Earlier in the news, we showed you what the President of the Bar Association said about finding replacements for the Supreme Court judges who will leave office in a few weeks.
That press encounter happened today at a special training session that the Caribbean Court of Justice organized with local judges and magistrates. Members of the highest court in the land, including Justice Winston Anderson, the Chair of the CCJ's Academy for Law, traveled to Belize. They are here to discuss how Belize's judges may be able to refer legal disputes connected to the Treaty of Chaguaramas and allow litigants to access the CCJ's Original Jurisdiction.
Most litigants access the CCJ's appellate arm, but in November of 2021, Belize became the first CARICOM member to access the court's original jurisdiction when it took a sovereign suit against Trinidad and Tobago over brown sugar.
The CCJ's original jurisdiction can also be accessed via the Belizean judges, and that's why training was offered to the jurists on how best to engage in that process.
This morning, we stopped by the opening ceremony for the workshop and spoke to CCJ's Justice Anderson about the benefits of this legal avenue:
Hon. Justice Winston Anderson, Chair, CCJ Academy for Law
"Belize has used the inter-state route of getting to the CCJ, and that is the very first time in the history of the CCJ that we've had one state sue another state, that is to say, Belize suing Trinidad & Tobago, unprecedented. But, it is also important to realize that ordinary citizens can have access to the court through proceeding in their domestic courts. So, whenever there's a case that starts in the domestic court, which involves an issue or a question to do with the interpretation of the Revised Treaty, the domestic court is obliged to stay proceedings, to refer that question to the CCJ for an interpretation. All that happens is that the CCJ provides the interpretation. The local court takes that interpretation and resolves the dispute before it. It's a collaboration, really, between the national courts, which want to get an interpretation from the CCJ to resolve the issue, and the CCJ, which provides that interpretation."
E. Andrew Marshalleck, SC, President, Bar Association Of Belize
"It's another route to access the same jurisdiction. Under the Revised Treaty of Chaguaramas, member-states can bring claims against other member states for breach of treaty obligations. Members of the community, individual members like you and I, can also bring claims against member-states for breach of treaty obligations. But separate and apart from those direct claims that are brought by member-states or members of the community, there's an obligation for national courts in all jurisdictions to refer all questions, all issues touching and concerning the treaty, to the Caribbean Court of Justice for resolution. The Caribbean Court of Justice, indeed, is the only court with jurisdiction to finally resolve such."
Hon. Louise Blenman, Chief Justice of Belize
"It is expected that at the conclusion of this training, we will be better equipped to deal with matters that arise and require reference to the CCJ in circumstances where the question of the interpretation or the application of the RTC can arise in any of our matters before us."
E. Andrew Marshalleck, SC, President, Bar Association Of Belize
"They've been many instances where a breach of treaty obligations can be alleged and pursued. But I don't think people are fully cognizant of it. There've been issues in Belize about the importation of Presidente Beer; I can remember the importation of Pepsi from Jamaica - and licensing and issues at the port. They're issues touching and concerning exchange control restrictions that prohibit financial transactions among Caribbean territories. There're lots of issues that can find their way to the court. The idea is that if everybody becomes aware of the jurisdiction and aware of how to use it, you will see more of these issues coming forward. And with community law being developed, you'll have more life being breathed into the treaty and its intended benefits."
Daniel Ortiz
"Sir, what is the benefit to a citizen? Litigation already has a very high price tag. So, would that increase the price?"
Hon. Justice Winston Anderson, Chair, CCJ Academy for Law
"Well, it's very important that in our rules, we have stipulated that coming to the CCJ involves no costs at all from the CCJ's point of view. So, we're not going to be charging for our services. We are already funded by the Caribbean people to provide legal advice. So, it will involve no extra cost from the CCJ's point of view."
E. Andrew Marshalleck, SC, President, Bar Association Of Belize
"It might be that this route to the CCJ works out more conveniently for a litigant in a particular set of circumstances. This is why it is important that the Bar be fully aware of it in order to keep it as a tool in its arsenal if and when those situations arise."
Hon. Louise Blenman, Chief Justice of Belize
"I am thrilled that Belize is the first jurisdiction to benefit from this valuable and critical training. If I'm correct, I was told that there are probably five other jurisdictions that will follow us. I'm happy to know that Belize is in front of the others. We must always win."
