privy Council, and held a referendum to do so, but the electorate voted against the move. However, in my view the measure was rejected not because the Vincentians are not in favour of the regional court, but the referendum was couched with other important changes, including the removal of the Queen as Head of State.

The Organization of Eastern Caribbean States (OECS) are considering joining the regional court in its appellate jurisdiction, but they have to take steps for constitutional change to pave the way before they can do so.

Oscar Ramjeet