…Court “stands as both a product and a beacon of regionalintegration” – Justice Saunders
By Feona Morrison
The Caribbean Court of Justice (CCJ) on Wednesday opened its second itinerant sitting in Guyana by reiterating its commitment to serving the Caribbean people with excellence.
CCJ President, Justice Adrian Saunders
Members of the Judiciary and the legal profession were out in full force for the ceremonial opening, which commenced with a procession of members of the Judiciary led by CCJ President Justice Adrian Saunders in the compound of the Arthur Chung Conference Centre (ACCC) at Liliendaal, Greater Georgetown. Following them closely was a marching band consisting of members of the Guyana Police Force (GPF). An inspection of the guard of honour was conducted by Justice Saunders. These activities ushered in the scheduled cases the court would hear and deliver judgements in.
While delivering remarks, Justice Saunders noted that the itinerant sitting is the regional court’s first in-person sitting for quite “some time” since the onset of the COVID-19 pandemic.
Chief Justice (ag) Roxane George, SC
Importantly, he said, history will forever record that Guyana was the first country to repose “full trust and confidence” in the CCJ when it acceded to the court’s Appellate Jurisdiction from day one of the court’s existence. The court was established on April 16, 2005.
The distinguished jurist also used the opportunity to reiterate the court’s commitment to delivering justice. “It is only fitting therefore that we [the CCJ] should take every opportunity that we can to reiterate and demonstrate our commitment to provide accessible, fair and efficient justice, not just for the people of Guyana, but also for the people and states of the Caribbean Community [Caricom],” he declared.
Symbolic significance
He said the CCJ’s visit at this precise time also holds some symbolic significance, because Caricom, which is headquartered in Guyana, would be observing its golden anniversary in a few weeks’ time.
Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards
He added that the late Justice Duke Pollard, a Guyanese national and former Judge of the CCJ, had referred to the regional court as the “institutional centrepiece of the Caricom Single Market and Economy”, and he noted that this was, and remains, a fitting descriptor of the apex court.
Justice Saunders continued, “The CCJ stands as both a product and a beacon of regional integration. The court is one of the vital means through which the aspirations of the people of the Caribbean Community for peace, justice, economic advancement, security, stability can be realised.”
Stressing the importance of itinerant sittings to the perception of justice, he noted, “A regional apex court cannot function as effectively if it is perceived as a remote, brooding… Judges must avail themselves of appropriate occasions to interface directly with key stakeholders. Throughout the region, people of all walks of life need to have the opportunity to see, from time to time, in flesh and blood, those who pass ultimate judgement on them.”
As such, over the next week, the CCJ has scheduled a “compact and robust schedule” of meetings with members of civil society and the public.
Justice Saunders is accompanied by CCJ Judges, Maureen Rajnauth-Lee, Jacob Wit, Denys Barrow, Peter Jamadar, Andrew Burgess and Winston Anderson.
Caribbean jurisprudence
For her part, Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards, emphasised that the regional court has been working assiduously to carve out a Caribbean jurisprudence that is second to none.
“This court is known to be revolutionary, forward-thinking, and even groundbreaking in some of the decisions it has given over the years. And since its establishment, to date, the court has presided in 111 matters for Guyana alone,” she revealed.
In highlighting the subject matters, including criminal law, land law, constitutional law, and elections cases from Guyana, Justice Cummings-Edwards pointed out that it is evident that Guyana has contributed significantly to the development of the court and its jurisprudence.
“May the court be vested with Solomonic wisdom, industry, and wise counsel,” the Chancellor expressed as she welcomed the CCJ’s Bench and staff to Guyana.
Chief Justice (ag) Roxane George, SC, said that for Guyana, the CCJ is a household name, as the decisions of the court have been impactful, not only in relation to individual litigants, but on the nation as a whole. To this end, she extended congratulations to Saint Lucia on its recent accession to the CCJ’s Appellant Jurisdiction.
“We look forward to other sister territories embracing the CCJ as their final appellate court, as it ensures greater access to justice for more of the peoples of our region, weaving together the several strands that make up the jurisprudential tapestry that is evident in our region.”
With that island nation joining the CCJ, there are now five countries using the court’s Appellate Jurisdiction; the others are Guyana, Barbados, Belize, and Dominica.
“The CCJ embraces the diversity of our region, while emphasising the necessity for inclusion and harmonisation, as it leads our jurisdictions in ensuring that the rule of law is upheld both in its Original and Appellate Jurisdictions,” the Chief Justice said.
According to her, the CCJ is not only an apex court rendering final decisions, but is also a champion of judicial and legal education through its educational arm, the CCJ Academy for Law.
She was keen to highlight that the CCJ engages with Bar Associations, the Private Sector, Civil Society, and law students, tangibly demonstrating that it is a court of and for the people.
“The CCJ has set a very high standard leading us in the advancement of court technology and inspiring us as it has done to achieve excellence in court and judicial administration. And in doing so, this enduring regional institution, which celebrated its 18th anniversary this year, educates, guides and enjoins us to ensure that, in upholding the rule of law, we engender public trust and confidence in our justice systems. Guyana is honoured to have the Caribbean Court of Justice as its apex court,” the Chief Justice proudly remarked.
Attorney General Anil Nandlall, SC; staff of his chambers; members of the Judiciary and Magistracy; members of the Bar; staff of the Office of the Director of Public Prosecutions (DPP); and law students were among those who attended Monday’s opening ceremony.
For the second time since 2014, the CCJ, which has its headquarters in Port of Spain in the Republic of Trinidad and Tobago, is sitting in Guyana. During that previous sitting, a special sitting was held to mark the retirement of one of its Judges, Justice Dr Désirée Bernard, a Guyanese national.
