The court of appeal has upheld a high court decision against Global Education Providers Inc owned by Dr. Curvin Ferriera who had applied to the government for permission to establish a medical school in Dominica. That decision was handed down on May 4, 2018.
Ferreira’s application was rejected on the basis that the Minister for Education, Petter St. Jean, was not satisfied that Global would have the adequate material resources for dispensing the requisite educational training. The Minister communicated his refusal to Global by letter dated August 10, 2010.
As a consequence of the Minister’s refusal, Global sought and obtained leave to issue judicial review proceedings against the decision arguing that the Minister’s decision indicates that there is a clear failure to adhere to the spirit and policy of the Education Act.
However, in response, the Attorney General and the Minister argued that the Minister acted “intra vires” (within his legal power and authority) when he rejected Global’s application.
At the high court, the court ruled that it is clear that there must be some limit to the capacity of the local providers of health care services to providing teaching facilities to medical students. “The Minister must be satisfied that the applicant would have at its disposal adequate material and human resources to dispense the educational services for which the applicant seeks a permit. It is not for this court to substitute its own judgment for that of the Minister. The decision to refuse a license is one which could be reasonably arrived at by the Minister taking into account section 96 of the Education Act. I therefore dismiss the applicant claim and make no orders to costs,” the Judge wrote.
Dwight Horsford of Horsford and Williams Chambers represented Dr. Ferriera of Global Education while Tameka Burton along with Arthlyn Nesty represented the attorney general and the Minister for Education.
At the court of appeal, Burton told the court that matters to which the Minister referred fell “squarely within the issue of whether the Minister was satisfied that Global had at its disposal the requisite material resources.”
“The Minister was dissatisfied with the totality of Global’s resources and taking into account the fact that Dominica’s resources were stretched, declined to give permission,” she argued. She said that the judge was correct to uphold the Minister’s decision and that the Court of Appeal should affirm the judge’s decision.
Horsford’s main complaint is that his assessment of the State’s resources that can be available to Global is “incompatible with section 96 (g) of the Act material resources requirement and as a result the judge took into account irrelevant considerations and fell into error.”
In the judgment, written by Louise Blenman with concurrence from Davidson Baptiste and Gertel Thom, they stated, “The Court cannot encroach on the legislative function of Parliament by reading in some limitation which might be thought could be included in the wording of the sub-section in the face of the clear and unambiguous words of the statute.”
“In my judgment, the statutory provisions are clear and straight forward. The scheme of the statute is that the Minister can properly have regard to all of the material resources including the State’s material resources and not only those that belong to Global in deciding whether to give permission. There is nothing in section 96(g) which mandated the Minister to only take into account Global’s private material resources,” the judgement states.
The judgement continued, “In my respectful view, the judgment shows an appreciation that it is critical to good governance to ensure that the Minister and not the court, should exercise the discretion so as to ensure that the reputation of the country and the public interests are protected by the Minister being satisfied that an applicant has the requisite material and human resources. Anything short of this on the part of the Minister may well amount to an abdication of his responsibility.
“Accordingly, the Minister acted within the confines of section 96(g) and Global’s ultra vires challenge fails. I am of the opinion that the statutory construction/interpretation section of section 96(g) of the Act is inextricably linked to Global’s “illegality” “irrationality” and “unreasonableness” argument. In fact, I have no doubt that the determination of the statutory construction point effectively disposes of the appeal since it is clear that the exercise upon which the Minister embarked is precisely what he was mandated by the Parliament to do. It is evident therefore, based on the conclusion as foreshadowed, that there can be no proper contention that the Minister took into account irrelevant matters or that he acted “unreasonably’ in arriving at his decision.”
“And for the sake of completeness, I have no doubt that in view of the totality of the circumstances, the decision of the Minister was rational reasonable and lawful. In my view, the criticism of the Minister’s decision is unjustified bearing in mind that in his affidavit he has carefully explained what are the relevant matters that were taken into account in his dealing with Global’s application. The Minister’s decision cannot properly be impugned.”
From all that I have stated, it is apparent that I am of the view that the learned judge did not err in the conclusions at which he arrived and I for my part do not criticise his helpful approach in the circumstances of the case. His judgment is well justified.
