Byron Buckley, News EditorBARBADOS WILL be next in line to drop the United Kingdom-based Judicial Committee Privy Council as its final court of appeal, following the scheduled launch of the Caribbean Court of Justice (CCJ) on April 16 in Port-of-Spain, Trinidad.
The Caribbean nation will join 35 other former British colonies, which have ceased appealing to the UK court since 1933. Guyana is the only Caribbean Community (CARICOM) country, which has ceased appeals to the Privy Council, having done so in 1966.
Canada was the first former British colony to break links with the Privy Council in 1933, ceasing appeals for criminal cases. Subsequently, in 1949, the North American nation ceased sending civil appeal cases to the UK court. New Zealand is the latest country to withdraw access to the Privy Council in 2004.
Guyana and Barbados will replace the Privy Council with the CCJ, which is based in Port- of ñSpain, Trinidad. Jamaica was hoping to also drop the Privy Council as its final appellate court after the inauguration of the CCJ later this month. However, this was pushed off track by a February ruling of the British law lords that the method being used by the Jamaican Parliament to introduce the CCJ was unconstitutional.
The ruling will adversely affect other CARICOM countries with constitutional provisions similar to Jamaica's. But Barbados has already made the necessary legislative adjustment to facilitate the introduction of the CCJ.
Guyana had previously withdrawn access to the Privy Council and has had a two-tier court system for nearly 40 years. With the imminent launching of the CCJ, Guyana will now have the new regional court as a third rung in its judicial system.
Last year the regional judicial service commission appointed Michael de la Bastide as President of the CCJ and, subsequently, appointed six of a total complement of nine judges. The regional body is intended to be an itinerant court, holding sittings in different territories, thus making its services more accessible and affordable to the public than what obtains now regarding the Privy Council.
Speaking to journalists in Barbados last week CARICOM Secretary General Edwin Carrington implored other territories in the 15-member grouping to sever ties with the British court.
"There is ... a strong hope that CARICOM countries will soon join the ... countries, which have withdrawn (the right of appeal) to the Privy Council since 1933," he said at a trade a seminar for newspaper editors.
The CCJ, in addition to being the final appeal court to hear criminal and civil cases for CARICOM member states who so desire, will also attempt to settle trade disputes that may arise under the emergent single market arrangement. Several member states, including Jamaica, already have passed legislation enabling them to utilise the CCJ as a trade court.
