Privy Council or Caribbean Court

The Organization of Eastern Caribbean States (OECS) Court of Appeal is to determine whether St. Lucia should continue with appeals to the Privy Council in the United Kingdom or move toward the Caribbean Court of Justice (CCJ).

The Court of Appeal during its sitting recently heard reference from Attorney General Phillip La Corbiniere on the proper and correct construction of provisions to the Constitution, which governs the right of appeal to Her Majesty in Council, popularly known as the Privy Council.

La Corbiniere who is also the minister for Legal Affairs told the Court that unlike the Constitutions of St. Kitts and Nevis and Dominica, there exists in the Constitution of St. Lucia, either doubt in the construction of or an obvious mistake in section 41 (7) (a) of the Constitution and as a result, the doubt or error ought to be corrected by judicial interpretation in accordance to the law.

“If the Court agrees with this position, the path to determining whether St. Lucia should continue with appeals to the Privy Council or move towards the Caribbean Court of Justice, will be made clear,” he said.

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