Accordingly, Global’s appeal therefore fails. For the above reasons, I would dismiss Global’s appeal and make no order as to costs. Indeed, I am not of the view that any costs should be awarded to the Minister of Education and the Attorney General of the Commonwealth of Dominica, in keeping with rule 56.13(6) of the Civil Procedure Rules 2000.
This is a clear example as to why I left. Now lets get this straight. If the government had presented a medical summary from a some qualified medical team and stated that here are some factors that needed to be considered, then I could agree with them. What medical opinion can a minister give who has no formal education in that field to make a determination that the school should be or not be built. It has been almost 20 years since I departed and I have known Dr. F several attempts to have the school built not for him but for us. What’s wrong with you people. Stop living in this primitive world.
So sad. So sad. I feel sorry for my Country. Keeping back our own people. God sees and knows all.
Boy, look majie in the place. St. Jean taking this very personal, I think.
Doc, the International School of Graduate Studies can show you how to get a license.
The minister is just another product of a weak mind !
He dares to cheat Dominicans out of decent health care !
Look a fail state!!!! everybody fraid…
cervin. just go to another Caribbean island…
Peter St. Jean is a *******. Having a Medical school in a country is very good thing. the good doctor wants to impart his knowledge on the younger generation and you are denying him that chance. think of all the jobs that could have been created. Think about all the young minds from other countries who could study in Dominica. That’s a very foolish move on your part ST. Jean. Why cant you people put aside your political agenda for the advancement of the country. Shame on you fool. And you are importing nurses? I rest my case
This is good for doctor Ferreira he is in line to run the seat for labour in st joe. This is what you no longer support uwp for doctor? Come back home.
If the minister truly had a keen interest in development and understood the importance of support our locals he would discuss measures to he taken in support of the project rather than using the clause of lack of human resources available to administer the medical school..this is very punitive and bias of the court to support Government with their petty political excuses..Why the Government did not offer an ultimatum instead to work with the Dr to bring forth such development project….this was very petty and lack if understanding for promoting development project..wicked jackonian political system…Dr should reapply and find the resourceful personnel out if Dominica….do not give up Dr…foreigners can implement such projects whilst they also lack the key requirements of presenting proper financial statements prior to approval and the minister of education approves knowing that the foreign schools lack fiancial capacity to sustain the high expenses and creditability financially…t
I read the comments and it is so unfortunately that we form opinions without getting the facts. Have anyone of you read the education Act? Have anyone of you read the proposal the Dr put forward to the Minister? Have anyone of you read the Ministers reasons for the objection?
Based on your comments, none of you have read the papers I quoted above. Therefore, on what do you form your comments and opinion? I am unable to contribute to the discussions because like you, I have not read the documents.
When Ross started Ross School of Medicine in Dominica, how many students did he have?
What size of the house in dimension he lived in; and taught the first arriving students. Did he satisfy the local educational standards, whereas the highest educational system in the country was secondary, and we had an Extramural Unit of the UWI, which could not be considered a campus of the University of The West Indies!
So, what stupid papers are you talking about in the article people did not read? If Ferriera offered somebody some money in a brown paper bag under a table they would have allowed him his wish. If he is one of the same brothers, who wanted to set up a paper business in the country, each time they try to do something Dominica government screws them; if he is one of the same one of his brothers is married to a cousin of mine in Canada, even he lost lost of money trying to get the paper products started.
And we wonder why the country is the way it is with almost everything upside down and back to front. Oh Dominica…
Small minded people running the country like they think, but when Dominicans fail Dominica fail and the foreign interest they sell the country to will run everything, even them backward thiefing politician.
” Petter St. Jean, was not satisfied that Global would have the adequate material resources for dispensing the requisite educational training. ”
You see that in the quote above it is all hogwash!
What are the perquisites, or requisites in question? Who are the people who teaches medicine in any medical school whether it is located on a University Campus or any other physician training institution; For the benefit of the idiots in the Dominica government, anybody who is a medical Doctor; an M.D can indeed teach medicine!
