Parliament to meet for CCJ Consitutional ammendment

The parliament building in Roseau
The parliament building in Roseau

Parliament under the Commonwealth of Dominica Constitution gets underway at 10:00 am on Tuesday, July 1, 2014 at the House of Assembly on Victoria Street, Roseau.

At that meeting, Minister for Tourism and Legal Affairs, Ian Douglas will move a motion for the second and third reading of an act to amend the Constitution of the Commonwealth of Dominica to facilitate the establishment of the Caribbean Court of Justice (CCJ) as the Final Court of Appeal in Dominica and to provide for related matters.

The first reading of the act 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.

Prime Minister of Dominica the Roosevelt Skerrit announced in January 2014, that Dominica had received no objection from the Government of the United Kingdom to move
away from the Privy Council and recognize the CCJ as the final appellate court.

“We believe that the Caribbean Court of Justice is the best thing for justice in Dominica and justice in the Caribbean,” he said. “It will allow for greater access to the courts. We believe that it will cause for there to be a greater justice for all our citizens in Dominica and the Caribbean and it is a mature move, it is a
responsible move, it is a progressive move and it is a move towards gaining our full and outright independence as a people, as a country and as a region.”

Other items on the other paper include, a presentantation by Douglas of the Discover Dominica Authority audited financial statements for the year ended June 30, 2012 while Minister for Information, Telecommunications and Constituency Empowerment, Ambrose George, will present the Dominica Broadcasting Corporation financial statements for the year ended June 30, 2012.

 

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25 Comments

  1. A Valley Man
    July 1, 2014

    When Mr. Peters the current attorney General was in private Practice he publicly said that he was not in favor of the CCJ .He owes it to the people to say what caused him to change his mind. Is it the glamour of being in Government? I wonder why Trinidad and Tobago where the CCJ is located and who provide significant funding refuse to join the CCJ and we want to boast we are the first in the OECS. I am sure most Dominicans did not know that the CCJ Headquarters was located in Trinidad. I do not believe a word Skerrit has to say about the CCJ or anything for that matter because he has said no law, not even the constitution and I add no court can prevent him from doing what he wants .

  2. joe
    July 1, 2014

    For those who don’t know government cases hardly goes to the Privy Council, in most cases the Court of Appeal is the furthest it goes… And it is very narrow to believe that the only cases that will be heard is those against Governments, most cases am betting will be civilians vs civilians.

    I for one is happily welcoming the move!!

  3. Anonymous
    July 1, 2014

    You cannot criticize the court system in Parliament.

  4. Anonymous
    July 1, 2014

    Skerritt and them can shout out no problembut anyone else on the other side cannot. Pathetic !

  5. Anonymous
    July 1, 2014

    Alix Boyd Knights ……….. This parliament is a joke. Debate ? Non-existent .

  6. malick
    July 1, 2014

    This is a good move as it allows us to determine the best legal way to move forward for us …….. the United States of the Caribbean.

    However I share the sentiments of many Dominicans and Caribbean residents that say we are still not yet ready. The problem is not the CCJ systems it-self….rather the problem is with the politicians and other influential individuals who continuously try to circumvent the rules and guidelines that governs the CCJ system, as well as the responsibility and discipline that this institution call for.

    It is my opinion that the CCJ system does not have the necessary infrastructure in place to tackle incidences as describes above. There should be greater national awareness geared towards educating every Caribbean citizen on the workings of this institution and its policies. There a just too many aspects of that CCJ system that the ordinary Dominican citizen is not familiar with.

    How can you then expect us to embrace it?

    • joe
      July 1, 2014

      Malick I am sure Mr. Lennox Linton is excited that he no longer have to find all the thousands of dollars to go to the Privy Council with Mr. KP Byrnes…..

      Ask him if you think i lie!!!!

  7. Francisco Telemaque
    June 30, 2014

    ” Minister for Tourism and Legal Affairs, Ian Douglas will move a motion for the second and third reading of an act to amend the Constitution of the Commonwealth of Dominica to facilitate the establishment of the Caribbean Court of Justice (CCJ) as the Final Court of Appeal in Dominica and to provide for related matters.”

    I am surprised that the people of Dominica are not in the streets protesting this act! The CCJ as it is right now seems to be kangaroo court, based on some bad verdicts which has been rendered, and the Bajans refused to recognized. Once we move away from the Privy Council in England, one can expect that laws created, and in effect will no longer fall under the practice of Common Law.

    In such a case, Judges will simply impose judgement on the poor, and helpless, as we find in some totalitarian States or country. In France, the Judges has all the power, they write the law as they go along. One never knows what the outcome of a case is going to be. The same applies in Italy, and some other countries in Europe. The opposition, John, and Prevost should protest, and object to this act.

    If it becomes reality, when the government is changed the new government must by all means repeal the act, and return to the old system; back to the Privy Council in England. Here we have a situation, where eighteen so called politicians can get a lawyer to file a frivolous law suit against Lennox Linton, who made an open statement, without implicating (mentioning) the name of any of the eighteen, and a court accepts such a law suit, which some Dominica puppet judge, or magistrate may rule bogus in their favor of the eighteen.

