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Legal Report by the Hon. Attorney General on the Opening of the Supreme Court of the Turks and Caicos Islands for the Year 2017

Speeches

Legal Report by the Hon. Attorney General on the Opening of the Supreme Court of the Turks and Caicos Islands for the Year 2017

May it please you my Lady Chief Justice,

My Lady Justice Joyner, my Lord Justice Shuster,

I am privileged to rise once again to move the motion for the traditional Opening of the Supreme Court of the Turks and Caicos Islands. 

My Lady please permit me also to recognize the presence of the invited guests –

HE the Governor Dr. John Freeman

HE the Deputy Governor Mrs. Anya Williams

The Hon. Premier Mrs. Sharlene Cartwright Robinson

His Honour the Speaker of the House of Assembly Mr. Dwayne Taylor

Hon. Elected and Appointed members of the House of Assembly present

Hon. Chief Magistrate Mrs. Tonya Loban-Jackson

Deputy Commissioner of Police Mr. Mark McCallahan and senior ranks present

Colleagues at the Bar

Distinguished ladies and gentlemen all

The United Kingdom’s Courts and Tribunals Judiciary website, records that the Opening of the Legal Year service in Westminster Abbey dates back to the middle ages when judges prayed for guidance at the start of the legal term. Judges, whose courts were held in Westminster Hall, left the city and walked to the abbey to take part in the service.   Today, the judges now travel by car.  In these Islands, years ago, this tradition was marked by a church service and included the judiciary and attorneys walking through the streets, alternating between Grand Turk and Providenciales. The Bar’s strong support for these traditions brings awareness to the important work of the courts and is a public demonstration of respect for the rule of law. This morning, for the third year since My Lady has restored the practice, many of us have travelled over by airplane to Providenciales for today’s proceedings.  I respectfully urge my Lady to consider holding next year’s ceremonies on Grand Turk.

My Lady has this year given notice pursuant to section 15 of the Supreme Court Ordinance and O.64r.1 of the Supreme Court Rules of the four sittings of the Supreme Court in 2017:

The Hilary sitting: 11th January, 2017 – 12th April, 2017;

The Easter sitting: 25th April, 2017 – 26th May, 2017;

The Trinity sitting: 6th June, 2017– 31st July, 2017; and

The Michaelmas sitting: 1st October, 2017 – 21st December, 2017.

I am sure that the observance of these sittings will assist in structuring the work of the court, to the benefit of counsel and litigants alike.  Other reforms coming from My Lady to include the establishment of a database of local judgments, improvements in the Registry and the rules of the court are all welcomed by the Bar and applauded as you seek to realise your vision for improvements in the judiciary in the interest of a more effective administration of justice.

With my Lady’s leave, I propose in moving this motion, to reflect on 2016 as well as to make a few observations on some of the work before us for 2017.

My Lady, 2016 was another very challenging year marked by progress and change in a number of key areas including the departure and arrival of key personalities.  On behalf of the Bar, sincere gratitude is extended to former Governor Peter Beckingham for his tremendous support of the rule of law in this jurisdiction and a warm welcome is extended to Dr. John Freeman who became our 14th Governor last October.  Following only the second set of general elections in December 2016, under the current Constitution, congratulations are extended to the new Ministerial administration led by a member of our Bar and our first female Premier, Hon. Sharlene Cartwright Robinson who has already taken time to meet with me on litigation matters and to begin discussions on the legislative initiatives of her administration.

My Lady, on behalf of the Bar, we welcome the new Chief Magistrate, Hon. Tonya Loban-Jackson, and we bid farewell to Ms. Nyasha Hatmin, former Senior Deputy Registrar who left that role at the end of 2016 having given yeoman’s service and congratulate Mr. Carlo Mason on his appointment to that post.  The arrival of Ms. Renée McLean the recently appointed Registrar of the Supreme Court is welcomed. A warm welcome is also extended to the newly appointed Director of Public Prosecutions, Ms. Jillian Williams who comes to her office with a wealth of relevant experience from Trinidad and Tobago and the Bahamas.  My recently appointed Deputy Attorney General, Dr. Michael Dillon arrived in the summer during a very hectic time in my Chambers and I am grateful that he jumped right into the fray.  On behalf of the bar, I wish you all good success in your respective roles in the strengthening of the legal structures in the Turks and Caicos Islands.

My Lady, my Chambers consists of 9 attorneys and 7 administrative staff in five divisions under the day to day supervision of the Deputy Attorney General (Dr. Michael Dillon): Legislative Drafting (headed by Desiree Downes MBE), Civil Litigation (headed by Clemar Hippolyte), Commercial (headed by Yaa McCartney), International (headed by Khalila Astwood) and Lands (headed by Tatum Clerveaux).  These officers have worked with due diligence and admirable determination in the performance of their duties and I am very grateful for their professionalism and comradery.   

Legislative Drafting – My Lady, I am pleased to report that 2016 was yet another very active legislative year and with the cooperation and involvement of members of the legal profession, associations and the general public, 37 Ordinances and 83 pieces of subsidiary legislation were produced in accordance with the Government’s legislative agenda.

Of note:

  1. Amendments to the Elections Ordinance
  2. Amendments to the Political Activities Ordinance
  3. A new Domestic Insurance Ordinance
  4. A new Trust Ordinance
  5. A new Trust Companies (Licensing and Supervision) Ordinance
  6. A new Prevention of Trafficking in Persons Ordinance
  7. A new Food and Drugs Ordinance
  8. A new Mental Health Ordinance which replaced a 1902 Ordinance
  9. A new Credit Union Ordinance
  10. A new Consumer Protection Ordinance
  11. New health related legislation to strengthen and improve the health services system in the islands once implemented.