That is the way is is done internationally: My dentist teaches dentistry, at a certain university in Los Angeles, she also operates a clinic. I know an orthopedic surgeon, as a matter of fact more than one who teaches orthopedics. I know a cardiologist who went into my heart recently who also teach at a university.
When Ross started Ross University in Dominica, he started in a house, with less than five people!
What does Petter when he does not have a…
What does Petter know, when he does not have a degree in anything!
They say he was a teacher, and religion preacher, it does not take education to become a teacher in Dominica, as long as someone go through grade (7) standard seven they used to be employed as teachers; I do not know if that still happens, but in a place like Dominica anything probable.
Now the only requisite that man needs is a Faculty list, of all the the people he would be employing to teach medicine, and their credentials in their field of medicine.
Secondly, he needed to produce the name of some University to which his medical school is associated, and teaches the same curriculum, and where his medical degrees will be accepted: i e. there must be a place for internship within an accredited institution; be it in Dominica or most likely out of Dominica, now that could have presented a problem, otherwise Petter and Dominica government crap is a joke!
The court decision stinks!
Francisco, I tend to agree with you but you should try to keep your comments very much shorter.
Also, Dr. F is/was a consultant at Ross, so im sure he has some knowledge of what is necessary to operate an institution. We need another offshore university. Doesnt have to be medicine, but we need one.
Every thing in DA is politics they would never like him to have medical school because he will never make them come with there shit. St jean. And company is ****, when the forien comes they will get cut but local they will not get
If the investment by Dr Ferrarah fails then it’s no loss to the government, so why not let the man invest his money in an endeavour where he feels he can make money and contribute to national development.So is the government going to turn down someone who wants to build and open another big hotel in the country? This decision by government is stupid, vindictive and shortsighted. It proves that if you are not red then you better off dead.This allows the government to keep the masses eating crumbs given to them by government and the country gets less developed as the government entrenched itself
Why does Petter St Jean and Labour government think that Dominica will not be able to have a third or even more medical school”s”? India identified computer technology as an engine for moving the country forward and invested in that endeavour and it has paid huge dividends, so why can’t Dominica select the area of medicine to provide a boost to the economy.Why do some people think that only physical things alone which can bring development? Dominica can become a major supplier of medical personnel for the region and the world? This rejection and decision by the labour party is nothing but a political hachet taken to someone who doesn’t support the labour party. The country is worse off for this short sighted decision.
They wonder why all the educated are leaving the island and giving their expertise to somewhere else?? This decision makes no sense!
He do NOT need a licence, he opened the first drug store in the ghettos.
i have taught in three government schools in dominica that are like literal dumps. i was surprised. maybe i dont understand the requirements st jean is talking about there.
Think Skerrit dem care about allu?? no kickbacks, no rare kissing, no permission
The good doctor is from St joe what the people have to say about it, the same ST Joe that voteing labor and ST JEAN takeing bread from there mouth what a shame we will hear more later growing up ST JOE was it now its poorest in dominica.
We are poor and happy. Don’t associate the good Doctor to St.Joe, where is mansion.? Surely NOT in St. Joe.! How many scholarship has he given to the Ghetto Youths? Dominica is POOR and I am a Proud St. Josephian and Dominican. Rich and arrogant nincompoop like you will never die. Leave us alone in our poorniest and keep your political garbage under your bed.
How sad. In light of present circumstances, Dr.Ferreira’s application should be reconsidered. He is a very good doctor. We need to be more objective in Dominica. How can we continue the way that we are going and expect to make progress.
THis is why Dominica will continue to go through the harsh storms,politics plays a big part in Dominica,Once your not bowing down to the Supreme Leader Skerrit YOU WILL NOT GET WHAT YOU WANT,Curvin you have done good for many,time will tell on these guys,the tables will turn in due time.You ran on the UWP ticket so that was expected by the little boys.
Wasn’t this dr. complemented in parliament recently as the only dr,. who works for the govt. on credit?
think of how the st joe / west coast would be transformed with the layout 5 star hotel and this dr’s medical school.
food for thought st joe overseas voters
quick solution, just be an independent nation builder like J. ISAAC
Yeah folks, let’s start building castles in the air. Just imagination to take you into the future, in real time too.
