Radha Permanand Deputy Registrar and Deputy Marshal

Caribbean Court of Justice

History• 4th Anniversary: April 16th 2009

• The Caribbean Court of Justice has been called by other names: – early 1970’s Caribbean Court of Appeal 1

– early 1990’s CARICOM Supreme Court

– 1999 Caribbean Court of Justice( 19th Heads of Government Conference - Saint Lucia)

1 The Representative Committee of Organization of Commonwealth Caribbean Bar Associations 1972

History (Cont’d) -- 19878th Meeting of the Conference of Heads of Government :

Proposal by Trinidad and Tobago for the establishment of Caribbean Court of Appeal as final appellate Court for Member States of the Caribbean Community ….in place of Privy Council.

“

in the field of law, Caribbean jurists have long ago attained the maturity, competence and distinction to man a Caribbean Court of Appeal with honour. In addition, there was the direction in which the development of English law and institutions have been pointing which must compel the Region to take charge of its jurisprudential destiny and move towards a West Indian jurisprudence, bearing in mind the existence of the regional University, which was preparing young lawyers to carry on a legal tradition that had not been indigenized”.

CCJ’s Hybrid JurisdictionThe CCJ has one very unique aspect that distinguishes it from other Courts and that is its peculiar hybrid jurisdiction:

– the appellate jurisdiction which is in the area of municipal law and

– the original jurisdiction which is in the area of international law.

The Appellate Jurisdiction• To date Barbados and Guyana have made

the CCJ their final Court of Appeal.

• Barbados enacted the Caribbean Court of Justice Act CAP. 117 (Act 2003-9) which came into operation on 8th April, 2005.

• Guyana enacted the Caribbean Court of Justice Act 2004 (Act No.16 of 2004) which came into operation on 1st April 2005.

The Appellate JurisdictionBarbados and Guyana have filed 47 matters in the CCJ.

– From inception to date the CCJ has handled 47 matters (applications and appeals)

– The European Court of Justice in its first 3 years (1953-1955) of operation has recorded on its website 26 cases for the same period 3

3 http://curia.europa.eu/en/content/juris/index_tab.htm

The Appellate JurisdictionThe CCJ has delivered several judgments and five of them appear in Volume 69 of the West Indian Reports 4

4 Barbados Rediffusion Service Ltd v. Asha Mirchandani (No.1), 69 WIR 35, Barbados Rediffusion Service Ltd v. Asha Mirchandani (No.2), 69 WIR 52, Griffith v Guyana Revenue Authority, 69 WIR 320, Attorney General v Joseph and Boyce, 69 WIR 104, Cadogan v R (No.2), 69 WIR 249

The Original JurisdictionIn developing its rules and procedure the CCJ was able to benefit from the experiences of similar courts like:

– the International Court of Justice, – the European Court of Justice and – the Court of Justice of the Common

Market of Eastern and Southern Africa.

The Original Jurisdiction• The rules are designed to allow an

applicant, a claimant or a party, access the Court.

• The rules are for the benefit of both the Court and persons whether attorneys or litigants appearing before it.

• They provide the guidelines that are needed for persons who require the services of the CCJ in its Original Jurisdiction.

Filing of CCJ’s OJ Matters

3rd April 2008 1st OJ matter filed. (interim judgment issued 22nd July, 2008. )

4th July 2008 2nd OJ matter filed

11th Dec 2008 3rd OJ matter filed

OJ JudgmentsIssues:

Can national sue its own state?

What is a national?

What category of “institutions, organs or bodies of CARICOM” can be sued?

What issues are justiciable before CCJ?

What satisfies the criteria for grant of special leave?

Can national sue its own state?

What is a national?

What category of “institutions, organs or bodies of CARICOM” can be sued?

What issues are justiciable before CCJ?

What satisfies the criteria for grant of special leave?

Thank You