In the year ahead, work on a number of important initiatives continues, including drafts seeking to introduce:

  1. New Limitation of Actions provisions
  2. New Anti-Bribery provisions
  3. modern Companies provisions
  4. modern Insolvency provisions
  5. criminal law and procedures reforms and in particular provisions dealing with fingerprinting
  6. New Legal Profession provisions
  7. More detailed provision for the Maintenance of Children
  8. New provisions relating to Child and Juvenile Justice
  9. Provisions to strengthen the organization and funding of Sport
  10. New provisions to strengthen the regulation of gaming
  11. Provisions to reform areas of liquor licensing
  12. Reforms to areas of Crown Land management

Access to Law – My Lady, I am pleased to report that the laws of the Turks and Caicos Islands are now regularly updated on the webpage of the Attorney General’s Chambers as laws are passed in the House of Assembly (www.gov.tc/agc). Additionally, in conjunction with the Regional Law Revision Centre, work is well underway on the current law revision which has a revision date of 31st December 2016 to be issued by the end of the first quarter of 2017.  The Law Revision Centre is a joint venture inter-governmental company between Anguilla, Montserrat, the Turks and Caicos Islands, and the Virgin Islands, providing cost effective law revision services as well as training and other legislative services to the Caribbean Region.

Civil Litigation – My Lady, a number of important litigation came before the courts during 2016 which evidenced that respect for the rule of law continues to develop in the Turks and Caicos Islands.  Examples include the challenges brought against planning legislation seeking to permit 12-storey tourism development on areas of Grace Bay, Providenciales and the challenges which sought to clarify the extent of the constitutional powers and independence of the Director of Public Prosecutions.  The fact that these matters were brought before the courts in the first place and the respective court’s professional handling of these legal proceedings demonstrates the growth and development of our jurisprudence and that the rule of law remains alive and well in these islands.  One related issue that raises concern is the need to strengthen the role of an independent and professional media and the urgent need for better avenues for access by the public of information about what actually transpires within our courts.   Still to come will be the sole election petition arising from the December general elections.  That there is only one such petition evidences an imbedding of the strengthened legal framework surrounding elections.

Commercial Matters – My Lady, commercial matters of note which impacted our jurisprudence include the much debated development agreement for the Dessarollos 12-storey hotel development on Grace Bay, Providenciales which represents a shift to European plan hotels in the heart of our prime tourism area and raised issues surrounding the environmental protections enshrined in the Constitution and the requirements for adequate public consultation.  Development agreements were at the heart of other legal matters that resulted in important judicial pronouncements such as the pronouncements on the use of corporate structures in the Urban Development Ltd./North West Point action.

International – My Lady, the newly established International division seeks to more ably address the international obligations of the Turks and Caicos Islands and to provide more focused attention to those matters from a legal perspective.

The Turks and Caicos Islands assumed the role as 2016-2017 Chair of the Caribbean Financial Action Task Force in November 2016.  In that capacity, we took on a leading role in regional compliance efforts to combat money laundering and the financing of terrorism.  CFATF assessments are used by investment bodies to determine the viability of investments in a jurisdiction and to indicate the strength of the regulatory framework within the jurisdiction’s financial sector.  Beneficial interest transparency is key to the work being done in this area.  Public and Private sector cooperation will be vital to achieving compliance with current international standards.

Tax Information Transparency and Cooperation - The Turks and Caicos Islands is due to be assessed by the Global Forum on the exchange of tax information in 2017.  The establishment of a central registry in accordance with the Government’s action plan by the middle of 2017 will require the participation of all stakeholders, especially the legal profession.

Mutual Legal Assistance – The TCI is also working on a number of mutual legal assistance matters, including with the United States, Canada and Jamaica.  Negotiations are nearly completed to establish an asset sharing agreement with the United States (a TCI first). 

My Lady, it is fitting to take this opportunity to publicly recognize and applaud the continuing hard work and dedication of the various public offices which support the work of the court and in particular, the Social Development department, the Commissioner of Police and the members of the Royal Turks and Caicos Islands Police Force, the Director of Public Prosecutions and her team and the members of Her Majesty’s Prison Service.

Respect for the rule of law demands the fair and impartial enforcement of the law. Our constitution mandates at section 83 that “the judges and magistrates appointed to preside or sit in any court of the Turks and Caicos Islands shall exercise their judicial functions independently from the legislative and executive branches of government”.  The enforcement of the law without fear or favour is the cornerstone of the rule of law. Events like this one and the presence of key members of the executive and legislative branches of government bear witness of their awareness of and commitment to the constitutional mandate on “the Legislature and the Cabinet [to] uphold the rule of law and judicial independence, and [to] ensure that adequate funds are provided to support the judicial administration in the Islands”.

My Lady, as law officers, we stand in full support of the work of the court and wish you, my Lady Justice Joyner and my Lord Justice Schuster, the Honourable Magistrates, the Hon. Registrar and the entire judiciary a prosperous and productive New Year.

May the Almighty God abundantly bless our collective pursuits in 2017 and always.

I now formally move the motion for the opening of the Turks and Caicos Islands Supreme Court for the year 2017.

May it so please you my Lady.

Rhondalee Braithwaite-Knowles, OBE
Hon. Attorney General
11th January 2017