Mr. Dyer is of the view that, while most of the (15) fifteen member Caribbean Community (CARICOM) grouping are signatories to the original jurisdiction of the CCJ, only Barbados, Belize and Guyana have signed on to its appellate jurisdiction.
The former Attorney General said he was hoping that “the time will come sooner than expected, when we will de-link from the Privy Council”.
He added that the reluctance to accept the CCJ’s full appellate jurisdiction may have to do with the perception of political interference.
Dyer has however dismissed that argument, noting “I think in establishing the CCJ efforts were made to remove that fear.”
“That is why the CCJ is administered financially by a trust fund established and administered by the Caribbean Development Bank, so the political influence would be removed,” he added.
“The CCJ was established in 2001 by regional governments to replace the London-based Privy Council as the region’s final court. The CCJ also acts as an international tribunal interpreting the revised Treaty of Chaguaramas, which governs the regional integration movement and the CARICOM Single Market and Economy (CSME).
Dominica has hinted in the past that it is prepared to make the CCJ its final court, but has said it would prefer to do so in collaboration with the other members of the sub-regional Organisation of Eastern Caribbean States (OECS),” Said Dominica’s former Attorney General.
Mr. Henry Dyer served as attorney general in Dominica, during the administration of the late Pierre Charles administration.
Dyer addressed the issue at the opening of the new law term, noting that after 40 years of legal education in the Caribbean “we are still grappling with regards to whether we should de-link from the Privy Council.”