Our justice system is still colonial and corrupt. Except for one reform many years ago we could still be considered in the grip of the colonial justice system with its outdated laws. Not even the UK is using these laws still on our books, although made by them, and most important, the absence of discretion in passing judgement among our judges is a serious concern.
Further, higher education is still a privilege in our part of the world, and whereas lawyering of our colonial masters all came about from privilege pity for the poor, the reverse, contempt is often the response of our Courts.
The uniform of judges and lawyers and their stage, posture, language is geared to frighten those poor and uneducated, dragged before their represented majesties. The straw wigs we have managed to remove, but the imperious stance goes with the bands, the black gown, and the raised seat, where justice looks down on the people.
The Caribbean, subject to British law, is the only former colonial territory which has no escape from white foreign law. To white Canada and the U.S. their laws reflect who they are, and they change and adapt as needed; the Africans in Africa have maintained their traditional Courts where local discretion is observed, and the Indian nation has retained their traditional systems of justice along with their newfangled colonial laws.
The culture of a people is reflected in their laws and justice system, and there is no real independence where the colonial master still controls the justice system. When every important area of government control swears allegiance to a foreign power, their heirs and successors, how can they still claim independence.
The resistance of several islands to acceptance of the CCJ as our Apex Court, shows the backward plantation politics which still controls the lives of the poor, whose confidence in the local governments and the Courts leaves much to be desired. When the Executive controls the Court Registry, its staff and computerized systems, justice becomes their own playground.
When the social system is based on imported values and norms, those in the middle and at the top of the social ladder, control the authority to be always right, because their thinking is within their strata, and they respond to that stimuli.
The culture of concern for poverty and colonialism is missing from our Courts, whose laws were created to keep those very citizens poor and controlled. Our Justice system needs a revolution, not just reform.
Lawyers and Judges owe the English speaking peoples of the Caribbean an independent Judiciary, one which reflects the culture and real status of a self-governing people. Get rid of the language the poor and oppressed do not understand; use words that all understand. Wear the right clothes which gives comfort to all, including yourself – the black gowns and ultra formal get-up separates justice from the people, and is clearly uncomfortable in the heat of our region.
The image of pomposity of Brittania must go!
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The writer is obviously a legally trained person. It would have been better to have written the cultural changes that this person would suggest. It is easy to criticize, but much harder to make workable solutions to perceived issues.
The Caribbean has changed. There is little confidence in the justice system in the Eastern Caribbean. Many of the judges have very little real legal and courtroom experience. Most of them are lawyers who could not cut it in private practice so jad to take a safe, salaried job. They have been Registrars or worked in the offices of AGs. In my youth, persons who became Judges were experienced and successful lawyers who had made their money and reputation and were seeking legacy. Not today. And ordinary people do not have the financial resources to appeal bad judgements. So they cling to the Privy Council. I see the problem but I have no idea how to fix it, unless we import learned Judges from other Commonwealth countries.
This is all very vague. The word colonial is not synonymous with the word bad. There were good things and bad things inherited from the colonial days. Most laws seem fair enough. I don’t see how they are against the poor in any way. Laws are supposed to be about justice for all including the poor. Our countries amend our laws all the time. That is what Parliament is all about. If other countries have modified their laws more in some ways to reflect their people that’s great for them but some of the countries mentioned have a lot of injustice ingrained in their societies so what did changing the laws accomplish? It would be helpful to be more specific. Which laws in particular need to be changed to reflect this society? Reflect how? Surely not to let people get away with bad things just because they are popular? The outfits command respect by all parties. They are not to scare the poor. If they are scary, lets hope they scare everyone both rich and poor. They could be changed or could not be changed. Does it really matter as long as justice is served?
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