Newly-elected President of the Jamaica Bar Association (JBA), Kevin Powell, says that Jamaica acceding to the Caribbean Court of Justice (CCJ), in its appellate jurisdiction, would further strengthen its adherence to the rule of law and notions of fairness and equity.

In his first major speech since being elected as head of the association, Powell told members of Jamaicans for Justice (JFJ) and their guests at a Human Rights Day Reception at the Spanish Court Hotel, on Sunday evening, that the CCJ represents a milestone in the pursuit of regional integration and the delivery of justice.

“Its mandate goes beyond being a mere court of last resort; it is an institution that enhances access for all citizens within the Caribbean Community,” he told the crowd.

“It is for this reason, together with a few other facts that I will share with you today, that I believe Jamaica’s accession to the Caribbean Court of Justice, in its appellate jurisdiction, would further strengthen the country’s adherence to the rule of law, and strengthen notions of fairness and equity,” he continued.

“This will be achieved by providing greater access to justice for every citizen who desires to engage with the legal system at its apex. It will result in access not constrained by time barriers, cultural nuances, finances, logistics or geopolitical restrictions.”

He noted further that the CCJ’s decisions to set legal precedents would guide lower courts and legal practitioners, and promote consistency and coherence in the application of the law, “which contributes to legal certainty, an essential element for fostering an environment where individuals can confidently seek justice without fear of arbitrary decisions”.

He also added that the CCJ represents a far greater positioning for regional people than what currently exists with the Privy Council (PC), and that the issues, or barriers, when it comes to the Privy Council have been fully and repeatedly ventilated.

“Visas are needed to travel to the court for all Jamaicans – litigants and attorneys alike. These visas are not granted as of right, and applications for them attract a cost. There is often the need to retain a London solicitor to prepare and file the papers for the Privy Council, and that also attracts a cost, usually in the thousands of pounds – a cost that the average Jamaican cannot readily afford,” Powell noted.

In regards to the letter which was written by Lord Robert Reed, the current president of the Privy Council, which he said was seeking to assure Jamaicans that the PC was neither remote nor inaccessible, he outlined that the cost to travel to London “is not a barrier to justice, since the court engages the use of technology for its hearings”

He said that the intervention from the PC’s president was “unprecedented and interesting, and it also generated significant discussion.”

“However, while the use of technology is certainly helpful, and the CCJ offers a similar feature for appeals it hears, it does not address the time zone challenges which will arise in virtual hearings involving the Privy Council,” he argued.

“Lord Reed’s assurances also do not fully bridge the geographical and financial gaps that often impede access to our country’s present apex court. Nor do they address the inherent absence of sensitivity and even understanding of our people and customs,” Powell added.

“Contrast this with the CCJ. The CCJ actively engages in community outreach, legal aid and legal education initiatives. By demystifying legal processes and making information readily available, the court empowers citizens to understand their rights and navigate the justice system more effectively,” he continued. “It does so in a manner that the Privy Council, owing to its distance, cultural nuances and cost barriers, could not.”

“This level of increased awareness ensures that justice is not an abstract concept, but a tangible right for everyone,” Powell further noted, pointing out that the CCJ is an itinerant court, which has already held sittings in at least two Caribbean countries – Barbados and Guyana – other than where it is based in Trinidad & Tobago.

He said that “only a month ago”, following an itinerant sitting in Barbados CCJ President Justice Adrian Saunders remarked that itinerant sittings provide an opportunity for the judges and the CCJ to interface directly with attorneys, litigants and other key stakeholders.

He said it allows the CCJ’s Registry officials to obtain a first-hand understanding of the domestic court’s registry processes, and vice versa which can only benefit citizens and improve their access to justice.

Powell said that another factor was that, “frankly, more cases are heard by the CCJ and more in the region are using the court because it is directly available to them”.

He said that Justice Winston Anderson of the CCJ recently shared data on a direct comparison of appeals heard between 2016 and 2021, which showed that the CCJ completed 43 cases from Barbados, 28 from Belize and 52 from Guyana, and also noted that Barbados had a 320 per cent increase in cases heard by the CCJ, as opposed to when they were reliant on the Privy Council.

“Justice Anderson noted that, with respect to Jamaica, during the same 5-year period the Privy Council delivered 20 opinions,” Powell said.