Outgoing President of the Caribbean Court of Justice (CCJ), Michael de la Bastide says his biggest disappointment while serving as head of the regional court was that more Caribbean countries have not acceded to its appellate jurisdiction.
Since the court’s inauguration in 2005, Guyana, Barbados and recently Belize have accepted it as the final Court of Appeal and according to Justice de la Bastide; this points to a lack of confidence in “ourselves and in our brothers and sisters”.
Justice de la Bastide said it is within the power of Caribbean nations to utilize the services of a court which they have invested in, and he observed that the accession of Trinidad and Tobago to the appellate jurisdiction of the court would greatly strengthen the CCJ and solidify its position.
Justice de la Bastide will step down shortly for CCJ president-designate Sir Dennis Bryon to take over and his remarks came during a region-wide press conference yesterday via video conferencing to introduce Sir Dennis. Based on the rules of the court a president is allowed to sit for seven years and the current president has served his term.
“It would be a catastrophe to destroy it or endanger it and or not to use it,” Justice de la Bastide said of the CCJ, but he was optimistic there would an increase in the number of countries adopting the CCJ as final court. He said too that the Privy Council judges going back decades have acknowledged the disadvantage they face in deciding cases from countries where they have no familiarity– the London-based council remains the final court for many Caribbean states.
With respect to the CCJ’s original jurisdiction, Justice de la Bastide said Caribbean countries have to decide whether they are serious about the Caricom Single Market and Economy (CSME), adding that said if they are the court is essential. On the appellate side, he said the resources that go into making a quality court will not be used to the best advantage until all of the countries in the region accede to the court’s appellate jurisdiction.
Asked how the work of the court is progressing, Justice de la Bastide said, “quite smoothly” while noting that it recently received four appeal cases from the newest member of the appellate jurisdiction – Belize. He also pointed out that the court continues to receive the largest number of appeals from Guyana.
Recently, he said, one matter was submitted on the original jurisdiction side which would be the subject of a case management conference soon; a date has already been fixed. He told reporters that there are no difficulties to report “at this time” with respect to the court’s work.
Pressed on why he believes other Caribbean states have not acceded to the court’s appellate jurisdiction, Justice de la Bastide said he preferred not to address the issue because, “the question has taken on political connotations”. And speaking of the benefit of the court to Trinidad and Tobago, he said the country is a litigious one and that less cost would be incurred since they have easy access to the court; the CCJ is headquartered in the country.
President-designate, Sir Dennis Bryon praised Justice de la Bastide for dedicated service to the court and for “establishing it on sound footing”. He underscored the importance of the court to the people of the Caribbean community, noting that it helps to establish social stability, economic development and regional integration. “I give you the assurance that I will do everything I can to ensure that the court meets the high expectations of all member states of the Caribbean community,” Sir Dennis said.
Further, he expressed concern that only three member states have subscribed to the Court’s appellate jurisdiction. But he echoed the words of Justice de la Bastide saying that as time moves on countries are getting closer to accede to making the CCJ their final Appeal Court. He also intends to do more fact-finding to ascertain why countries are hesitant.
