Chief Justice Sykes Advocates for Embracing Caribbean Identity Through the CCJ
In a compelling address during the 40th-anniversary celebration of The University of the West Indies law class of 1984, Chief Justice Bryan Sykes reiterated his call for Jamaica to adopt the Caribbean Court of Justice (CCJ) as the nation’s final court of appeal, signaling a pivotal shift away from the United Kingdom Privy Council. The event, held at the S Hotel in Montego Bay, was not only a reunion for the legal luminaries but an opportunity for advocacy during Jamaica’s Heritage Week—a reminder of the island’s journey from colonial reliance to self-determination.
Sykes seized the moment to challenge the distinguished assembly, including notable figures such as Paula Llewellyn, Jamaica’s first woman Director of Public Prosecutions, to channel their influence into educating the public about the CCJ. He emphasized the importance of presenting factual evidence over anecdotes to dispel skepticism and highlight the court’s robust framework. His comments were particularly poignant in the context of Jamaica’s ongoing constitutional reform dialogue, mirroring the broader regional aspiration towards full sovereignty and decolonization.
The Chief Justice pointedly addressed the psychological remnants of colonialism, which he believes contribute to Jamaica’s hesitancy to sever ties with the Privy Council. Despite the nation’s illustrious history and the global impact of icons like Nanny, Sam Sharpe, Arthur Wint, Bob Marley, and Marcus Garvey, Sykes highlighted a persistent diffidence in transitioning judicial authority to the CCJ.
Referencing the revised Treaty of Chaguaramas, Sykes underscored the CCJ’s established role in regional economic adjudication, questioning why its jurisdiction over civil and criminal matters invites such contention in Jamaica. He drew comparisons with Barbados and Belize, countries that have embraced the CCJ without the trepidation evident in Jamaica, suggesting a path forward rooted in regional solidarity and mutual legal development.
Addressing critiques of the CCJ, Sykes dismissed concerns about its judicial independence and the potential influence of political forces. After two decades of operation, there is no substantial evidence suggesting compromised integrity, he argued. Furthermore, he challenged critics to engage with the court’s jurisprudence, noting the production of a significant body of work that has yet to be publicly faulted for its quality or coherence.
Sykes’ remarks at the dinner served as a clarion call to confidence and unity, urging the legal community to lead by example and advocate for a more autonomous judicial future. His vision is one where Jamaica fully integrates with its Caribbean neighbors, harnessing the CCJ as a vehicle for legal excellence and regional pride. As the island moves towards redefining its place in the post-colonial world, the call to embrace the CCJ resonates as a significant step in asserting national identity and judicial sovereignty.