I really wonder if petter st Jean is a Christian or an
Eassian for a man of God he is insinuating a lot of
Trouble and devision among people
Petter repent
Petter repent
Petter repent
For surely your sins will find u out
Stop by my shop Dr. Ferraarraa, let me give you a paint job and turn your hair silk. Then you’ll have no poor blem getting your school. I remember when all of our priests in the Catholic Church had hair of silk. We keep ourselves down and want to blame the pale face people for de hard time.
We need another medical school but one that concentrates on tropical medicine and research of tropical diseases.
Dr. Ferreira would have no problem opening a Rum Shop.
“The South believed an educated Negro to be a dangerous Negro. And the South was not wholly wrong; for education among all kinds of men always has had, and always will have, an element of danger and revolution, of dissatisfaction and discontent. Nevertheless, men strive to know.”
― W.E.B. Du Bois, The Souls of Black Folk
The Minister must be satisfied that the applicant would have at its disposal adequate material and human resources to dispense the educational services for which the applicant seeks a permit. This is a perfect case of what comes first? The chicken or the egg? I am confused. My simple brain is reading this and i ask: if i am to start a school and grow dont i first need the permit then start and grow while building resource capacity? Is the minister and the court saying i should start the school without a permit, grow resource capacity, then apply for permit and show that i can handle? So, where is a man supposed to start. Here is a man trying to start a juncture and it is stopped because the state does not have resource capacity. Is that not what we refer to as job creation? And it seems like the court is ruling on the fact that because the minister has the power to say yes or no there is nothing they can do? What guidlines the minister used to come to that conclusion? I am lost.
Even if the decision to decline a third medical school made sense at the time, does it still make sense given the uncertainty of the return of Ross? Besides, wouldn’t the establishment of a new institution now send a powerful signal that despite Maria that Dominica is open for business?
Steve you cannot deny a man a permit because you think he does not have resource capacity. This is stupid. I can understand if the Dr. had a previous negative record which would prevent him from opening a school in first place. If it is a private school it is up to the Dr. To get resources and school functioning up to state laws and standards. Also if there were deficiencies in the permit applications then the approval process must allow applicant to satisfy those deficiencies so that he can get approved. At the end of the day if Dr. Does not have resource then he does what any institute or business should do to get going, hire staff outside of country. It is mind boggling to me that a minister can say no to a citizen whe has a progressive interest. If the school gets successful we have Ross as an example to see the economic effect. It is an opportunity to build long term growth and development. I am really lost at the reasoning and critical thinking in this place. If it fails
for lack of resources then so be it. So if i were to come apply for a permit for a business the responsible minister can deny me permit because in his mind we do not have capacity? That is left for me to figureout through sourcing, marketing, sales, advertising, and all the other fields we send people and study and cannot employ them. I have said before our system of government is tbe biggest cause of decline in our people. It is designed to keep us destroying one another and it seems like only when politicians have a financial gain that things get through.
the question is what deficiencies? what is the criteria? on what grounds or premise did the minister think the doctor did not have resources to establish a school? was it just his whimsical opinion? or were facts necessary ?
Skerrit dem sitting on their brains, they can’t think that far
Yes, so maybe Dr F should now reapply as that was not the question that the court was deciding upon.
Steve, I do not know why I seem to always respond to your comments, but I do believe Petter had some ulterior motive not to give a native son permission to set up his medical school!
I do not know if you are a Dominican born, if you are; you must be aware that we like to deprive our people from doing anything significant in the country, every and any foreigner who comes into the country even penniless, government will even give them money to wast; long as they say they can do something. but our own like that guy it would be miracle!
That is bad! A third medical School would not have made a difference: If there were already two prior, of which the student body consists of all foreign students from North America, and as far as Africa which kept the two alive; the Dominica originated school could have got its share of students from overseas also, since it could not depend on a nation of so few people for students.
This man is such a huge asset to Dominica. He is outstanding in his profession and there will come a time when he decides to retire. What a waste to not allow him to build another asset for Dominica and all the employment and income it would generate. I think all of us can see why it was turned down, and who was involved and why… What a waste of an opportunity for no real decent or valid reason. Dr Ferreira, you are a man who makes a huge difference to women all over the island and your waiting room is always heaving as evidence of your manner and knowledge, we know that you are expert and I’m sorry you have to contend with this utter nonsense. It’s embarrassing when you are the person that you are and should be respected for your continual dedication.
