CCJ: Holdouts don’t know what they are missing

Distinguished Caribbean jurist Justice Adrian Saunders, outgoing president of the Caribbean Court of Justice (CCJ), has reiterated the view that greater regional justice access would be achieved if Jamaica and Trinidad and Tobago joined the court’s appellate jurisdiction.

Speaking with The Sunday Gleaner last week, Saunders emphasised that while the CCJ would welcome the participation of countries such as Jamaica, Trinidad and Tobago, and St Kitts and Nevis, it is not fixated on those countries and remains committed to serving its current members with excellence.

Saunders said the CCJ strives to be the “best court that we can be for those countries” that use it in its appellate jurisdiction. “Those who do not are in a position, where, to be quite blunt about it, they don’t know what they are missing out on.’”

The CCJ, established in Port of Spain, Trinidad and Tobago, was inaugurated on April 16, 2005. Only five of the 11 CARICOM member states eligible for the appellate jurisdiction – Barbados, Belize, Dominica, Guyana, and St Lucia – currently use the CCJ as their final court of appeal. All 12 signatories to the CCJ Agreement, however, fall under its original jurisdiction, which handles disputes involving the CARICOM treaty.

Asked to comment on remarks made by incoming CCJ President Justice Winston Anderson – that Jamaica is legally obligated to join the appellate jurisdiction – Justice Saunders affirmed the statement.

Alter constitutions

“It is absolutely true. It is sound and it is the law. Jamaica and Trinidad and Tobago both signed, ratified and incorporated an international treaty that bound these countries to alter their constitutions in order to be part of the appellate jurisdiction of the CCJ. Neither of those countries has done so – that is a breach of international law,” the legal luminary argued.

In a candid exchange with UK-based Law Lords at the Judicial Committee of the Privy Council, Saunders recalled telling them, “Each and every time you hear an appeal from Jamaica or from Trinidad and Tobago or from St Kitts and Nevis, you are aiding and abetting the breach of a treaty.”

While acknowledging the Privy Council’s position – that it continues to hear such cases at the request of these countries and in circumstances where the current law in those states prescribes for these appeals to be made – he insisted that the underlying legal commitment remains unfulfilled.

During his seven-year presidency, Saunders oversaw significant technological advancements at the court, including live-streamed hearings, building on the legacy of his predecessors. These measures, he said, have increased transparency, reduced litigation costs, and improved public trust in the CCJ.

“Sir Dennis Byron played a great role in introducing electronic filing in the court, and after he left, we continued to ensure that all our stakeholders were able to utilise the benefit of the live-streaming of our cases, the ability to hear our cases virtually in ways that eased the cost to litigants and also made justice a lot more accessible not just to litigants but the general public,” he highlighted.

With the court having heard some “very contentious matters from Guyana”, which were live-streamed, Saunders said this pulled viewership in the thousands, giving Guyanese nationals an opportunity to see first-hand how the wheels of justice turn at the highest level.

“The lawyers addressed the court, [they heard] the questions the judges asked, and then, when it was time for the judgment to be given, they were able to see the panel of judges deliver the judgment,” Saunders outlined.

Tangibly impact citizens

He lamented that countries outside the CCJ’s appellate jurisdiction often perceive it as distant or abstract and something apart from their daily lives. But in truth, Saunders said, it’s a living institution that can alter constitutional norms and uphold justice in ways that tangibly impact citizens.

Declaring that he is a staunch believer in Caribbean capacity and potential, Saunders, a native of St Vincent and the Grenadines, expressed pride in the CCJ’s integrity and performance.

“We are not paradise; we are not utopia. We have problems in the region, but we also have capacity and ability, and the CCJ is one of the institutions that I think all Caribbean people could be very proud of.

“We are being tested in battle. We have had some very sensitive, delicate, difficult cases to address in relation to Guyana, and we have not come up short on any of those tests that have been placed before us,” he shared.

He praised the Jamaican Bar for its early efforts in helping to ensure that the CCJ’s institutional architecture was sound and immune from political pressures, making it one for which the region can be proud.

Setting judicial precedents

Saunders emphasised that final appeals are not merely about resolving legal disputes, but about setting judicial precedents that shape national jurisprudence. For this reason, he argued, such decisions are best made by judges who understand and share the cultural context of the people involved – and who are directly affected by the implications of their rulings.

Though disappointed that Jamaica hasn’t yet joined the appellate jurisdiction, he remains hopeful: “I would have liked to have seen it sooner. But again, a lot has to do with the way in which political contentions are resolved, and that’s a matter which the people of Jamaica have to work out for themselves,” he added.

The timing of Jamaica’s accession to the CCJ remains uncertain. The Government and Opposition are currently at odds over constitutional reform. While the Government seeks a phased transition to republican status, the Opposition insists that this move must be paired with departure from the Privy Council and full accession to the CCJ. Amending entrenched constitutional provisions requires bipartisan support, including at least one opposition senator.

Justice Saunders will be honoured at a ceremonial sitting of the CCJ on Tuesday, marking his retirement after 20 years of service to the regional court.

edmond.campbell@gleanerjm.com