    If the matter gets to a point of appeal who knows what outcome will be, based on the conduct in a lower court. In the Caribbean all of the politicians, and lawyers knows each other, a simply phone call can change the outcome of a case, the innocent will for the better part of the time will be held liable, while the guilty, and people with political connections, and power will prevail. In the case filed against Lennox Linton, I researched to see if there is any such precedence set in the past, I found none, so it is going to be interesting to see the outcome of this case.

    Francisco Etienne-Dods Telemaque

    • Sout Man
      July 1, 2014

      Big man, Francisco, you are full of hot air and you are deliberately misleading. Where and how did you conduct your bogus and fictitious “research”? Bro, this is a defamation case for which there are gold mines of precedence in the Caribbean.

      Right here in Dominica we have Kieron Pinard Byrne vs Lennox Linton. Yes, the same Lennox who lost, pending an appeal. Ambassador vs Calypsonian was a defamation case. Journalist was jailed in Dominican republic for libel and slander. St. Kitts PM was paid $350 000.00 for defamation. Canadian textile multinational corporation, Gilda Activewear, sued 2 journalists for defamation about causing harm to the environment in St. Kitts. There are hundreds more.

      If we are not ready for CCJ now, when will we? We were not ready for the University of the West Indies nor were we ready to abandon GCE for CXC, for fear of being inferior. We were reluctant to have our children attend the Isiah Thomas Secondary School in St. Joseph for fear of not being up to par with DGS, Convent and SMA. The same was said of the Marigot, Castle Bruce and Grand Bay Secondary Schools. Today, Grand Bay School has produced students with Ph. D. and master’s degrees.

      The United States did not depend on the Privy Council, yet you recognize them as the greatest. They use their criminal “justice” system to uphold racism, inequality and discrimination. How long are we going to kiss up to our colonial masters? Furthermore, all our judges, lawyers and prosecutors are trained in the UK, Canada, US and other Commonwealth states in addition to a fraction from UWI.

      PS: Please do not keep saying that lawyers “knows”. Did the “s” just unknowingly get in there again?

      • Francisco Telemaque
        July 2, 2014

        Stout Man, as far as I heard, Lennox Linton prevailed over Pinard, now as for the matter involving the Calypsonian, that is indeed a bogus ruling! In another country, even in another time, I bet way back in the thirteenth century, Aaron would not have prevailed. Now if you followed the case; just as I was told that the calypso singer representation was poor; chances are if he retained an reputable attorney who knew how to present and argue a case, the man would have walked out of the court without any liability to Aaron. You do not seems to understand that in places such as Dominica the Justice system is flawed.

        I learnt a very long time ago that the players in our Justice System especially the magistrates, and Judges, most of the time renders decisions in the favor of those whom they favor; and not basically on the fact of the matter, nor on any legal grounds, or precedence. Citizens have taken matters to court. The complaints retained attorneys to represent them, even when the case are supposedly filed in court; they are never heard, they remain in the court dormant, never to be heard.

        Tell me why Gong Emanuel case is not heard? Could it because of the people involved, and their money, and political influence, and profession?

        You need to accept the fact that most matters; politicians usually influence the outcome of cases. And that is unique to the Caribbean. There was a Dominica Judge; the man you will be happy to know hales from the village of Grand Bay. He was a Judge in the high court of Antigua. I can give him credit of being a highly creditable, and ethical man.

        I lived on the island of Antigua then, and was involved in politics on that island, I was on the inside I wasn’t playing politics then as I am here fooling around simply voicing my opinions. I knew for a fact the late Donald Halstead, a minister in the George Walter government the (PLM), tried to influence the outcome of a case that former Dominica Judge was presiding over. He might be one of the only Dominican I have every respect for, because he walked away from the bench in Antigua, returned to Dominica rather than becoming a puppet to the government of Antigua, and the late Donald Halstead. The Antiguan’s could not influence him. Perhaps you have heard the name Cenac, he was also a Judge in Dominica, he was a friend of mine, I meet him when he was a Magistrate in Antigua, Grenadian born, people like him cannot be bought by politicians.

        The Dominican is yet alive, and if I mention the positions he held in recent years, everybody will know who he is: Mr. retired Judge, in case memory has fade you, it was about the same time when you were in court presiding over a case, when I brought the late Insp. Wordsworth Telemaque into the court house to visit with you. You may remember that you immediately adjourned court and went out with Wordsworth. Prior to that we crossed path while you prepared the contract between the government of Dominica, and the West Indies Oil Company, giving the company the legal right to operate in Dominica, I was the kid who was sent from Antigua, a few times to pick up the documents from you.

        On the other hand Stout Man, the laws of the land and the exams taken at the UWI, are two different situations. They rule in Aaron’s favor because of his political connections okay, and that’s how it works in Dominica, and on most of the Caribbean islands. Watch out for the CCJ!

        Francisco Etienne-Dods Telemaque

    • Sout Man
      July 1, 2014

      @ Francisco: Big lie about judges in Italy and France writing the laws as they go. French workers have awesome power.

      PS: Please do not say “judges has”.

