Guide to Caribbean Law Research

By Yemisi Dina

Yemisi Dina, B.A, M.A, LL.B, MLIS,MPPAL is Associate Librarian/Head of Public Services at the Osgoode Hall Law Library, York University, Ontario, Canada. Prior to this position, she worked as Manager of Adult Services at the Central Library, Richmond Hill Public Library, Richmond Hill, Ontario, Canada; Law Librarian University of The West Indies/ College of The Bahamas LL.B Program, Nassau, The Bahamas; Law Librarian at the Adeola Odutola Law Library, University of Ibadan, Ibadan, Nigeria and Principal Librarian at the Nigerian Law School, Lagos Campus, Nigeria. Her areas of research include law librarianship, legal research methods and information technology and law.

Published November/December 2018

(Previously updated in May 2006, February 2007, January/February 2010 and October 2014)

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1. Introduction

The Commonwealth Caribbean describes all Caribbean countries geographically located in the West Indies. The region is made up of dependent and independent states. Caribbean legal literature has evolved rapidly in the last decade. This guide provides information on available resources for conducting legal research for the following English-speaking Caribbean countries:

  • Anguilla
  • Antigua & Barbuda
  • The Bahamas
  • Barbados
  • Bermuda
  • Belize
  • British Virgin Islands (BVI)
  • Cayman Islands
  • Dominica
  • Grenada
  • Guyana
  • Jamaica
  • Montserrat
  • St. Kitts & Nevis
  • St. Lucia
  • St. Vincent & the Grenadines
  • Trinidad & Tobago
  • Turks & Caicos

The Internet and the digital age have improved access to legal information of Caribbean jurisdictions. Legal literature considered includes legislation, law reports, journals and textbooks.

2. Legal System

Historically, the legal system of the Commonwealth Caribbean can best be described as mixed. The legal system of most of these countries is based on the laws of former colonial administration. Antoine (1999) noted that:

“The countries of the Commonwealth Caribbean continue to exhibit perhaps excessive tendencies of reliance on the form, structure, substance and content of the law as expressed in England.”

With the exception of Guyana and St. Lucia, the legal system of the English-speaking Caribbean countries is based on the Common Law system. The legal systems of Guyana and St. Lucia are best described as “hybrid”, because Guyana has the influence of the Roman-Dutch influence, while St. Lucia has a strong influence of the French civil law.

While many of the legal systems of the Commonwealth Caribbean have a very strong influence of the Common Law, there has been a reception of other legal systems, such as Hindu, Muslim and Indian law. These traditions and customs have been incorporated into the legislation of these countries. Nevertheless, the content of the laws of these countries today reflect their cultural, social, political and economic needs. The dependent territories earlier mentioned have no independent law and legal systems to speak of, as they are under the sovereignty of the Crown.

3. Power Structure

The power structure in all the Commonwealth Caribbean countries is between the Executive, Legislature and the Judiciary. Each country has its own unique structure. In many of the independent countries, the Parliamentary and bicameral systems of government are led by the Prime Minister with the Queen as the Head of State represented by an appointed Governor-General. In the dependent territories, they are under the sovereignty of the Crown; a Governor is usually appointed as the Head of the government.

4. The Court System

The Judicial Council of the Privy Council is the final court of appeal in Caribbean jurisdictions with the exception of Guyana.

However, on April 16, 2005, the Caribbean Court of Justice (CCJ) was inaugurated in Port of Spain, Trinidad and Tobago. The Caribbean Court of Justice was established as a regional tribunal on February 14, 2001 by the Revised Treaty of Chaguaramas. The Court was established to further strengthen regional integration in the Caribbean Community. The CCJ is the highest appeal court of final jurisdiction for civil and criminal matters for member states of the Caribbean community. It has replaced the Judicial Council of the Privy Council. However, some of the member states are yet to implement it as the final court of appeal. Table 1 below shows an update on the implementation of the CCJ among some CARICOM jurisdictions.

Country

CCJ Authority

Barbados

Criminal and civil appeals

Belize

Criminal and civil appeals

Trinidad & Tobago

Criminal appeals only

Table 1. Caribbean Court of Justice Mandates

Inferior courts are courts of summary jurisdiction made up of magistrate courts, petty sessional courts and coroners’ courts. They have a dual function – investigative and trial in criminal matters. However, its jurisdiction is limited by the nature of civil offences.

