CONCLUSION
The CCJ has greatly improved the Commonwealth Caribbean’s access to justice. It
has made it possible for people, regardless of their social status, financial condition and
geographical location to access justice, which they may have been unable to attain under the
Privy Council. The citizens of the countries that have accepted the CCJ as their final
appellate court namely, Guyana, Barbados, Belize, and Guyana, have immensely benefited
thus far. For instance, in the Elizabeth Ross v Coreen Sinclair case, both women were poor
and could not afford litigation before the appellate court, however, their financial state did not
prevent them access as they were granted an appeal in ‘Forma Pauperism’. Thus, the CCJ is
not restricted to only the very wealthy and the governments, but also allows ordinary people
like Elizabeth Ross and Coreen Sinclair to achieve access. While the Privy Council offers
some high quality rulings, the issues such exorbitant costs, the inability to adequately identify
with Caribbean culture and its undermining of Caribbean sovereignty greatly outweighs
them.
Thankfully, the establishment of the CCJ and the changes that it brought can rectify
these issues. The CCJ significantly reduces the cost of justice through a more accessible and
affordable location, Forma Pauperism, video conferencing and e-filing. It is important to
note that access to justice is more than just affordability and being able to improve an
individual’s access to courts and guaranteeing them legal representation. There is no access to
justice where marginalized groups, in this case Caribbean citizens, view the justice system as
alien and because of this refuse to access it. Caribbean people view the Privy Council in this
way since it is built on English precedents that do not relate and incorporate the region’s
culture, goals and objectives and consequently, Caribbean citizens just refuse to access it.
There is also no access to justice where the Privy Council only hears a limited number of
cases, with many of Caribbean cases being left unheard. In order for access to justice to
prevail in the Caribbean, all these factors must be taken into consideration.
The judges under the CCJ better understand the economic, social and political
structure of the Caribbean region as well as the norms, practices and beliefs of the people it
serves. Therefore, they are better equipped to make decisions regarding Caribbean issues.
For instance, common law relationships, which are very prevalent in the Caribbean, are not
addressed by the English common law or statute since this type of relationship is not common
in the UK. If a Commonwealth citizen were to appeal to the Privy Council regarding such a
relationship, the judgement may differ than if the case were appealed to the CCJ. In other
words, the Privy Council may come to a decision that is considered unfair since their
precedents do not incorporate common law relationships. Thus, the CCJ allows its citizens to
get the access to the justice that they truly deserve.
In addition, the Caribbean would experience true independence when it severs the last
of its colonial past and focuses on the issues and goals at hand, that is to foster regional
integration, regional trade, freedom of movement and others. Moreover, the CCJ improves
access to justice in this regard, in that the Privy Council will not be able to relate to the
CARICOM’s goals and as a result, their judgements may be considered unfair. If a Caribbean
citizen were on the other hand to appeal to the CCJ with regards to an issue relating to one of
CARICOM’s goals such as freedom of movement, as in the Myrie case, true justice will
prevail as the CCJ’s role is to foster these regional goals.
According to Leonard Birdsong, “The CCJ is intended to provide a solid judicial
foundation for the success of the CSME by protecting and enforcing a range of rights”
(Birdsong, 2005). The CCJ deals with issues around the Revised Treaty of Chaguaramas.
This treaty governs CARICOM and is where a lot of the fundamental rights of Caribbean
citizens derive. Sadly, a lot of people are unaware of the rights that they possess and with
many other aspects of life, people reject what they do not understand. This may be one of the
reasons for the recent votes against the implementation of the CCJ in Antigua and Barbuda
and Grenada. However, prolonged public education can sensitize the masses towards the
acceptance of the CCJ.
The Caribbean region has come a long way and has seen improvements in many
aspects including the quantity of qualified personnel available, infrastructure, and facilities.
Therefore, it is no longer necessary for the region to abide by rules of a country that was once
recognized as its ‘Supreme Authority’. By cutting ties with the Privy Council, Caribbean
countries will finally be able to complete their circle of independence. Once doing so, their
citizens’ access to justice will increase and every Caribbean citizen will be able to seek the
redress that they deserve.
