Chuck maintains support for Jamaican Court of Appeal as last resort
Published:Monday | August 1, 2022 | 12:11 AM
As Jamaica’s Court of Appeal celebrates its 60th anniversary, Minister of Justice Delroy Chuck has reaffirmed his belief that the body is capable of serving as the island’s final appellate court.
Currently, the Judicial Committee of the Privy Council (JCPC) in the United Kingdom serves this role.
However, since the establishment of the Caribbean Court of Justice (CCJ) in 2005, there has been debate about whether Jamaica should adopt the regional court in body as its final appellate court, maintain the Privy Council, or empower the Court of Appeal with this function.
During a Gleaner interview on Sunday on the sidelines of a 60th anniversary worship service, Chuck gave his personal views as to whether he was comfortable with adopting the CCJ or maintaining his longstanding position that Jamaica can have its own final appellate court.
“This has been a question under consideration, and it remains under consideration. Quite frankly, I have always felt that when we leave the Privy Council, we should have a Jamaica final court,” the justice minister said.
“That has always been my position. It may well change depending on circumstances, but that has always been my position.”
Chuck’s views have put him out of step with many in the legal community, including senior judges, who have lobbied for the CCJ to have the final say in court matters.
Validates its suitability
Last December, Chief Justice Bryan Sykes argued that the time has come for Jamaica to adopt the court as it has produced a substantial body of work that validates its suitability as Jamaica’s final appellate court.
However, when asked on Sunday whether Jamaicans can have confidence in the local Court of Appeal serving in this role, Sykes said that the question was for Jamaican citizens to answer.
He elaborated that the island already uses the CCJ to administer matters under the Revised Treaty of Chaguaramas, which governs the operations of CARICOM. Additionally, Sykes explained that Jamaicans have also become used to a two-tier system in which members of the public can bring their case to the Court of Appeal and then the Privy Council.
“So it might very well be that there could be a second-level court, maybe a court above the Court of Appeal, who knows, but that is not a decision for me. It really is one for the people of Jamaica to decide,” said Sykes.
The chief justice is, however, of the view that the Court of Appeal has done a “good job in being fair and open” while also contributing to the stability of Jamaica’s democracy.
Jamaica’s current Court of Appeal was created on the cusp of Independence by the passage of the Judicature (Appellate Jurisdiction) Act on July 31, 1962. The act was brought into effect when it was gazetted on August 5, 1962.
When the court was launched, the president and three judges administered cases. Since then, the court has expanded to include the president and 12 judges. Sykes revealed that the court has also become the final appellate court for most cases.
“Based on the data, we have only had somewhere between 50 to 60 cases going to the Privy Council in the past 10 years, and the [Court of Appeal] receives roughly 270 to 280 appeals per year.
“So if you talk about 10 years, you are talking about roughly over 2,000 appeals … . What you are, in effect, looking at is a court that has, in effect, become the final court for the vast majority for the cases that it hears.”