Dame Janice Mesadis Pereira (ne George), DBE is the Chief Justice of the Eastern Caribbean Supreme Court. Chief Justice of the Eastern Caribbean Supreme Court Recognised as a President: 7 years or until age 72, extendable to age 75 until 9 judges (excluding the president) are appointed, whichever is earlier. Established in 2005, it is based in Port of Spain, Trinidad and Tobago. BVIHCV 2021/0328Jack, J. 4. Vannina Ettori, "A Comparative Analysis of the Canadian and Caribbean Progressions Toward Judicial Independence: Perspectives on the Caribbean Court of Justice", 2002. Caribbean Court of Justice Latest Breaking News, Pictures, Videos, and Special Reports from The Economic Times. Caribbean Court of Justice: A model for international courts? 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. ], His Lordship, the Hon. [20] As one Caribbean lawyer lobbyist[20] (initially an opponent of the CCJ) noted: "What is the "reasonable man" test in the Caribbean? [20], Some of the highest costs for litigants however arise when litigation of the case actually begins. 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. 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. This was announced by Dominica's Prime Minister, Roosevelt Skerrit and follows on the formal approval received in 2014 from the British government that was required in order for Dominica to delink from the Privy Council. 18, establishes the Supreme Court of Judicature which consists of the High Court and the Eastern Caribbean Court of Appeal. Justice Gerard Farara, KC, His Lordship, the Hon. Click a flag to find out about our contracting parties, Caribbean Court of Justice Thus different decisions have been more likely to be rendered for similar fact patterns, creating inconsistencies in how laws are interpreted across the region. Our Eastern Caribbean Supreme Court - Underwood Talent Development Services In the five years that followed immediate after the switch to the CCJ, twelve appeals were heard from Barbados. The Court attracts investment to the region by providing stability through the uniform interpretation and application of the law. [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. 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. [20] Additionally, the JCPC does have jurisdictional limitations unrelated to the cost of appeal. Address by the Chief Justice of the Eastern Caribbean Supreme Court the 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 Justice Ann-Marie Smith. Attorney General, Hon. Form 5 - Defence and Counterclaim 294.45 KB. [29][30], Initially being created as a replacement for the Privy Council or JCPC, and later being tasked with the original jurisdiction over the interpretation of the Revised Treaty of Chaguaramas, the CCJ replicates certain aspects of the British justice system while being divergent in other ways. The appellant therefore could not rely on the Code of Ethics to decline his appointment. Tag Archive for "Eastern Caribbean Supreme COurt" | IMPACT Justice Project Share by Email. Submit your email address and name to subscribe for email notifcations. CARIBBEAN COURT OF JUSTICE - The Economic Times [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. The official inauguration was held in Queen's Hall, Port of Spain, Trinidad and Tobago, on Saturday 16 April 2005. [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. Court of Appeal. Master Tamara Gill, Ms. Sonya Young and Mrs. Cybelle Cenac-Dantes, Notice Of Commencement of Proceedings on Electronic Litigation Portal Magistrates Court (BVI), Vacancy Notice Communications Specialist, OECS, The Landings Proprietors Unit Plan No. 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). 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. 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. Dame Janice M. Pereira, DBE, LLD was sworn in as the first female Chief Justice of the Eastern Caribbean Supreme Court on 24 th October, 2012. The book details the significant achievements of Dame Janice and other honourees. Tribute to the Late Dr Joseph Samuel Nathaniel Archibald, QC the Right Honourable Sir Dennis Byron, President of the Caribbean Court of Justice; Newton Spence and Peter Hughes V the Queen; Address by the Chief Justice of the Eastern Caribbean Supreme Court the Hon. Justice Gerard Farara, KC; His Lordship, the Hon. Justice Paul Anthony Webster [Ag. Court Forms - Eastern Caribbean Supreme Court [citation needed], Paradoxally, even as some within the Caribbean oppose switching from the Privy Council to the CCJ over fears of lessened impartiality by CCJ judges not as far removed from the region as the Privy Council judges, senior British legal figures (often members of the JCPC itself) have expressed support for a regional court for the Caribbean. 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 JCPC functions as a final appellate court in very restricted manner. She became the first female Chief Justice and the first person from the British Virgin Islands to become Chief Justice in 2012.. All rights reserved. [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. 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. The award of Honorary Doctorate of Laws was bestowed upon Dame Janice by the University of the West Indies in October, 2018. Prime Minister Dr. Kenny Anthony noted that St. Lucia had a provision in its Constitution which was identical to a provision in the Constitution of Dominica which allowed that country to recently join the CCJ. Justice Adrian Saunders, His Lordship, the Hon. 2.