UPDATE: CCJ constitutional admendment passes

Douglas said all issues concerning the CCJ have been addressed
Douglas said all issues concerning the CCJ have been addressed
Dominica’s Parliament has passed a Bill to amend the Constitution and obtain the legal permission for Dominica to move away away from Britain’s Privy Council to the Caribbean Court of Justice (CCJ) as the island’s final Court of Appeal.
The vote was mandatory to be cast individually by only elected Members, according to a government statement. All 18 Labour MPs voted in favour, the Leader of the Opposition, Hector John, abstained and former Prime Minister Edison James as well as Roseau Central MP, Norris Prevost were absent at the time of voting.

Debate on the matter got underway in parliament on Tuesday morning.

Douglas told the House that members of the public who are concerned about matters such as the funding, the quality and competences of the judges of the court, the court’s independence and vulnerability to political manipulation and security and tenure of its judges, should not worry.

“All of these issues have been addressed and adequately catered for in the formulation of the CCJ,” he said. “Salaries and terms and conditions of service are not at the mercies of either government of the region or individual politicians during the term of service of the judges.”

Being part of being part of the CCJ, he noted, will assist in forging closer ties with regional institutions such as the Eastern Caribbean Central Bank, the University of the West Indies, and the West Indies Cricket Board, among others.

The legal affairs minister also stated that 80 percent of the former colonies of Britain have moved on and established their own final courts.

“In fact the Privy Council itself has already indicated its intention to have the Caribbean countries establish their final courts,” he noted.

He further argued that the president of the Privy Council has already said that appeals from the Caribbean should end, “and that the ultimate court of appeal of any state should be in that state staffed by citizens of that state and not by outsiders.”

Opposition Leader, Hector John, said although the United Workers Party is in support of the move to the CCJ, there are issues to be addressed.

“Madame Speaker as we have said on numerous occasions we on that side, we are not against the CCJ,” he said. “We see it as important. We see it as the Caribbean people standing up for themselves.”

But John questioned why the rush to the move to the CCJ.

“Why the rush? Why the lack of consultation with the people of Dominica?” he asked. “Some would say that they had consultation, but how successful were the consultations in the public interest?”

The first reading of the Bill took place at the Fifth Meeting of the Fourth Session of the Eighth Parliament on Wednesday, March 19, 2014, following which a 90 day period had to elapse before the second and third readings.

The Bill required the vote of three quarters of House members to proceed.

The act is expected to go before the President of Dominica for assent.

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20 Comments

  1. River Street
    July 3, 2014

    Well done. It is time we drop the mantles of colonialism. Onward Forward.
    I’m surprise at the opposition’s stance. These guys lack any sense of nationalism. This was a time to be expressive and stand for something. Hector you are neither hot nor cold,therefore I will spew you out; Parliament is not Monroe College debate team.

  2. I amwhatiam
    July 3, 2014

    Mr. P M it’s not everything that is cheap that is good.

  3. joe
    July 2, 2014

    I want the media to ask Mr. Lennox Linton how he feels about the move, and follow it up with his case vs KPB.

    I want him to tell the public how happy he is right now as he no longer have to go to the Privy Council, instead the CCJ will come to him in DCA, he can save lots of cash for his campaign!!!!

    KPB is Irish so he would not have to worry about hotel fees etc.. So even if Spags and them abstained Lennox is excited and rejoicing.

  4. A Valley Man
    July 2, 2014

    The cost of Justice is very expensive whether it is the Supreme Court, Appeal Court , Privy Council or CCJ. In all cases it will be the poor and marginalized that will suffer because they cannot afford the cost of justice in Dominica. So Time will Tell whether we will be able to afford going to the CCJ and whether the CCJ will be able to dispense justice in the Caribbean.

  5. We the People
    July 2, 2014

    The next step is for the other states of the region to get rid of the British Queen as their Head of State. :?:

  6. Pondera
    July 2, 2014

    This is a great move by the government. I believe we have had enough consultation and that it is high time that we move away from the Privy Council. Our legal luminaries are just as qualified and capable as those in the UK. I am happy that one of the last vestige of colonization is about to be a thing of the past in Dominica. Confidence in the CCJ will evolve. This is a gift for us the people of Dominica. Justice has come to our door step. Lets have a big ceremony to mark our cessation from the British Privy Counsel. It is a great day for us in Dominica.

