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Constitutional Reform Commission (CRC) final report criticised

Constitutional Reform Commission (CRC)

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According to media reports a meeting held on January 5, 2025 to invite public discussion on the final report (findings/recommendations) submitted by the Constitutional Reform Commission (CRC) attracted a ‘small but vocal’ audience. The Caribbean Broadcasting Corporation (CBC) recorded 3.5k views on its Youtube Channel which supports the view that the important task of the CRC was not given high priority by a public that has historically shown little interest in governance matters.

The robust feedback from the ‘small’ audience who attended last Sunday suggests a level of dissatisfaction with the final report. In this space some commenters have also shared views that the findings contained in the final report do not align with an urgent need to support transformative change in Barbados. Have a listen. Do you agree?

See CRC Website to read a summary of the findings. It was ironic to listen to Chairman Blackman lament the challenge the CRC to have the report printed and widely distributed.

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72 responses to “Constitutional Reform Commission (CRC) final report criticised”

  1. David Avatar
    David

    See John Knox positing his view about the legitimacy of the current House of Assembly 1hr into the video presentation and the reply from Chairman Blackman.

  2. David Avatar
    David

    CRC frustrations

    Blackman: Tough getting report out to public

    FORMER CHAIRMAN of the now defunct Constitution Reform Commission (CRC), The Most Honourable Christopher Blackman, is frustrated over the difficulty in getting copies of the report out to the public.

    During his opening presentation at a public meeting on Sunday to discuss the report, he told the small audience in the Frank Collymore Hall, The City, that it was challenging to get enough hard copies of the report distributed.

    “The Government Printery has had to pause in its printing [of the CRC report] in order to accommodate the printing of the Parliamentary Reform Commission report. However, I’ve been assured by the senior staff of the printery that there should be another print run available in the coming weeks.

    “I must tell you, as much as we would like to, we have no secretariat or staff to distribute the report to the stakeholders who made submissions so therefore if you would like a copy, please listen to where they may be accessed,” he said.

    Blackman said he visited a Government department and asked to leave copies of the report there but was denied as he was told permission needed to be sought from a superior officer.

    “A request at a public place and I was told that the request had to be referred to a marketing committee to consider whether that could be accommodated at Christmas time. It isn’t easy to get things out in Barbados.”

    Reasons for issues

    After the meeting, Blackman elaborated, saying there were several reasons they were having issues.

    “We have no problem with the Government Printery, they have been nothing but accommodating, but what happened is that they’ve now got the PRC [Parliamentary Reform Commission] report to [print] so we are in the queue.

    “What my beef was, when I went to the post office to leave reports at the post office, I ran into bureaucracy, saying I still have to get permission [to leave copies there],” he said.

    Other issues were cost and overall interest. Blackman said the full report was more than 300 pages long and it was costly to print so they did not want to attempt to print an overabundance of copies when they were not certain enough people cared.

    “I want to say a very grateful ‘thank you’ to the management of a business house who willingly accepted it to be picked up from their offices without any undue formality. The report is available on the Government Information Service website and you can print it from there. We’ll do our best to get it out as soon as possible, but there’s really no indication of how much interest there is in it.

    “We’re never sure what the degree of interest is and the thing is that there’s a lot of indifference, generally speaking. So that’s the reticence, even in printing. You don’t want to print a big, large number of copies and people are not interested,” he explained.

    He said the level of non-interest was evident in the number of people who came to the meeting.

    “We didn’t even have a hundred people. Mind you, the first Sunday of the month you have a lot of competition with church services [but] the reality is that [many of] the people who came tonight had a beef [with the report],” he said.

    In his presentation, the former chairman reminded the audience the role of the commission, which was now “dead” as its function had been completed, was advisory. He said it was Cabinet which determined which recommendations were to be accepted.

    He said this would only happen with a majority vote so he encouraged anyone who still had issues to lobby their Member of Parliament or senators.

    “Since the publication of the report, comments have appeared in the print media on issues such as the change of quota provisions for the appointment of senators, term limits in relation to the Office of the Prime Minister, among others, and that the report of the CRC was an exercise in the formalisation of symbolism, causing the Commission to err on the side of timidity.

    “I’ve taken note of the comments but I’ll also say that while there is some merit in a few of the observations, the Commission has been acutely aware of the experiences in neighbouring countries where constitutional recommendations came to nought as a result of overzealous recommendations that had no regard for the reality of the society for which they were intended,” he said. (CA)

    Source: Nation

  3. David Avatar
    David

    The appointment of 3 judges is note worthy given one of the presentations seen on the video about 1hr.45min into the video.

    New judges vow to tackle backlog

    THREE MORE JUDGES have been added to the Supreme Court, declaring their commitment to public service and to tackling the backlog in the justice system.

    Justice Dr Corlita Babb-Schaefer and Justice Wanda Blair were sworn in yesterday as permanent judges, while Justice Donna Babb-Agard, whose substantive position is Director of Public Prosecutions, will sit on the Bench in an acting capacity.

    President The Most Honourable Dame Sandra Mason administered the oaths at the State House in a brief ceremony witnessed by Chief Justice Leslie Haynes, and family members of the appointees.

    Dame Sandra extended her well wishes.

    “Congratulations to these stalwarts of law in Barbados. They have been around and about for a long time, they are all very capable and I’m sure they will continue to do what they’ve been doing over the coming years,” she said.

    The Chief Justice welcomed their inclusion to the complement of judges, which comprises eight in the criminal division, seven in the civil division and six Justices of Appeal.

    “I’m very pleased that we have two new judges being sworn in. The acting judge, Justice Babb-Agard, will in the not too long future become a permanent judge. I’m looking forward to working with each of them and to improving the efficiency of the administration of justice,” he told the media.

