President of the Caribbean Court of Justice (CCJ) Sir Dennis Byron has said he hopes as Dominica makes moves towards adopting the Trinidad-based CCJ as its final appellate court, the matter won’t be turned into a partisan issue.
Prime Minister Roosevelt Skerrit has announced that his administration will be writing to the British Government this month seeking permission to severe ties with the London-based Privy Council.
Speaking at a Dominica Association of Industry and Commerce (DAIC) luncheon on Wednesday, Bryon described the move as ‘timely’ and said he hopes the matter is brought to nation’s parliament soon.
“The onus is now on the members of the house, your parliament, to place a bill on the parliamentary agenda so that Dominica can fulfill its promise to be a full member of the Caribbean Court of Justice,” he stated.
Byron said he hopes that as the matter is being discussed Dominica’s politicians will show maturity and it won’t degenerate into a partisan issue. “I would sincerely hope that as this is being discussed that it does not become a political partisan issue and that the interest of the country on a whole will be considered,” he said. “And that your politicians will demonstrate the maturity to see that this is an issue that is not a political issue at all but will affect and benefit the citizens of your country.”
He further stated that since Dominica has already paid its dues to the CJJ it won’t cost the island anything to accept it as its final appellate court. “It won’t cost Dominica one penny more to accept fully the appellate jurisdiction of the Caribbean Court of Justice,” he revealed. “It fact it will enable Dominicans to take advantage of the financial investments which has already been made on your behalf.”
Byron also stated that the British Government has given many assurances that it will not stand in the way of Dominica’s plan to severe ties with the Privy Council in order to adopt the CCJ.
The CCJ was established in 2001 to replace the London-based Privy Council, and also serves as an international Tribunal interpreting the Revised Treaty of Chaguaramas that governs the regional integration movement.
While most of the Caribbean Community (CARICOM) countries have joined the CCJ in its original jurisdiction, only Barbados, Guyana and Belize are signatories to the appellate jurisdiction.
The Judicial Committee of The Privy Council (JCPC) is the court of final appeal for UK overseas territories and Crown dependencies, and for those Commonwealth countries that have retained the appeal to the Queen in Council or, in the case of Republics, to the Judicial Committee.
The two former Attorneys general of Dominicould not hide their partisan opposition to Dominica joining the CCJ just yet and they sought to poison the discussion. One asking for a referendum an the other lamenting the time it takes for matters to go through the courts as reasons for not acceeding to the CCJ just yet. after all he is an officer of the court and understands fully well the manmy reasons for the delay. And isn’t judicial review an acceptable legal practice to get the highest court to arbitrate on a matter when you feel aggrieved? When their party will be in power then they will go right ahead. Shame on you fellas. You all don’t know your place. The occasion was not meant to be for making partisan hay or one for political mud singing as subtle as it might have been. Leave our partisan politics for the paltform. Let us not wash our dirty linen in public
Observer, I did not observe any part-political grandstanding. It may be irritating to some but I observed quite a bit of genuine concern, which people are allowed to express in a democratic society. Yes, we do have unacceptable delays in hearing court cases with people on remand for inexcusable lenths of time. And even when they eventually do come to court,it is not unussual for them to be discontinued or further adjourned for lack of proper preparation. It is also clear to all.and sundry that the judicial review is used to stall cases.
The purpose of the meeting was to have a frank exchange of views, an opportunity to express concerns and we should welcome that.
In this context it is not before time that legislation be introduced to hold our legal practitioners to account.
Bold move on the part of the Dominican government and its people. As a non Dominican it would be interesting to know whether placing a simple Bill placed before Parliament is all that is required. Surely in a democratic country (island) where Politicians are elected through popular votes a better way to sever your historical ties with a final Appellate Court such as the PC would be through a national referendum? The Dye is already cast so I guess one has to wait and see how things unfold.
stupes “F” the Crooks Court of Justice…. a big fat FAIL!
“Bryon described the move as ‘timely’ and said he hopes the matter is brought to nation’s parliament soon.”(Bryon).
I hope the opposition will not support such a move in the peoples parliament, and the people of Dominica, should come together, and oppose the move; I am personally opposed to the idea!
In reading Bryon, we found many times in his essay he noted, and mentioned partisan: although he may not have said make it, or draw it into partisan politics, he has drawn to our attention the probability and danger involving partisan politics into the courts of the Caribbean, or in particular the CCJ.
Perhaps he has forgotten the Caribbean mentality, where kisses are granted by favor, you rub my back, and in return I will rub yours: that is the concept of “quid pro quo.”
Many of us have long realized by now that more political decisions are rendered in the courts of the Caribbean than what is based on any legal precedence or the interpretation of the law!
