Message from the President
The Honourable Mr Justice Adrian Saunders, President of the Caribbean Court of Justice
The period under review was particularly noteworthy for the Caribbean Court of Justice (CCJ). The Court made steady progress in the implementation of its 2019 – 2024 Strategic Plan which was launched in the last period under the theme ‘Unlocking Potential: Strengthening Caribbean Jurisprudence’. Quite significantly, on 16 April 2020, we observed the auspicious milestone of 15 years’ service to the people of the Caribbean Community (CARICOM). To mark this august occasion, this Annual Report has been designed not only to showcase the major highlights of the past year but also to commemorate this special anniversary. The new interactive manner of presenting this Annual Report is well aligned with that commemoration.
As I reflect on the significant strides that the CCJ has made over these past 15 years, I am filled with pride and optimism. I recall vividly the day the Court was inaugurated. There was an overwhelming feeling of joy, achievement and great hope. The establishment of the Court signalled the coming of age of the region. It was a crowning achievement of the sovereign CARICOM States determined to reclaim their destiny and advance our uniquely Caribbean identity. It set the stage for the Court to play a ‘determinative role in the further development of Caribbean jurisprudence through the judicial process’ and to deepen regional integration.
These symbolic yet pragmatic aspirations of the people of CARICOM have been fully embraced by the Court. They have underpinned the Court’s ethos not only in the jurisprudence emanating from both the Original and Appellate Jurisdictions but also in the strategic thrust undertaken over the last 15 years.
As we take stock of the Court’s performance over these past 15 years, we are acutely conscious that we are the inheritors of the accomplishments of those distinguished Caribbean women and men who made it their life’s work to define, unearth, express and promote Caribbean jurisprudence. It is in that vein that, in this our 15th year, we also acknowledge the 50-year milestone celebrated by the Faculty of Law of The University of the West Indies this year. The eminent legal minds who supported the establishment of that Faculty and those who have been its beneficiaries have all played a considerable role in bringing to the fore indigenous legal thought and innovation. These contributions have, in their own right, advanced Caribbean jurisprudence and so we pay homage to those stalwarts.
Reflecting on the judicial work of the Court over the past 15 years, one readily appreciates the Court’s dual role in advancing Caribbean jurisprudence. Many of its decisions have reverberated throughout the very fabric of our Caribbean (and CARICOM) identity and experience. The Original Jurisdiction cases of Trinidad Cement Limited v The Co-operative Republic of Guyana [2009] CCJ 1 (OJ), Myrie v The State of Barbados [2013] CCJ 3 (OJ), Rudisa Beverages & Juices NV Caribbean International Distributors Inc [2014] CCJ 1 (OJ) and the Advisory Opinion [2020] CCJ 1 (OJ), issued at the request of the Community in March of this year, are but a few examples of how the Court’s judicial pronouncements have continued to shape the Community. The same can be said when one examines the work of the Court in its Appellate Jurisdiction. Cases such as The Attorney General v Joseph and Boyce [2006] CCJ 3 (AJ), Ross v Sinclair [2008] CCJ 4 (AJ), Gibson v The Attorney General [2010] CCJ 3 (AJ), Da Costa Hall v The Queen [2011] CCJ 6 (AJ), Marin v The AG of Belize [2011] CCJ 9 (AJ), Maya Leaders Alliance v The Attorney General of Belize [2015] CCJ 15 (AJ), Nervais and Severin v The Queen [2018] CCJ 19 (AJ), and McEwan v The Attorney General of Guyana [2018] CCJ 30 (AJ) all reflect a distinctly Caribbean jurisprudence, fashioned by and shaping our indigenous expressions of constitutionalism, access to justice, democracy and the rule of law with a relevant appreciation for our unique socio-historical background.
The Court has also engaged in significant outreach activities primarily through the JURIST Project, the CCJ Academy for Law and the Caribbean Association of Judicial Officers (CAJO). Each of these agencies pursued their mandates over the past year in supporting reform, capacity building and judicial and legal education for their respective constituent stakeholders. To better rationalise the relationship between the Court on the one hand and the Academy and CAJO, respectively, on the other, Memoranda of Understanding were signed on 21 July 2020. This will ensure a more organic flow in the operations between the Court and these agencies.
Thrust upon us in this period was the COVID-19 pandemic. Like many institutions the world over, the CCJ was obliged to safeguard the health and safety of its staff and its operations. COVID-19 served as a crucial stress test of our institutional and operational framework. But the sophistication of our technology and the dedication and deftness of our workforce have enabled the CCJ to continue its operations efficiently, with a blend of remote working and structured operational transitions. The resilience that has been displayed by staff has been remarkable. I must once again record my deepest appreciation to the Registrar and Chief Marshal, the Court’s Management Team and all the staff for their continued and exemplary commitment, not just over the period under review but for the years gone by as well. I also record here my thanks and appreciation to my predecessors and to the Judges and staff members who are no longer with us.
