The Caribbean Court of Justice was given a big boost by legal lumnaries in the Caribbean and Canada at a symposium organized by the Eastern Caribbean Supreme Court (ECSC) held last Friday in Castries, St. Lucia. The occasion was the official book launch of the ECSC authored by Grenadian Dr. Francis Alexis and edited by Velma Newton, well known Barbadian law professor.
Among the speakers were acting Chief Justice of the ECSC, Sir Brian Alleyne, distinguished professor Ralph Carnegie, Bryan Finlay, QC of Canada and Frank E. Walwyn, a top attorney who litigates both in Canada and the Eastern Caribbean, and Court of Appeal Judge, Hugh Rawlins.
Professor Carnegie’s theme was “charting the route from the Privy Council to the Caribbean Court of Justice (CCJ)” and his presentation is concerned with the nature of the legal process in national law of transferring to the CCJ the jurisdiction of the Privy Council in the OECS states. He considers in turn the effects of the present commitment of the original jurisdiction of the CCJ, the process for “de-linking” from the Privy Council and the additional process for accepting the Caribbean Court of Justice’s appellate jurisdiction.
He made a significant point that at least three jurisdictions in the OECS do not need a referendum to amend the constitution to remove the Privy Council as the final court. He added that he was in the “selling role” for the CCJ.
Justice Rawlins in his remarks said that there is need for the people in the region to be educated on the role of the CCJ. The Canadian QC said that the de-linking from the Privy Council will inevitably require the Caribbean’s legal community and body politic to address some of the complex and controversial issues that all states have had to encounter while in the final throes of decolonialisation.
He outlined and analysed Canada’s experience of de-linking from the Privy Council and added that the Caribbean can learn from Canada’s experience.
Findlay compared Canada and the Caribbean and said that “in the Caribbean case, the Court serves 12 distinct nations, rather than the two disputing “nations” Canada faced. This poses a greater challenge for reconciliation, as there are twelve countries’ cultures and traditions to consider, twelve sets of laws to apply and twelve constitutions to be guided by. As in the case in Canada, the Court will also have to consider the interaction beween those states, such as St. Lucia, which trade their legal roots to the Civil Code system of law and those which are rooted in the common law tradition.”
He added that “all the while, the CCJ will seek to achieve unity and coherence in its body of judgments, despite the differences that exist as between its constitutent nations. This process undoutbedly will entail delicate balancing and at times could result in great controversy”
Dozens of Magistrates, Registrars and attorneys including the Presidents of Bar Associations in the sub region attended.
Dr. Alexis’ 450 page book is dedicated to the people of the Eastern Caribbean struggling for development with fairness and social justice under the rule of law.