As such some of us do not have any confidence in the judicial system of the Caribbean, and that ” no trust ” shall remain as long as we are dealing with a judicial system which comprises our own originating from Jamaica, in the North to Guyana in the South.
If Dominica becomes part of that court, there will be no relief for the poor Dominican when justice is denied in our country as we find so often.
The British will cut us loose alright; there will be no difficulties, they will not deny us the right to secede if that is the correct word; however, after that there shall be deep regrets which will surface when a crooked, and bogus ruling is handed down by this so called court in Trinidad.
The Privy Council in London is the hope of those in Dominica who suffers the injustices of the unethical, and unscrupulous rulings of the crooked so called judges within our judicial system, and not the CCJ., in Trinidad.
Francisco Etienne-Dods Telemaque
Of course an organization has more strength than an individual. DUH ! There are many groups out there that could take this up. It is not a political one.
Justice Byron can hardly be seen as a disinterested party, genuine as his sentiments may be. I think it is far more pertinent question to ask why, twelve years after its inception only three countries have signed up to this court to date? One would assume that if it was such a good idea most caribbean countries, if not all would have flocked to it by now.
Why are you calling for the UWP, can you not talk for yourself ?????? So if the UWP has nothing to say about the issue then you will sit back and say nothing if you think this is not the way we need to go as a country. This is not about UWP v Labour. Stop being ignorant and understand for once that this will affect us.
Individually, one has no power;organizations do.
CCJ please NO NO look how long Mr Emanuel and his wife waiting for his day in court
too much courption in DOMINICA
CCJ is not good for us in DOMINICA our justice system is already a joke giving those political lawyers the last say is madness
look how long the fire boomming took place and MR Emanuel and his wife cannot see any progress in that case
more judicial review to stop their friends from being tried in court.shame on you so called member of the court.stay with privy council.no favours with the white man
OK Justice Byron you are an esteemed man that I respect, but this is a people’s issue and I agree not a political one. People need to be informed so that they can decide. Why can’t we have referendums here like our sister caribbean islands ???? Nothing that is a real issue is ever discussed in Dominica. we talk about independence from Britain that is what we fought for and we are proud of that but we are now a nation of beggers going around the world begging other nations for money to sustain this so called independence, compromising our selves, selling passports so that we can mentain our independence and I have been wondering, is it really worth it. Would we have been better off under British rule ??? Can anyone say that we are an independent nation ?? Our current PM and the ones before him who passed spent most of their time out begging for money. Who going to pay for the CCJ and I do not but that crap about we have nothing else to pay. when are our dues paid until. We need to know the facts. This is a very very important issue to every Dominican, access to justice. Please do not say that it is not political, when Judges depend on a prime minister to approve appointments, salaries, housing, everything how can they not be biased. There are a lot of issues that need to be considered before we get into this. I am in no way against the CCJ but I just think that it is something that we have to dig very deep into and not just listen to one or two people who cry CCJ.
Well sir Byronne you are sorely missing the point, or probably you are not as astute as I thought you were.
The court system in Dominica right now is a joke a big big joke and some of the comedians are members of this very court.
Why don’t you look at Dominica cenarios and be objective? or can you? maybe kettle?
Maybe Sir Byron is here at the invitation of our Govt. to try and sway public opnion in favour of the CCJ. I really would like to know.
I Listened for the Most Part…
Hmm, sweet talk but we need to see a above board Actions by the court i liked when a attorney Made Some very intimate points about the Court and review System which some attorneys abuse terribly.
Sadly that Sir Dennis did not acknowledge that is Was and in fact a issue which needs quick input.
Sadly the Dual Case Matter the Courts have not Respected the wishes of the Citizens to expedite The Matter in a timely say six month period and Clear the air as it’s a National and Governance Situation…
So sorry Sir, sweet talk but no action wont make Me Respect the CCJ..it’s Good way to but it Being Independant but…Maturity and Impartial Judgement Are not part of this Region..and it’s Factual..
I think an important issue like that should be decided with a referendum. Skerrit should not take it on his own to decide for the entire nation. Where is the voice of the UWP now???!!!
The UWP, DFP and other groups are always there taking on the issues of the day what is missing are the voices of the people this paticular issus need the people of the Commomwealth of Dominica to come out and support the Oppositions Parties especially what the UWP have been saying all along and we keep ignoring the facts so people of D’ica at home and outside should let their voices be heard once and for all what do you have to fear but fear it self.Skerrit should not be continue to do whatever he wants because the people sit back and allow him the partway
This shopild mot be looked upon as a party matter it’s and issue we all have to discuss openly.