  7. opposition
    July 2, 2014

    Hector I must give you credit you are living up to your name. all you do is oppose for opposition sake. you deserve an award.

  8. rol
    July 2, 2014

    I do hope this move is for the better and not for worse, i am always for change for the better.Now that we are amending things I think we should go ahead and remove the powers of the prime minister to hire and fire judges, let the people vote them in. In that way no party will appoint judges favorable to them.

  9. MyOpinion
    July 1, 2014

    That speaker of the house bias.

    • Osanna Mowanga
      July 1, 2014

      she needs to go to her home.Too bias. extremely one sided.

      • ????????
        July 1, 2014

        Osanna Mowanga Don’t you read..???.. Where is anything in the article saying anything about the Speaker or proof that Madame Speaker is biased????? You came with your preconceived notion that the Speaker is biased. Please reread and reread again and I am sure you will realise that your comment does not make any sense.

    • ????????
      July 1, 2014

      Same to you “Myopinion” …. Don’t you read..???.. Where is anything in the article saying anything about the Speaker or proof that Madame Speaker is biased????? You came with your preconceived notion that the Speaker is biased. Please reread and reread again and I am sure you will realise that your comment does not make any sense

  10. dafriend
    July 1, 2014

    I agree with the UWP. Why the rush? Why are the people of Dominica not consulted in such important matters?
    Typical DLP, everything done behind closed doors and when things are decided amongst themselves we hear about it in the news, if we are lucky. This government/Prime Minister governs like a dictatorship.

    • ????????
      July 1, 2014

      defriend if you were listening to the News and not gossip or repeats, you would have known that the CCJ has been spoken about in the news for a long time now. Too much hatred of the Government clouds your thinking. Stop being political and be objective. No one did not behind closed doors and you should not hit at the PM. If you were listening, you would have heard of the discussions with the people about the CCJ. Chronic Criticisers are always unhappy persons who are finding fault with everything. Food for thought for all those “Chronic criticisers” who are disgruntled .. love no one not even themselves… Repeat all they hear from others without even investigating the validity of rumours.

    • A Doubting Thomas
      July 2, 2014

      Dafriend there were many sessions all over the island informing and explaining to Dominicans what was about to happen and how important it was going to be for our country and people. If we failed to attend any of these sessions, we cannot blame anyone.

    • Anonymous
      July 2, 2014

      The door was open. Uwp member just did not walk in.

  11. Edward
    July 1, 2014

    A lawyer acting on the behalf of the Government in a case against told me that if i win that case she is walking ministry naked,, When the matter ended, the judge informed the court that his judgement is reserved and when he returns in two weeks he will give his findings

    on the day of the results the judge reopened the case and asked a few questions before ruling against me.

    for some time now i am trying to woner if that lawyer walk naked at the fortyoung before the ruling..

    i know that justice in dominica is for a certain set. they are setting the precedent for serious attacts on them, all they do is destroy people lives,

    to say the least, i am not in favor of the ccj. the privi council should be left as an option. anytime someone can take a flight and visit a judge withing a certain jurisdiction it does not spell right.

    there will be no justice, there will always be political interferance and bias.

    • joe
      July 2, 2014

      So Edward why didn’t you take your case to the Privy Council???? It was our highest appellate court you know.

      You will need a flight as well!!!

  12. July 1, 2014

    we all know that ian always speaks in the interes of the party but where do he put his constituencies concerne and thier interest they the people who voted for you to represent them they does not have needs they does not have concerns when you put party before people people will surely loose confedence in you and that is the same for all the labour prty elected member of the house they abandon thier constituencies its time for a change we are fed up with labour lies change is a must not an option

    • ????????
      July 1, 2014

      Petite Savanne Voter.. the article is about a debate re the CCJ (Caribbean Court of Justice). Your comment is unfounded… The House met to discuss about Dominica joining the CCJ. It is high time that you all start to understand certain things for example in this instance is the Government side debating about why DA should join the CCJ. The Leader of the Opposition although supporting the move gave his reservation that they should not rush into joining the CCJ. It is high time that the bloggers read and reread the news item and if they cannot understand ask someone to explain to them before making stupid “always political” statements. Whether you support who you want, doesn’t make it right to just say anything even if you do not support the ruling party.

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