Caricom Secretary-General, Irwin LaRocque has welcomes the judgment of the Eastern Caribbean Court of Appeal (ECCA) with respect to the process to be followed by St Lucia in making the Caribbean Court of Justice (CCJ) its final court of appeal.
In a statement dated May 31, the Caricom Secretariat said Chief Justice Janice Pereira delivered a judgment on May 24 in respect of an opinion sought from the ECCA on the issue by the Attorney General of Saint Lucia, Phillip La Corbiniere. The attorney general had asked the court to give an opinion on the proper and correct construction of provisions of the Constitution relating to the right of appeal to the UK Privy Council and giving effect to the Agreement Establishing the CCJ.
In her ruling, the chief justice indicated that the Constitution clearly “contemplates and provides the freedom to Saint Lucia to establish a court in common with other states or countries.” Further, she said, Saint Lucia was empowered to enter into such an agreement on its own and the relevant Bill would not be subject to a referendum. LaRocque said that in confirming the procedure to be followed by Saint Lucia to replace the Privy Council with the CCJ as the final appellate court, the ECCA has set the course for the continuation of Saint Lucia’s road to judicial independence as well as point the way for other countries with similar provisions in their constitutions. He said this judgment was a seminal one in the progress towards more countries accepting the appellate jurisdiction of the CCJ.
According to the release, LaRocque further pointed out that earlier this week the Prime Minister of Dominica, Roosevelt Skerritt, told the media that his country is proceeding to accept the appellate jurisdiction of the Court after having held national consultations on issue. In the interview, the prime minister said that Dominica would send a letter to the British government next week seeking permission to recognise the CCJ as its final court. The Prime Minister said that the government’s resolve was to move in recognising the CCJ as the final court and “certainly this year we should see Dominica recognising the CCJ.” “These are wonderful signs for our Community as we celebrate the 40th Anniversary of the signing of the Treaty of Chaguaramas,” LaRocque said. The stature of our Court internationally is high and its considered judgments have gained it great respect, he added. He also pointed out that the CCJ is recognised internationally as being established with modern and progressive systems and technology which facilitate its functions as it administers justice in relation to 12 member states of the Caribbean Community in the Original Jurisdiction, and three countries in the Appellate Jurisdiction.
“The systems for financing and appointment of judges were a milestone in the development of our Community, and a symbol of CARICOM Governments’ commitment to judicial independence and excellence,” the secretary-general said. “I have every confidence that the CCJ is well equipped to meet the needs of Saint Lucia and Dominica as they take these important milestone steps. The expansion of the Appellate Jurisdiction of the Court will only reinforce the sense of Community as it contributes to the development of true Caribbean jurisprudence,” he added.
