CCJ a double-edged sword

This newspaper has always supported the idea of a Caribbean Court of Justice (CCJ). As independent nations within a small region, the Caribbean countries should not be always turning to the Privy Council to resolve their legal issues. However, our support does not mean that we are going to be uncritical of the CCJ, for we recognise that the Court is a double-edged sword. It is not axiomatic, for example, that the existence of the CCJ will make the Caribbean people more independent, prouder, or more progressive. This will be proved — or disproved — only through the actual operations of the Court. The jurisprudential quality of the judges’ decisions, their impartiality, integrity and independence — all this will determine whether the CCJ works to the benefit of the region or not.

And let us not mince words — the start of the CCJ has not been auspicious. Indeed, the very attempt to make it auspicious by spending over TT$2.5 million on the opening ceremony brought the affair perilously close to vulgarity. The huge outlay on what is essentially a quarter-court makes the CCJ appear to be cleaving to Third World values. We have set up an institution before all the supporting infrastructure is in place. We have spent a lot of money to make it “look good.” And the Trinidad and Tobago Government, which is footing the major portion of the bill for this institution, has not made it clear what this country’s future financial commitments are.

This last point is certainly going to be a political hot potato. For the fact is, even if the CCJ were a fully functional final court, the TT Government would still be obligated to let citizens know how much we are spending. But, in that scenario, the calculations of outlay to returns would be different. Were the CCJ being established as a complete court, then all the pomp and flash would have been quite in order. But the fact is that only two countries in the entire region — Barbados and Guyana — can use the CCJ for criminal and civil matters. All the other countries still have to resolve the constitutional and political issues which would allow the CCJ to function as more than a trade court.

At present, the Court is only empowered to deal with disputes related to the Caribbean Single Market and Economy (CSME). So for Prime Minister Patrick Manning to send a message to the Privy Council that “we are moving out” is, at this time, only hopeful hyperbole. The Court cannot therefore fulfil the main function of such a legislative body: to preserve good order in the region while helping its member nations to become more advanced. But this is not necessarily a bad thing. Until it does become a true final court, the CCJ can use this limited beginning to its advantage.

After all, the Court has some big shoes to fill, for there is no doubt that the Privy Council’s judgments, even when they have gone against the social and political sentiments of the region, have for the most part reflected the highest standards of jurisprudence. How the CCJ judges deal with trade issues will perhaps allow them to get a grounding so that, when the Court does become the true final court of appeal for the region, they will be prepared for both the legal and political challenges that are sure to come.