There are also specialized courts/tribunals, which may be inferior, intermediate or superior courts, namely juvenile, family, divorce, administrative, gun, revenue and industrial courts.

The superior courts are usually divided into two tiers – High Court and Court of Appeal. They are summarily referred to as the Supreme Court. The High Court is the trial court or court of first instance. They have original and appellate jurisdiction over matters arising from the inferior courts. They have unlimited jurisdiction over civil and criminal matters.

The Court of Appeal has the appellate function of the Supreme Court. They hear appeals from the magistrate courts, high courts and special courts.

In the Eastern Caribbean region there is the regional court known as the Eastern Caribbean Supreme Court (ECSC). This is a superior court of record for nine member states of the Organization of Eastern Caribbean States, namely: Antigua and Barbuda, Dominica, Grenada, Saint Kitts-Nevis, Saint Lucia, Saint Vincent and the Grenadines and three British Overseas Territories, namely, Anguilla, the British Virgin Islands and Montserrat.

5. International Law

All independent countries in the Commonwealth Caribbean belong to the Caribbean Community (CARICOM). These countries are signatories to regional and cooperative agreements and treaties. Details can be found on the CARICOM website.

Most of the Commonwealth Caribbean countries are also signatories to other international treaties, such as those of the United Nations, Organization of American States (OAS), and Commonwealth of Nations.

6. Legislation

There have been significant developments in the publication of legislation for Caribbean jurisdictions especially in the Internet age. Many of the jurisdictions have provided digital access to their legislation on websites of the various stakeholders listed below. Print volumes are mostly published by government departments like the Attorney General’s office/the Ministry of Legal Affairs.

The Faculty of Law Library, University of the West Indies, Cave Hill, Barbados publishes the Consolidated Index of Statutes and Subsidiary Legislation (WILIP Index) for each Caribbean jurisdiction. This index provides an update of changes in statutes and legislation in these countries, this tool though in print assists researchers to know the currency of the law. More information is available on their website.

7. Law Reporting

Jamaica has the earliest history of law reporting, starting from 1774. Newton (1978) observed that law reports in the Commonwealth Caribbean were short-lived and punctuated by long gaps. According to her,

“No law reports have ever been published for Belize, The Cayman Islands, the Leeward or the Turks and Caicos Islands. The Bahamas Law Reports never continued beyond Volume I, which contained a selection of Supreme and Magisterial Court cases for the period 1900-1906.The Barbados Reports reached volume 2. The first volume covering cases relating to Barbados which were determined in local courts and found in English Reports for 1694, 1831 and 1853-1893; the second containing cases decided in the island’s Court of Error during the years 1860, 1863, 1878 and 1894-1903.”

Newton further identified the main reasons why most unit law reporting efforts have not been sustained:

  • Lack of interest on the part of the local legal profession;
  • Lack of personnel with sufficient time to undertake the editorial responsibilities;
  • Lack of adequate financing.

Digitization initiatives and the Internet continue to make the laws of Caribbean nations accessible and reachable. It is very common to find legislation, statutes and judgments on judiciary and parliamentary websites. In some of these jurisdictions, legislation is published in gazettes and some are now available freely on the Internet or through a subscription service.

There still exist gaps in some of these publications. The table below shows existing print law reports in selected jurisdictions:

TITLE

COVERAGE

SOURCE

Law Reports of The Bahamas

1965 – 1980

1987 – 1990

Butterworths

Barbados Law Reports

1948 to date

Gaunt

The Cayman Island Law Reports

1952 to date

Law Reports International, Oxford

Jamaica Law Reports*

1934 – 1994 (on CD)

1977 – 1994 (print)

1995 – 1996 (forthcoming)

Caribbean Law Publishing Company

Trinidad & Tobago Law Reports

1990 – 1995

Caribbean Law Publishing Company

OECS Law Reports/Judgments Volumes 1- 3

Published in 1991 and covers judgments of superior courts of the Eastern Caribbean States

Faculty of Law, University of The West Indies and USAID

1996-98 volumes are available directly from the Eastern Caribbean Supreme Court. Order forms are available on their website.

Law Reports of the Commonwealth

Covers judgments of English-speaking Caribbean countries

Butterworths

West Indian Law Reports*

1958 – to date Covers most English-speaking Caribbean countries

Butterworths

* Also available on CD, the West Indian Reports (WIR) are also available as an online service.