(1) In this Act, unless the context otherwise requires, "Agreement" means the Agreement Establishing the Caribbean Court of Justice, signed at Bridgetown, Barbados, on the 14th day of February, 2001, the text of which is set out in the First Schedule; Form 7 - Request for Default Judgment 294.53 KB. "Whether we do that now is a matter for political debate and a matter that [the government] will have to discuss and consider", Sir Michael told the Nassau Guardian following the opening ceremony of the Caribbean Association of Judicial Officers Conference. Eastern Caribbean Supreme Court | LinkedIn [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. [20][34] All of this adds up as a very expensive appeals process; one estimate placed the average total cost between US$57,000[20][35] and US$87,500. Form 9 - Ancilliary Claim Form 224.52 KB. CCJ Launches Referral Manual for Regional Judiciaries, CCJ Statement on Premature Unauthorised Public Disclosure of Result of a Judgment, Caribbean Judicial Officers Host Successful 7th Biennial Conference, CCJ says Court of Appeal of Guyana has no Jurisdiction in Election Petition Matter, CCJ Dismisses the Appeal of the Hinds Brothers, Notice by the Registrar of filing of Original Application DMOJ2022/001, Original Jurisdiction CCJ Application No. On 1 August 1973, the successor to the CARIFTA, the Caribbean Community, better known by its acronym, CARICOM, came into being. [Ag. [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. All Rights Reserved, Chief Justice, Eastern Caribbean Supreme Court, His Lordship, the Hon. 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 . [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. She has. Janice Pereira - Wikipedia Organisation of Eastern Caribbean States - Wikipedia ], His Lordship, the Hon. Justice Mario Michel, Her Ladyship, the Hon. Mr. Justice Hugh Rawlins to Mark the Opening of T 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). . It was the appellants contention that such an appointment offended his right under the Code of Ethics to refuse or withdraw from employment. [39] The CCJ also utilizes the system to conduct hearings electronically, making use of teleconferencing equipment installed in all contracting states.[20][34]. 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. GDAHCV2016/0125Glasgow, J.Delivered: 11/10/2022, Claim No. 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. This may involve purchasing plane tickets and/or finding and hiring lawyers licensed in the UK. a Contracting Party (i.e. CMC. [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. 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. [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. Justice Mario Michel; Her Ladyship, the Hon. He expressed concern that the new Supreme Court's judges would end up spending as much as 40% of their working time on Privy Council business and was intending to take some pressure off of the Supreme Court judges by drafting in lower tier judges from the Court of Appeal to sit on cases from Commonwealth countries. 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. [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. [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. Eastern Caribbean Supreme Court - Wikipedia [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. [28], In 2005, a broadly identical Agreement was signed between Trinidad and Tobago and the newly established CCJ and RJLSC establishing the seat of the CCJ and Offices of the RJLSC in Trinidad and Tobago[78] as was required under Article III of the Agreement establishing the CCJ itself. High Court Judges of the Eastern Caribbean Supreme Court Anguilla . 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. 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. The Eastern Caribbean Supreme Court is a court for the OECS, including 6 independent states and 3 British Overseas. Justice Gertel Thom, His Lordship, the Hon. [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. No other judgments or opinions are permitted to be given or delivered. The Court of Appeal judges are based at the Courts Headquarters in Castries, Saint Lucia where administrative and legal support is provided under the supervision of the Court Administrator and Chief Registrar respectively. Caribbean Judicial Officers Host Successful 7th Biennial Conference [7], In 1990, Lord Wilberforce (Senior Law Lord from 1975 to 1982) and later in 1992 leading barrister Lord Gifford QC both called on the Commonwealth Caribbean to establish its own regional and final court of appeal. (2) This Act shall come into force on a day appointed by the Minister by Notice published in the official Gazette. [44], Due to the differences in costs, the JCPC has only been truly practically accessible to certain death row inmates or very wealthy individuals. [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. [26] The commission is composed of the following persons: the President of the Court who is also the Chairman of the commission; two persons nominated jointly by the Organisation of the Commonwealth Caribbean Bar Association (OCCBA) and the Organisation of Eastern Caribbean States (OECS) Bar Association; one chairman of the Judicial Services Commission of a contracting state selected in rotation in the English alphabetical order for a period of three years; the Chairman of a Public Service Commission of a contracting state selected in rotation in the reverse English alphabetical order for a period of three years; two persons from civil society nominated jointly by the Secretary-General of the Caribbean Community and the Director General of the OECS for a period of three years following consultations with regional non-governmental organisations; two distinguished jurists nominated jointly by the Dean of the Faculty of Law of the University of the West Indies, the Deans of the Faculties of Law of any of the contracting states and the Chairman of the Council of Legal Education; and two persons nominated jointly by the Bar or Law Associations of the Contracting Parties. 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. 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.
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