The main activities in observance of the opening of the 2013/2014 Law Year in Anguilla, and the rest of the jurisdiction of the Eastern Caribbean Supreme Court on Tuesday this week, provided much food for thought as Church and State (through its Court System) united in the quest for justice and equality for all. Here in Anguilla, Methodist Minister, Rev Dr Wycherley Gumbs, in delivering the homily, called on Lawyers and Judges to continue to seek truth and knowledge and to guard against hunger for power and wealth by persons appearing before the Bar in the region.
Of striking importance, as well, was the address by Dame Janice Pereira, the Chief Justice, entitled: “The Role of the Court in the Region’s Socio-Economic Development.” It is believed to be the first time that such a topic was addressed at the opening of the Law Year by any Chief Justice in the jurisdiction. Contrary to what anyone else may think, Chief Justice Pereira held the view that “a country’s socio-economic development also depends on an effective legal system which is just as pivotal as any country’s financial institution.”
The establishment of the Court in 1967, under the then West Indies Act, has proven to be an extremely important event in the Eastern Caribbean sub-region. As the Chief Justice further stated, “it is evident that the Court’s growth has been synonymous with our region’s development”. The Court has also been a promoter of change in its own operations taking advantage of e-technology which, as Dame Pereira rightly said, “has advanced life as we know it – and Member States and Territories have gained much benefit from its use.”
The Court has been of great benefit to the region in its commercial operations. It has dealt with many difficult matters in Anguilla and in other parts of the jurisdiction to its credit. These matters have touched, to a great extent, various socio-economic issues. The judgments delivered by the Court have provided some welcome and needed solutions thus enabling governments, developers and the member states and territories, in general, to get on with the business before them – with the social and economic welfare of the people.
One of the commendable initiatives of the Court is its constant call on members of the legal profession to provide pro bono services to members of the public unable to meet the high cost of legal representation. This has caught on very well with a number of lawyers actually involved in providing such a service to needy persons. Ms Yvette Wallace, President of the Anguilla Bar Association, told the Court on Tuesday that a legal aid policy was one of three initiatives of the Bar.
“The legal profession occupies a position of privilegein our society,” she said. “We, who have the privilege to approach the Court, are best placed to help those in the community who need, but are unable to afford, access to justice. Involvement in pro bono work, or discounted legal service, should be undertaken as a privilege – not as a responsibility. It is a service that comes from the heart.” Well said. And that, in fact, can also be considered as a means of contributing to the island’s socio-economic development.
Six years ago the Eastern Caribbean Supreme Court celebrated its 40th Anniversary, and it appears that in every Law Year new initiatives are embarked on to improve the functions of the Court – in the jurisdiction – as a “Centre of Excellence”. The member states, territories, the people and the Court, itself, can only be the beneficiaries as they seek to play their part in, or benefit from, the socio-economic development of the region.
The mission and objectives of the Eastern Caribbean Supreme Court, as set out on the Internet, are as follows: To promote cooperation among the Member States at the regional and international level;
To promote unity and solidarity among the Member States and to defend their sovereignty, territorial integrity and independence;
To assist the Member States in the realization of their obligations and responsibilities to the international community with due regard to the role of international law as a standard of conduct in their relationships;
To seek to achieve the fullest possible level of harmonization of foreign policy among Member States, to seek to adopt as far as possible, common positions on international issues and to establish and to maintain wherever possible, arrangements for joint overseas representation and/or common services;
To promote economic integration among the Member States;
To pursue these purposes through its respective institutions by discussion of questions of common concern and by agreement and common action.
It is hoped that the Court will have a smooth and successful 2013/2014 Law Year as it continues to be a key player in the region’s socio-economic development.