      • Francisco Telemaque
        July 1, 2014

        Okay, well; what type of law do they practice in France, and Italy? It is alright to say something is a lie, nevertheless, when you refute what someone said, you must be prepared to present what you know is the truth of the matter.

        I am telling you in France, Italy, Spain, their system of Law is something term “Codify.” Theirs is a codify system, in that they do not interpret laws as the is done under common Law. Hence they do not argue cases based on any precedence. The Judges maintain the power to decide who is wrong, and who shall prevail.

        If that is not writing the law as they proceed, what else could that be? Now if you wish to counter me, give it your best shot, let me see what you have! In any event before you commence talking you need to get yourself acquainted to the legal system in the countries I mentioned I am sure theirs is a system of codification, and unless you are familiar with that form of legal system, do not bother to argue with me because I will embarrass you where it pertains to that system.

        And wether I say the judges have, or has, who cares.

        I know: We have
        He has

        She has; you have

        They have; you want more? I can teach you English if I wish, but that is not my purpose okay!

        Francisco Etienne-Dods Telemaque

  8. citizen
    June 30, 2014

    If this is government of the people for the people by the people why then the people are not given the opportunity to vote through a referendum to state their position on the c c j since that is an option on the move for compliance.
    Politicians looking for a way to hide their guilt and get cover from their friends looking for a way out and i do not like that.
    why do not Jamaica, Trinidad and Tobago, and who have so many brilliant lawyers are not members of the c c j why is Dominica with an A G whose qualification to that job is questionable that want to take that lead?

  9. citizen
    June 30, 2014

    If this is government of the people for the people by the people why then the people are not given the opportunity to vote through a referendum to state their position on the c c j since that is an option on the move for compliance.
    Politicians looking for a way to hide their guilt and get cover from their friends looking for a way out and i do not like that.
    why do not Jamaica, Trinidad and Tobago, and Barbados who have so many brilliant lawyers are not members of the c c j why is Dominica with an A G whose qualification to that job is questionable that want to take that lead?

  10. For themselves
    June 30, 2014

    Amendments for getting us to accept the CCJ as our final court of appeal. But no changes or reforms to the Electoral process, which would ensure FREE and FAIR elections.

    Same animal. Same fur. Illegal acts – Firebombing, Passport sales, No transparency, Corruption. Who ‘fraid and running to make the CCJ our last Appeal Court? They care about saving their hides. They are not interested in justice, not one bit, not for the ordinary people.

    Look at the firebombing, horrible, criminal act against two innocent elder Dominicans. How many Years now? Investigations still going on? Who was defending, protecting publicly on radio that horrific act against Mano and his wife?

    Who tried to implicate them, saying is Mano who may have set his own house on fire? Who twisted and turned the facts? Where is the justice? Those in authority, who steal from the public purse, who are engaged in corrupt acts never face justice. Those who are involved in all kinds of corruption are having field days.

    All institutions are seriously influenced and have lost their independence due to political operatives putting spokes in the wheels of justice.

    Remember who was posted on the dual citizenship case, involving Skerritt? He did not take the stand, for fear of implicating himself. He was not allowed to display his passport in court to verify that he possessed a French passport, which he alone would have in his possession. But that same Lawyer worked in Antigua, during the Bird’s reign in Govt.

    Think for yourself. Was it coincidence or deliberate. that the said Lawyer was on that case at the crucial stage? Which Lawyer here also worked with, or for the Bird Govt. in Antigua? Whose fools are we?

    • Really
      July 1, 2014

      Ninety-nine days for the thief, but ONE day for democracy. Power in people is greater than people in power.

  11. zagayan
    June 30, 2014

    I am still not confident that the awareness and promotion has been undertaken as it should have.

    • >>>>>>>>
      June 30, 2014

      @zagayan
      The majority of dominicans do not know a “heck” about this CCJ thing. Only heaven knows why the rush was so clearly evident.

      • gospel
        July 1, 2014

        the internet can google alot of information on the CCJ TO EDUCATE YOURSELF WITH, find the time to knowledge yourself.

    • Anonymous
      July 1, 2014

      How much awareness and promotions did we get about the Privy Council??

  12. joe
    June 30, 2014

    Great move am impress!!!!! First again in the OECS Congrats, we are the leaders!!!!!!!!

    • calypsonian
      June 30, 2014

      Since you are so confident that we are leaders in this area then why do not we lead in the national justice system, lead in the economic system, lead in Agricultural production, employment and so on, lead in free and fair election lead in a corrupt free government. and then i can support your opinion.

  13. A Valley Man
    June 30, 2014

    Why not the Budget presentation at this sitting of Parliament? The Financial year ends today ,June 30. which more urgent now ,CCJ or the Nations Budget? I would prefer if the people of Dominica could decide their own legitimate future rather than our past colonial masters and our present corrupt government.

    • We the People
      June 30, 2014

      We make our own decision by voting the Labour Party in Government.

      • Really
        July 1, 2014

        And you will feel their blows and start bawling when they impose more taxes on you making excuses about the world economy meanwhile, their bank account fat and dripping. Idiot

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