PORT OF SPAIN, Trinidad, CMC – Despite a year shadowed by the loss of five esteemed legal minds, the Caribbean Court of Justice (CCJ) advanced a bold agenda of reform, innovation, and outreach in 2023–2024, reinforcing its standing as one of the Caribbean Community’s most dynamic institutions. This is according to the reflections of President Adrian Saunders in the Court’s recently published Annual Report. The report outlined a series of accomplishments, from refining court procedures and deepening regional engagement to expanding access to justice for persons with disabilities.
The Court concluded its 2019–2024 Strategic Plan with strong momentum and has initiated the process of crafting a new roadmap for 2025–2030. Led by the Honourable Mr. Justice Winston Anderson, the Strategic Planning Committee has been consulting widely with stakeholders across the region to shape a forward-looking agenda.
In May 2024, the Court promulgated updated Rules of Court for both its Appellate and Original Jurisdictions. Under the leadership of the Honourable Mr. Justice Denys Barrow, the Rules Committee revised provisions to reflect current practices, including updated language to ensure gender neutrality and the formal accommodation of Saint Lucia’s accession.
In a significant step toward accessibility and inclusion, the Honourable Mme Justice Maureen Rajnauth-Lee led the finalisation of a comprehensive policy to improve justice access for persons with disabilities. This includes a protocol mandating the presence of sign language interpreters during judgment delivery and revised case management tools that identify any special accommodations required by court users.
The Court also improved the clarity and accessibility of its written judgments. A new format now clearly identifies authorship and dissenting or concurring opinions. Simultaneously, the Court enhanced its digital research capabilities—its online library catalogue now offers broader search options, including by keyword, author, or case name.
The CCJ continued to deliver landmark decisions that strengthen regional legal systems. In the Appellate Jurisdiction, four notable rulings stood out:
Fields v The State (Barbados) addressed how juries should be instructed when evaluating testimony from witnesses found to be deliberately untruthful, altering a longstanding judicial practice.
Gaskin v Minister of Natural Resources (Guyana) was the Court’s first environmental case involving Guyana’s oil and gas sector.
Barbados Defence Force v Harewood offered an interpretation of the Barbados Defence Force Act and the unique legal rules governing military trials.
McDowall Broadcasting Corporation v Joseph marked a historic milestone as the first appellate judgment from Saint Lucia.
In the Original Jurisdiction, the Court examined two major cases central to the CARICOM Single Market and Economy (CSME). Ellis Richards & Ors v The State of Trinidad and Tobago involved more than 500 Eastern Caribbean litigants seeking redress following the 2009 collapse of CL Financial. Meanwhile, DCP Successors Limited v The State of Jamaica focused on trade barriers affecting a Dominican soap manufacturer’s market access in Jamaica.
The CCJ expanded its outreach footprint during the reporting period. In October 2023, it held an itinerant sitting in Bridgetown, Barbados—its first in over a decade—where it received a warm welcome and hosted the 7th Biennial Conference of the CCJ Academy for Law. Focused on criminal justice reform, the conference brought together a broad cross-section of the region’s justice system stakeholders. It produced the Needham’s Point Declaration, a roadmap for transformative justice reform.
The Court also held sensitisation sessions on the Referral Obligation under Article 214 of the Revised Treaty of Chaguaramas (RTC), which requires national courts to refer treaty interpretation issues to the CCJ. These sessions were conducted with legal and civil society actors in Barbados, Saint Lucia, and Suriname.
The Court has stepped up efforts to integrate Suriname into the CCJ’s institutional architecture more fully. Initiatives include the authoritative Dutch translation of the Court’s Original Jurisdiction Rules and proposed amendments to the CCJ’s founding Agreement to give the President of Suriname’s High Court the same entitlements as regional Judicial Service Commission chairpersons.
In May 2024, President Saunders and the Honourable Mr. Justice Peter Jamadar visited Paramaribo for the 155th anniversary of the Surinamese judiciary, where they held discussions with Chief Justice Iwan Rasoelbaks on future judicial collaboration, including the potential for Suriname to send final appeals to the CCJ via a dedicated division.
Internationally, President Saunders and Justice Anderson represented the Court at the Second Hemispheric Meeting of Regional Courts in Quito, Ecuador. There, they shared insights into the CCJ Trust Fund—a financial model that ensures judicial independence—and participated in the Andean Court’s 45th anniversary celebrations.
Towards the end of the court year, Justice Saunders also participated in the drafting of the Nauru Declaration on Judicial Well-being. This emerging global standard affirms the critical role of judicial mental health in upholding judicial integrity.
While celebrating achievements, the Court also faced unprecedented sorrow. Justice Saunders expressed profound grief at the passing of five legal luminaries who had shaped the Caribbean legal landscape and the CCJ itself.
Among them were Mr. Justice Jefferson Cumberbatch of the Barbados Court of Appeal; Mr. Justice Jacob Wit, a founding CCJ judge known for his breadth of knowledge and his connection to Suriname’s civil law system; and Mr. Justice Dennis Morrison of Jamaica, a long-time colleague and friend of the President.
In March 2024, the Court lost the Right Honourable Michael de la Bastide TC, its first President, and Mme Justice Désirée Bernard, its first female judge and a trailblazer for women in
“With each passing, I lost a dear colleague,” Saunders said. “But we continue, as they would have wanted us to, guided by the example and legacy they leave behind.”
As he prepares to step down, Justice Saunders used the occasion of his final Annual Report message to express gratitude for two decades of service to the Court and the region.
“It has been the greatest honour of my professional life,” he wrote, offering special thanks to Ms. Debra Gibbs and Mr. Sheldon Cambridge, his close collaborators for 20 years.
Despite political reluctance by some CARICOM states to adopt the CCJ as their final appellate Court, Saunders affirmed the institution’s unwavering mission to deliver accessible, fair, and innovative justice.
“The CCJ is one of CARICOM’s greatest achievements,” he concluded. “Our determination to refine our processes, embrace innovation, and strengthen Caribbean jurisprudence will never be blunted.”