Table 2: Print Law Reports

Judgments for Caribbean countries that have come before the Judicial Council of the Privy Council are available on the Privy Council website.

The Faculty of Law Library at the Cave Hill campus of the University of The West Indies has an extensive collection of unreported judgments from the various Caribbean countries.

8. Journals

A number of journals originating from the Caribbean have been published over the years but there is still a dearth in this area. The following titles are available on Caribbean legal literature:

  • Barbados Bar Association Newsletter
  • Caribbean Journal of Criminal & Social Psychology
  • Caribbean Law & Business
  • Caribbean Law Bulletin
  • Caribbean Law Review
  • Guyana Law Journal
  • Guyana Law Review
  • Jambar Journal (Quarterly publication of the Jamaican Bar Association)
  • Junior Counsel
  • The Lawyer
  • West Indian Law Journal (Formerly Jamaica Law Journal)
  • Legal Perspectives

The Caribbean Law Review and Caribbean Law Bulletin are both current journals published by faculty members of the Faculty of Law, University of The West Indies, and Cave Hill Campus. It is being distributed by Caribbean Law Publishing Company. The West Indian Law Journal is published by the Norman Manley Law School, Mona, Jamaica. The Faculty of Law Library, Cave Hill Barbados also has a collection of these journals.

9. Treatises

There has been an exponential growth in the publication of legal treatises. Faculty members of the Faculty of Law, University of The West Indies and members of the legal profession in the region have contributed to the development of legal literature. The Faculty of Law Library, Cave Hill, Barbados continues to be the leading repository of Caribbean legal literature. The following is a list of suggested titles but not exhaustive. It contains links to WorldCat, which provides global locations for the titles.

10. Impact of Information Technology

Information technology has had a lot of impact on the accessibility of Caribbean legal information. Caribbean legal information can be accessed on the following websites:

  • Antigua & Barbuda Laws: This website provides access to full text bills and acts of the Parliament of Antigua and Barbuda. Print copies may be ordered from the Government Printery.
  • Anguilla Financial Services: The website of the Anguilla Financial Services Commission provides access to financial services related laws for Anguilla
  • Bahamas Laws Online: Full access to laws of The Bahamas
  • Barbados Corporate Affairs and Intellectual Property Office: This is a list of relevant legislation and treaties that are being administered by the Barbados Corporate Affairs and Intellectual Office.
  • Barbados Judicial System: This website provides Access to selected judgements of the Barbados Court of Appeal, High Court, Registrar’s Tax Decisions, Rules of Court and Practice Direction
  • Belize Judiciary: This is the official website of the Belize Judiciary made up of the Court of Appeal, Supreme Court, Magistrates Court, Municipal Court and Family Court. It provides access to judgments of the Court of Appeal and the Supreme Court, Rules of Court, Practice Directions and the Laws of Belize.
  • Belize National Assembly: Acts of the Parliament of Belize from 2015.
  • Bermuda Laws Online Consolidated: an annual, repealed and revoked laws of Bermuda.
  • British Virgin Islands Gazette: This website requires registration and subscription. It provides access to the official gazettes of the British Virgin Islands, which contains Bills, Acts and other official documents. British Virgin Islands Financial Services Commission Financial services related legislation for the British Virgin Islands.
  • Children’s Law Database: This is a searchable database containing statute laws relating to children in the Caribbean. This website is a joint initiative between the Faculty of Law Library, University of the West Indies, Cave Hill, Barbados and UNICEF.
  • Caribbean Community: The Caribbean Community (CARICOM) is one of the oldest regional organizations in the world. It is made up of 15 member states and 5 associate member states. It was established to promote regional integration.
  • Caribbean Community Treaties: This website contains treaties and protocols applicable to member states of CARICOM
  • Caribbean Court of Justice: Judgments and proceedings from the Caribbean Court of Justice.
  • Carilaw: This resource is now available as a subscription service through JUSTIS. Carilaw is a database of cases and judgments from the Caribbean Court of Justice, Eastern Caribbean Supreme Court. It covers Anguilla, Antigua & Barbuda, The Bahamas, Barbados, Belize, Bermuda, British Virgin Island, Cayman Islands, Dominica, Grenada, Guyana, Jamaica, Montserrat, Saint Kitts & Nevis, Saint Lucia, Saint Vincent & Grenadines, Trinidad & Tobago, Turks & Caicos Islands.
  • Eastern Caribbean Supreme Court: Judgments from the ECSC covering Antigua & Barbuda, Dominica, Grenada, St. Kitts and Nevis, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines, three British Overseas Territories (Anguilla, British Virgin Islands and Montserrat).
  • Government of Grenada: Selected legislation of Grenada from the Government Online website.
  • Index to Cayman Island Laws: Consolidated Index of laws and subsidiary legislation of the Cayman Islands published by the Law Revision Commissioner.
  • Jamaica Houses of Parliament: Acts, bills, Orders and Regulations for Jamaica.
  • Jamaica Laws Online: This is the website of the Ministry of Justice, Jamaica. This website provides access to current laws of Jamaica and a subscription service to email updates.
  • Judiciary of the Republic of Trinidad & Tobago: This website provides access to judgments of the Court of Appeal, Supreme Court, Magistracy, Family Court with the Rules of Practice and Directions.
  • Laws of Dominica: This website provides access to the searchable database of the laws of Dominica.
  • Law Library University of The West Indies: The Law Library of the University of the West Indies, Cave Hill, Barbados is a prominent library in the Caribbean. Its collection is made up of extensive legal materials covering the West Indies, Commonwealth Caribbean and Commonwealth countries.
  • National Printing Corporation: The Laws of Saint Lucia can be purchased through this website. It also provides access to the Gazette where all laws are listed.
  • Organization of American States (OAS) The OAS is a regional organization established to promote and strengthen collaboration among member states. The website provides access to some useful materials such as treaties, agreements, resolutions and reports.
  • Organization of Eastern Caribbean States (OECS): The OECS is an international inter-governmental organization promoting economic harmonization and integration among countries in the Eastern Caribbean. The website provides access to materials and reports published by the organization.
  • Parliament of Barbados: Bills, Debates and resolutions before the House and the Senate.
  • Parliament of Guyana: Selected legislation from the Parliament of Guyana.
  • Parliament of Trinidad & Tobago: Bills, Acts, Hansard, Committee Reports and Subsidiary Legislation.
  • St. Vincent & the Grenadines International Financial Services Authority
  • Turks & Caicos Labour Tribunal Judgments: This is the website of the Labour Tribunal an independent body that decides on employment disputes in the country.
  • Turks & Caicos Financial Services Commission Legislation: This website provides access to financial services related legislation for Turks and Caicos Islands.