Please let there be a change!
But doc you wrong. you are NOT an associate of Range Developments, you are NOT part of the The Silver Beach Resort, you are not part of Oriental Developers Caribbean, the high Court had already judged against you and you expected the Skerrit’s Court of Appeal to rule in your favor? Really? You forgot you ran against him man doc? I’m sure not surprised because NO one can win when the umpire is a member of the club, they always have home court advantage, scorers are members of the club and everything everywhere belongs to the club. So Doc I give you wrong to even make time to attend the appeal
Sad season continues in DA. Two reasons; this is a prime example of the ills of bureaucracy of the state, where ur senior knows less but still call the shots. To be fair the Law provides for the Minister to make the decision, however, what the law does not make provision for is for the Ministers to be trained or capable in their role, so the Minister in this case chooses to err on the side of caution as this thing of medical school is beyond his remit. Fair!!
The other thing is Dominica must begin to recognize it’s human capital and capitalize on that. Dr. Ferreira has maybe 40 years of medical experience both practicing and teaching, are we going to wait till he is dead to have that knowledge buried instead of transferred? Dominica will be the first OECS island with it’s own homegrown Medical school. This will be an advantage to train medical workers from the other islands etc..more income for DA. Gov’t must facilitate it’s people, not block them with nonsensical bureaucracies.
That material posted is so confusing. Take into account most of us, our attention span is quite short. Just make a freaking summary of what was said and not repeat the entire story. He lost his bid to set up a medical school in Dominica because of ‘BLAH BLAH BLAH’. That’s all I need. And, who the hell is St.Jean to come and say what is lacking? The man wants to set up shop, just allow him and make sure he comes up with what he needs. Look at how the Chinese just coming in and opening up shop selling inferior items on the island( I mean LEAD INFESTED ITEMS). Africans have medical schools on the island, even a private hospital and one LOCAL trying to open a medical school and your rejecting him stating that he lacks resources? My fellow Dominicans I tell you are a BAD BREED. I’m not at all surprised because they are the same wherever they go…..they rather see someone else succeed rather than their very own.
That is why Dominica will always be below par in……….in everything, always shutting down locals who trying to do something for the island, everyone will start leaving…
…correction; “continue” to leave
Ross started very small in the 80’s.
I am surprised, as long as Roosevelt Skeritt is Prime Minister, anyone top official affiliated to the UWP will not win a case in the courts. DR. Ferreira was the United Workers Party candidate for the St. Joseph constituency, in a general election.
Typo: any top official
yes but that was almost 15 years ago
He should understand by now how things work here. A business proposal will “slide” better if the relevant hands are greased. Come on man and present those buckets of bobol-strengh slide-enhancing grease if you want that venture to fly off the ground.
. “The Minister must be satisfied that the applicant would have at its disposal adequate material and human resources to dispense the educational services for which the applicant seeks a permit. This is a perfect case of what comes first? The chicken or the egg? I am confused. My simple brain is reading this and i ask: if i am to start a school and grow dont i first need the permit then start and grow while building resource capacity? Is the minister and the court saying i should start the school without a permit, grow resource capacity, then apply for permit and show that i can handle? So, where is a man supposed to start. Here is a man trying to start a juncture and it is stopped because the state does not have resource capacity. Is that not what we refer to as job creation? And it seems like the court is ruling on the fact that because the minister has the power to say yes or no there is nothing they can do? What guidlines the minister used to come to that conclusion? I am lost.
Give him a break there is something they call inspection of school so if he fail then it could be reject try again Dr to many people taking over our country
This topic is too important to not be revisited . Both parties should make an honest bona fide agreement to bridge their differences . For that matter what is it that the other medical schools in DA are able to provide that the plaintiff cannot ? where there is a will there is a way . Sounds to me that there is some partisanship here .
Very much surprise his collegues did not granted him permission,fight among all yourselves.
Pass more monies under the table for the champion and all will be well.