The Court, as it goes forward, is focused on rationalising internal processes with a view to ensuring that they continue to be sturdy so as to continue to support the Court’s mandate and strategic goals. After 15 years, the Court rests on a strong and tested foundation. We look to the future with renewed vigour and optimism.
It is my hope that as you go through this account of the past year’s activities and generally reflect on the Court’s achievements since its inauguration, you will experience an even deeper connection with the Court that would serve to strengthen our stakeholder relationship.
Message from the Registrar
Ms Jacqueline Graham, Registrar and Chief Marshal
As we continue to be impacted by the coming of the SARS-CoV-2 (“the COVID-19 virus”) pandemic, around the world the future of courts, economies and wider societies, family life, employees and institutions are being shaped, but not in a way that experts can control or anticipate. The COVID-19 virus presents a threat that is both persistent and pervading. The environment it creates is saturated with unpredictability and uncertainty. It is in this climate, which has confounded many world leaders, corporations, institutions and industries that the very foundation and strength of the Caribbean Court of Justice (CCJ) are being put to the test.
In the Caribbean, the pandemic has exposed court systems in general, and in the case of the CCJ in particular, to the need for specific strategic leadership and implementation skills and competencies, especially, change management, mastering information technology and risk-based management. Where these skills have been developed, such court systems are holding their own.
Video conferencing, eFiling and remote work capability have reflected the visionary development of a strategy for the CCJ, that precipitated the formation of strong pillars and frameworks on which the Court is relying in these bewildering times. No one would have expected a crisis of such monumental proportion as the world is now experiencing. Yet in the face of such overwhelming adversity, the CCJ remains resilient.
It is remarkable because it has taken all the resources of the Court to create this resilience. Members of staff, who themselves must battle this contagion have fearlessly risen to the challenge to create balance and stability while the swirl of uncertainty continues around them. Employees were commendably quick to adapt to new work arrangements as the technology that was advanced to provide cutting edge access to justice now has been repurposed to include remote work environments and virtual meeting rooms so that the work of the Court has continued uninterrupted. In the face of the peril posed by the virus, the Court went directly to its strategic framework for the tools to navigate the unstable environment. What became evident is that fluidity and adaptability were built into the design to cater for the contingencies produced by the crisis. The Court had the added advantage of staff being familiar and at ease with the requirements of its strategic plan and this made it easier for each one to bring creativity to solutions. The synergy that resulted was compelling in its effectiveness. The Court was able to manage its caseload expeditiously despite the exacting restrictions of the pandemic. The foundations are holding firm. It is this confidence that buttresses the Court as it focuses on the future.
Prior to COVID-19, the Court contributed to the strengthening of the judicial arm of CARICOM with the significant role it played in the establishment of the Caribbean Community Administrative Tribunal (CCAT). The CCAT launched on 17 February 2020 and is the realisation of an impartial and independent judicial body that provides staff members of the CARICOM Secretariat and regional institutions, who are subject to the CCAT’s jurisdiction, with a forum for the final settlement of employment disputes. The establishment of the CCAT was approved by the CARICOM Heads of Government at their Thirtieth Inter-Sessional Meeting in St. Kitts and Nevis in February 2019. In exceptional cases, judgments of CCAT can be appealed to a Review Committee made up of five judges of the Caribbean Court of Justice.
There is a growing realisation that a “new normal” is emerging. Things will not be the same. There has been a decrease in the number of cases that reached the Court in this reporting year, but this is not expected to be the long-term situation. As the backlog of cases that is building up in national judiciaries due to this pandemic is ultimately cleared, the CCJ is poised for the bounce back in the caseload that it manages when the pandemic abates.
Yet the lessons the Court has learned while contending with this all-out assault will influence the strategic disposition of the CCJ as it continues to serve the Caribbean Community. Modern technology will continue to determine the progression and character of our engagements and our operations. The new work order of remote functioning and safeguarding health standards will continue to typify the work environment. The Court will continue to rely heavily on video and teleconferenced proceedings, while also observing health guidelines and protocols. Intense focus on the well-being of staff will continue to be high on the agenda. Staff engagement is even more critical going forward to maintain morale and trust. It is a time like no other and the Court is responding with the ingenuity that the circumstances demand and seizing the chance to put in place improved, sustainable court services that are much more accessible. This year’s Annual Report will be presented in an interactive format, a departure from what has obtained before, and a foray into innovation. This format is an announcement of the Court’s response in uncommon times. All the articles give an account of the CCJ’s performance over the period 2019-2020. We proudly commend it to all our stakeholders and to those who have an interest in the work of the CCJ and what it represents to the Caribbean. I trust that as you peruse our Report, you will learn more about our performance and the workings of the Court through these pages.