Note that some of the above listed sites require registration and/or membership to gain access.

11. Research Guides

12. Useful Citations

Abbreviation

Full Name

Barb. L.R

Barbados Law Reports

Bz.L.R.

Belize Law Report

C.C.J.

Caribbean Court of Justice

C.I.L.R.

Cayman Island Law Report

J.L.R.

Jamaica Law Report

L.R.B.

Law Reports of The Bahamas

O.E.C.S.L.R.

Organization of Eastern Caribbean States Law Reports

W.I.R.

West Indian Law Reports

J.L.J.

Jamaica Law Journal

W.I.L.J.

West Indian Law Journal

13. Legal Education

The legal profession is one of the oldest in the Caribbean. Undergraduate LL.B and graduate programs are offered at the University of the West Indies, campuses in Cave Hill – Barbados, Mona – Jamaica, and St. Augustine – Trinidad & Tobago. The University of The Bahamas, Nassau offers its own LL.B Program.

Professional legal training for legal practitioners is being coordinated by a regional institution, the Council of Legal Education. The Council was established by an agreement which came into force on March 17, 1971. It has the following institutions located in 3 countries within the region:

They facilitate a six month and two-year program for their students. On successful completion of the program, they are awarded a Certificate of Legal Education.

14. Professional Bar Associations

15. References

  • Antoine, Rosemary Belle-Antoine. Commonwealth Caribbean Law and Legal Systems. London: Cavendish Publishers 1999.
  • Barnett, Lloyd. G. The Constitutional Law of Jamaica. Oxford: Oxford University Press, 1977.
  • Pollard, Duke. The Caribbean Court Of Justice: What It Is What It Does. Guyana: Caricom Secretariat, 2003.
  • Newton, Velma. “Historical Perspective of Law-Reporting In the English-Speaking Caribbean – A Case for Regional Reporting” West Indian Law Journal, October 1978 Pp. 37-44.
  • Shahabuddeen, M. The Legal System of Guyana. Guyana, 1973.