PowerPoint Presentation

The Caribbean Court of Justice versus the Privy Council as the final Appellate CourtAre the CCJ and /or the public adequately prepared for this paradigm shift in our justice system?

ObjectivesTo assess the capacity and suitability of The CCJ as the final Appellate Court for Jamaica.

To highlight and analyse the arguments for and against the establishment of The CCJ.

To assess whether Jamaica is ready to replace the Privy Council with the CCJ.

Introduction to The Caribbean Court of Justice (CCJ) and The Privy Council

What is The CCJ?A regional Court within the Caribbean.

Was formally established by the Agreement Establishing The Caribbean Court of Justice signed by Caricom States on February 14, 2001.

Headquartered in Port-0f-Spain Trinidad

It is a travelling court Travels to member states to hear disputes

Began its operations on April 16, 2005

14th February 2001 The Agreement Establishing the Caribbean Court of Justice was signed by the CARICOM states of: Antigua & Barbuda; Barbados; Belize; Grenada; Guyana; Jamaica; St. Kitts & Nevis; St. Lucia; Suriname; and Trinidad & Tobago.

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What is The CCJ?

Has two functions

Original Jurisdiction adjudicates or hear disputes on matters concerning the CSME and RTC

Appellate Jurisdiction - Final Court of Appeal for CARICOM member states who have adopted it as such

Caricom Countries that have adopted the CCJBelizeGuyanaBarbadosRecently Dominica5

What is The Privy Council?The final appellate court for UK overseas territories as well some former Colonies of England

Has been around for centuries

The current Constitution of the Privy Council is governed by The Judicial Committee Act of 1833

Its judges also include members of the Supreme Court of England and Wales

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What is The Privy Council?

Currently hear Appeals from 27 Countries

Countries that have abolished appeals to the Privy CouncilSouth AfricaNigeriaCanadaAustraliaNew ZealandGuyanaBarbadosBelizeDominica

The Capacity and Suitability of the CCJ to become Jamaicas final Appellate Court

Key Considerations include

The Competence and Efficiency of the Court

Access to Justice

The Ability of The Court to be fair and impartial

The Competence and efficiency of The CCJFactors Affecting this include:Qualifications and experience of the Judges

The ability of the Court to deal with its growing membership in relation to member states adopting it as their final court of Appeal

The ability of the Court to provide well-reasoned judgments in a timely manner

All of the present and past Judges of the CCJ are highly qualified. The Current President of The CCJ Sir Dennis Byron is a graduate of the eminent Cambridge University. Sir Dennis also has significant judicial experience, having served as the Chief justice of The Eastern Caribbean Supreme Court.The Past President of the CCJ Mr. Justice Michael De La Bastide is a graduate of Oxford University.According to the Court Report of 2011-2013, A Legal Unit was developed by the CCJ to provide assistance to The President and the other Judges in producing well reasoned judgments.The case of Shanique Myrie v The State of Barbados Demonstrates that the CCJ has the capacity of to hear matters within its purview.Majority of the Judges from the CCJ are from various member states within CARICOM. This will provide a balanced approach to Caribbean Commonwealth Jurisprudence.The case involving Shanique Myrie was completed in under 2 years.The judgments posted on The CCJ web10

CCJ and access justice

Cost of a trial

Physical Access to the Court

The ability to retain counsel locally

Elizabeth Ross v Coreen Sinclair (2008) CCJ Appeal No. CV 13 of 2007 CCJ Appeal No. CV 13 of 2007Case demonstrates ease of access to the court

The cost to litigants will be less than the PCThe court is closer to homeShanique Myrie case demonstrated that access is not an impedimentNB According to the Gleaner Easton Grant a Jamaican Teacher was denied a visa to go England to appear before the PCNo need to employ costly Solicitors and BarristersIn Elizabeth Ross v Coreen Sinclair. http://jamaica-gleaner.com/gleaner/20040206/lead/lead5.htmlThe parties in the matter were able to give evidence via video conference without having to travel to TrinidadCourt made no order as to costs as the parties involved were unable to afford legal representation

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The ability for the Court to be fair and impartialThe CCJ Judges are from CARICOM member states, The UK and The Netherlands

Judicial Code of Conduct adopted on July 25, 2013

The capacity biased will therefore be lessened

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Arguments for the CCJDevelopment of Commonwealth Caribbean Jurisprudence

Greater access to justice

Cost effective

CCJ Judges more familiar with the social and cultural context in which member states operate

Lord Hoffman indicated that he supports the CCJ as Uk Judges are far removed from the social contest in which the Caribbean operates

The PC may impart their values e.g against Death Penalty Trimmingham v The Queen The worse of the worse13

Arguments against the CCJThe potential for Political interference

Lack of Experience

Perceived inferiority of Caribbean Judges to UK Judges

The Judicial Code provides that Judges are not be a member of a Political Party or attend political party meetings

Queen's Counsel, Walter Scott (Sunday Gleaner, September 23, 2012), indicate that within a 10-year period - 2001-2011 - more than 61 per cent of the judgments of the Court of Appeal were affirmed

The Judges of The CCJ are as equally qualified as Judges of The Privy CouncilA Jamaican Justice has sat

Caribbean Judges namely Retired CJ Edward Zacca and Retired Eastern Supreme Court Chief Justice Vincent Floissac http://jamaica-gleaner.com/gleaner/20040206/lead/lead5.html

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Is Jamaica ready to replace the Privy Council with the CCJ?The CCJ is competent

The CCJ has the resources

Public Education neededSome Jamaicans compare the CCJ to CARICOM

Referendum may be requiredPersons may however vote along party lines and not issues

Persons may vote along party lines15