PORT OF SPAIN, Trinidad, CMC – Regardless of a 12 months shadowed by the lack of 5 esteemed authorized minds, the Caribbean Court docket of Justice (CCJ) superior a daring agenda of reform, innovation, and outreach in 2023–2024, reinforcing its standing as one of many Caribbean Group’s most dynamic establishments. That is in response to the reflections of President Adrian Saunders within the Court docket’s not too long ago revealed Annual Report. The report outlined a collection of accomplishments, from refining courtroom procedures and deepening regional engagement to increasing entry to justice for individuals with disabilities.
The Court docket concluded its 2019–2024 Strategic Plan with robust momentum and has initiated the method of crafting a brand new roadmap for 2025–2030. Led by the Honourable Mr. Justice Winston Anderson, the Strategic Planning Committee has been consulting extensively with stakeholders throughout the area to form a forward-looking agenda.
In Could 2024, the Court docket promulgated up to date Guidelines of Court docket for each its Appellate and Authentic Jurisdictions. Below the management of the Honourable Mr. Justice Denys Barrow, the Guidelines Committee revised provisions to mirror present practices, together with up to date language to make sure gender neutrality and the formal lodging of Saint Lucia’s accession.
In a big step towards accessibility and inclusion, the Honourable Mme Justice Maureen Rajnauth-Lee led the finalisation of a complete coverage to enhance justice entry for individuals with disabilities. This features a protocol mandating the presence of signal language interpreters throughout judgment supply and revised case administration instruments that determine any particular lodging required by courtroom customers.
The Court docket additionally improved the readability and accessibility of its written judgments. A brand new format now clearly identifies authorship and dissenting or concurring opinions. Concurrently, the Court docket enhanced its digital analysis capabilities—its on-line library catalogue now presents broader search choices, together with by key phrase, creator, or case identify.
The CCJ continued to ship landmark selections that strengthen regional authorized techniques. Within the Appellate Jurisdiction, 4 notable rulings stood out:
Fields v The State (Barbados) addressed how juries needs to be instructed when evaluating testimony from witnesses discovered to be intentionally untruthful, altering a longstanding judicial apply.
Gaskin v Minister of Pure Assets (Guyana) was the Court docket’s first environmental case involving Guyana’s oil and fuel sector.
Barbados Defence Drive v Harewood supplied an interpretation of the Barbados Defence Drive Act and the distinctive authorized guidelines governing navy trials.
McDowall Broadcasting Company v Joseph marked a historic milestone as the primary appellate judgment from Saint Lucia.
Within the Authentic Jurisdiction, the Court docket examined two main circumstances central to the CARICOM Single Market and Financial system (CSME). Ellis Richards & Ors v The State of Trinidad and Tobago concerned greater than 500 Jap Caribbean litigants in search of redress following the 2009 collapse of CL Monetary. In the meantime, DCP Successors Restricted v The State of Jamaica centered on commerce limitations affecting a Dominican cleaning soap producer’s market entry in Jamaica.
The CCJ expanded its outreach footprint throughout the reporting interval. In October 2023, it held an itinerant sitting in Bridgetown, Barbados—its first in over a decade—the place it obtained a heat welcome and hosted the seventh Biennial Convention of the CCJ Academy for Legislation. Centered on prison justice reform, the convention introduced collectively a broad cross-section of the area’s justice system stakeholders. It produced the Needham’s Level Declaration, a roadmap for transformative justice reform.
The Court docket additionally held sensitisation periods on the Referral Obligation underneath Article 214 of the Revised Treaty of Chaguaramas (RTC), which requires nationwide courts to refer treaty interpretation points to the CCJ. These periods have been carried out with authorized and civil society actors in Barbados, Saint Lucia, and Suriname.
The Court docket has stepped up efforts to combine Suriname into the CCJ’s institutional structure extra absolutely. Initiatives embrace the authoritative Dutch translation of the Court docket’s Authentic Jurisdiction Guidelines and proposed amendments to the CCJ’s founding Settlement to present the President of Suriname’s Excessive Court docket the identical entitlements as regional Judicial Service Fee chairpersons.
In Could 2024, President Saunders and the Honourable Mr. Justice Peter Jamadar visited Paramaribo for the one hundred and fifty fifth anniversary of the Surinamese judiciary, the place they held discussions with Chief Justice Iwan Rasoelbaks on future judicial collaboration, together with the potential for Suriname to ship ultimate appeals to the CCJ by way of a devoted division.
Internationally, President Saunders and Justice Anderson represented the Court docket on the Second Hemispheric Assembly of Regional Courts in Quito, Ecuador. There, they shared insights into the CCJ Belief Fund—a monetary mannequin that ensures judicial independence—and took part within the Andean Court docket’s forty fifth anniversary celebrations.
In the direction of the tip of the courtroom 12 months, Justice Saunders additionally participated within the drafting of the Nauru Declaration on Judicial Nicely-being. This rising international normal affirms the essential position of judicial psychological well being in upholding judicial integrity.
Whereas celebrating achievements, the Court docket additionally confronted unprecedented sorrow. Justice Saunders expressed profound grief on the passing of 5 authorized luminaries who had formed the Caribbean authorized panorama and the CCJ itself.
Amongst them have been Mr. Justice Jefferson Cumberbatch of the Barbados Court docket of Enchantment; Mr. Justice Jacob Wit, a founding CCJ decide recognized for his breadth of information and his connection to Suriname’s civil legislation system; and Mr. Justice Dennis Morrison of Jamaica, a long-time colleague and good friend of the President.
In March 2024, the Court docket misplaced the Proper Honourable Michael de la Bastide TC, its first President, and Mme Justice Désirée Bernard, its first feminine decide and a trailblazer for girls in
“With every passing, I misplaced a pricey colleague,” Saunders stated. “However we proceed, as they’d have needed us to, guided by the instance and legacy they depart behind.”
As he prepares to step down, Justice Saunders used the event of his ultimate Annual Report message to precise gratitude for 20 years of service to the Court docket and the area.
“It has been the best honour of my skilled life,” he wrote, providing particular because of Ms. Debra Gibbs and Mr. Sheldon Cambridge, his shut collaborators for 20 years.
Regardless of political reluctance by some CARICOM states to undertake the CCJ as their ultimate appellate Court docket, Saunders affirmed the establishment’s unwavering mission to ship accessible, truthful, and progressive justice.
“The CCJ is certainly one of CARICOM’s best achievements,” he concluded. “Our dedication to refine our processes, embrace innovation, and strengthen Caribbean jurisprudence won’t ever be blunted.”
