CCJ vs PC

background to CCJcaribbean based court, came about in 2001 began operation in 2005 head is
trinidad ... 2 jurisdiction- original treaty & trade law( all countries) & appellant : seen as final
court of appeal of which only 4 countries utilize it for --- GUY, BEL, BIM , GUYANA &
privy- o

BODY: shanique myrie case- symbolizes greater strength- ccj is competent court and can make
high profile
Decisions
Arguments for CCJ/ against privy council : privy council poses threat to independence of
Caribbean country... are we truly independent when we have privy council making decision
0.
Judges from PC dont understand Caribbean they make decisions based on their cultural
settings: ex a man steal mango in UK economy is better so person do it out of greed in Jamaica
economy is not as good so it may be out of hunger ....
0.
affordability & accessibility : should be accessible for each and every citizen yet only the
wealthiest can afford - if ure a criminal chances are you will not get the British visa , need legal
team ... CCJ is a mobile court in Caribbean
0.
We are paying to be a part of it so why aren't we utilizing it - initial money raised 100 million
of which 27 million Jamaica contributed which we borrowed from Caribbean development
bank that tax payers are paying back for ... ( pay for it utilize it )
0.
Promote regionalism - integration : Caribbean countries work together
0.
Develop Caribbean jurisprudence : develop legal system no longer rely on privy council to
make decisions in high profile cases ex: Shanice Myrie
0.
AGAINST: 1. Political interference: leaders don't know how to separate politics from
administration- despite this there are certain mechanism put in place to maintain independence
of CCJ and its judges : independent board : exempt from immigration laws ,
0.
Longevity and Sustainable : privy council been around from whenever and prove its
competency
0.
CCJ will be in biolation of human rights: PC abolished DP- Caribbean has no final stance on
death penalty might revamp after removing PC & minority groups: Caribbean known as ANTI
GAy - judges will not respect rights of anti gay etc
0.
FDI Place their trust in oversees court not in Caribbean courts - 3rd world country rely heavily
on FDI
0.
Caribbean not ready to establish because we have a lot of delapidated courts and backlog ...
use that money into fixing the problems than to establish CCJ
0.
Tutorial Q:10 & 9 - privy council judges are for the establishment of CCJ LORD HOFFMAn
and Nicholas & they said they are for the CCJ because they have to hear all cases from
Caribbean and commonwealth it creates back log
0.
Procedure : replace CCJ reforandum/ gives each and every citizen right for their voices to be
heard thruu voting ... against referendum because of past experience - issue will be politicized
political party have their ppl vote for what they want.... 2011-2016 PNP contained more
persons in lower house .. or 2/3 majority
0.
Conclusion: reinforce main point
REASONS WHY YOU SHOULD VOTE FOR YOUR COURT, THE CARIBBEAN
COURT OF JUSTICE (CCJ) OBLIGATIONS

Grenada will be honouring its Treaty obligations as on 14th February 2001, together with
other CARICOM countries, Grenada signed “An Agreement Establishing the Caribbean
Court of Justice” in Bridgetown, Barbados; Grenada has already made its financial
contribution to this Court

ACCESSIBILITY
The CCJ is more accessible to the ordinary person ---the Court sometimes travels from
country to country; processing of cases may be done electronically; the CCJ headquarters is
only a few minutes away in Port of Spain in Trinidad

TIME
Urgent matters are tried swiftly (For example, the case of Professor Eddy Ventose v the Chief
Electoral Officer of Barbados (2018) was heard about four days after filing and included a
Sunday sitting);

COST
Using the CCJ is Less costly---in terms of counsels’ fees; filing fees; commuting and
accommodation; A Privy Council matter may cost about EC$150,000.00 as compared with
approximately EC$20,000.00 in the CCJ (Note: these figures are not standard figures but are
used as a guide).

THE JUDGES
The CCJ provides an opportunity to build up a mature Caribbean Jurisprudence—judges from
the region would settle the general principles upon which legal rules and the manner in which
new and doubtful rules are to be applied in terms of Caribbean cultural and sociological
practices; the British have their own way of thinking in many significant societal areas;

PRIVY COUNCIL SOON TO BE NO MORE

English authorities have hinted in the past that the Privy Council may no longer be available
for Commonwealth countries; a notice to this effect may be given at any time; It is to be
noted that England itself does not use the Privy Council as its final Court of Appeal in the
normal civil and criminal matters; England has its own final Court of Appeal;

INDEPENDENCE
Having the CCJ as the final Court of Appeal in the Caribbean helps to complete our
independence status in the Caribbean; it is one of the positive ways of breaking one of the
chains of colonialism which lie around the necks of Caribbean people.

CARIBBEAN UNITY
The CCJ enhances the development of closer regionalism amongst Caricom countries. The
Agreement Establishing the CCJ was signed by the Prime Ministers or Presidents of 12
CARICOM states. They are Antigua & Barbuda, Barbados, Belize, Dominica, Grenada,
Guyana, Jamaica, St. Kitts & Nevis, St. Lucia, St. Vincent & The Grenadines, Suriname and
Trinidad & Tobago where the Court is located. Because their leaders have signed the
Agreement, these countries are referred to as contracting parties to the Agreement
Establishing the CCJ.

THE BILL
The ballot paper will ask Grenadians to vote yes or no to the Bill proposing to amend the
Constitution to allow Grenada to go to the CCJ. The Bill does two things.

1. It removes references made in the Constitution to the “Privy Council” and “Her Majesty in
Council” (another name for the Privy Council). It then replaces these references with the term
“Caribbean Court of Justice. It also removes references to the Privy Council Order which
provides for access to the Privy Council and replaces it with references to the Caribbean
Court of Justice Agreement provisions which provide for access to the Appellate Jurisdiction
of the Caribbean Court of Justice

2. The Bill renames the Supreme Court of Grenada, now styled “The Supreme Court of
Grenada and the West Indies Associated States” to the new name “The Eastern Caribbean
Supreme Court” in keeping with our other OECS members.

SUMMARY
On Tuesday 6th November 2018 a Referendum is scheduled to be held in Grenada. The
electorate will be asked to vote as to whether they support the Caribbean Court of Justice
(CCJ) as the final Court of Appeal for Grenada or whether they want to keep the Privy
Council as that Court. The present court system in Grenada involves the Magistrates’ Courts,
the High Court, the Court of Appeal, with the Privy Council being the final Court of Appeal
in accordance with the Constitution of Grenada. Disputes involving land, contracts,
marriages, criminal charges or any other matter may be appealed from any court all the way
up to the Privy Council which is based in England. Because of the expense and for other
reasons, justice is not easily accessible to the ordinary person.

BREAK THE CHAINS OF COLONIALISM FOR ONE UNITED CARIBBEAN!!