    Justice Babb-Schaefer plans to draw on her 30 years of experience to improve efficiency in the judiciary.

    “From my perspective, I hope to do some of the same things I did as Master of the High Court and that is to get out the orders and the approved draft orders within the week in which they’re made so that the council can take the necessary steps,” she said.

    Justice Blair, a former magistrate, prosecutor and acting High Court judge, said she was looking forward to continuing her service to the public.

    “My entire career has been in the public service and I’m looking forward to continue to serve it efficiently and to do my best to address the backlog and so contribute to the administration of justice in Barbados,” she said.

    Justice Babb-Agard, reflecting on her 33-year journey as a Government official, stated: “I just want to take this opportunity to thank the Judicial and Legal Services Commission for the opportunity to serve in the capacity of judge of the High Court. It is my intention to continue to put my best foot forward in the service of the Government and the people of Barbados.”

    (JRN)

    Source: Nation

  4. David Avatar
    David

    The fact that the CRC could not reach a consensus on fix term is mind boggling. One needs only to recall the decision by Freundel Stuart to access an ‘extra’ 90 days the Constitution allowed to call the general election and the untold harm is did to the economic condition of Barbados.

  5. Pachamama Avatar
    Pachamama

    John Knox has again asked the very nullity about the absence of a properly constituted parliament in a place where he had national or even international exposure.

    Maybe Knox’s head is toooo big for his body as clearly demonstrated.

    Though he’s been told that the absence of a written constitution does not mean there is none.

    That parliament had made an amendment for the continuation of governance he felt need to ask a Most Honorable Blackman this jaded nonsense.

    Knox might had better spent his time explaining how the baccra could have emerged as a White supremacist having had his ass cleaned from birth by a Black woman to this time when a Republican constitution is being envisioned.

  6. Pachamama Avatar
    Pachamama

    Wow! Knox did it twice!

  7. John Avatar
    John

    To my adoring fans, thank you, I just said what needed to be said.

  8. David Avatar
    David

    Peter Thompson made a good contribution.

  9. John Avatar
    John

    David
    January 7, 2025 at 4:28 am
    Rate This

    The appointment of 3 judges is note worthy given one of the presentations seen on the video about 1hr.45min into the video.

    New judges vow to tackle backlog

    THREE MORE JUDGES have been added to the Supreme Court, declaring their commitment to public service and to tackling the backlog in the justice system.

    ++++++++++++++++++++++++++++++

    There you have it, how can unconstitutionally appointed judges hear any matter in Barbados and reduce any backlog? Any decision they render is automatically void unless a future constitutionally formed parliament ratifies their appointment.

    How can any of the Justices of Appeal appointed after 2018 in the absence of an opposition hear an appeal regarding the constitutionality of their appointment?

    Our own Peter Thompson (PLT) sat behind me and also got up on his two hind legs, like me, and spoke. I commend him for his bravery.

    He ridiculed the 30-0 result and asked if the CRC had considered an alternative to the first past the post system as 30% of the population was automatically disenfranchised by the result.

    Proportional representation is of course a solution but returning to the polls and repeating until there is an opposition will also work without changing the constitution.

    The unconstitutionality of the so-called parliament is clear for anyone who can read.

    Justice Blackman’s answer about the high court decision which “validated” the formation of the Senate, places the BLP into an invidious position. What the BLP has attempted to do is to use the Judicial Branch to validate its claim to be the Executive Branch.

    Even if the high court decision turns the BLP into the Executive Branch, it is voidable because the appearance of the violation of the principle of the separation of powers has become clear as daylight.

    What is more, the appeal of that decision will see the Executive Branch turning to the Judicial Branch in the Court of Appeal where all justices have been recently and unconstitutionally appointed, to validate itself.

    Horror of Horrors.

    Meanwhile, the Judicial Branch has been turned into the Great Pretender by a totally unscrupulous BLP, aided and abetted by RAT and the DLP.

    That’s why I will never vote D or B again!!

    ……. assuming we ever have elections again.

  10. David Avatar
    David

    The interesting point made about the Judiciary is the inbred nature of relationships given the size of Barbados, nothing to do with your theory.

  11. John Avatar
    John

    It does not really matter if judges are brought from outside.

    They still have to be appointed and by an unconstitutional parliament!!

  12. David Avatar
    David

    We aware of your opinion and until the courts rule differently there is no need to be repetitive.

  13. David Avatar
    David

    An interesting comment from former Attorney General Adriel Brathwaite and Blackman that the report represents/summarizes the most compelling oral and written submissions from the public. The blogmaster was under the impression that the report would have been influenced by the scholarship of the CRC as a collective. This was not their mandate. Would it have been better to have a CRC whose mandate tracked the role of framers of a constitution? This is a question from a lowly blogmaster. Bear in mind Barbados is not a country blessed with a citizen that is bullish on being civic minded and engaged on matters of governance, therefore the sample size canvassed by the CRC distorted the exercise.

  14. David Avatar
    David

    Verla DePeiza’s point about why continue with a ceremonial President is also valid. There is a role to add checks and balances to our system given the overarching power of the office of Prime Minister.

    That said the CRC report contains recommendations and final additions will rest with Cabinet a la Prime Minister:

  15. 555dubstreet Avatar
    555dubstreet

    “A Stand To Be Taken”

    Tropical Energy
    The Nature of the Republic of Barbados formation was to move on from the Trauma of the Past, Release Emotional Blockages and Heal.

    Destiny
    Barbados is a leader in the process which is applicable to all Caribbean nations, where there are English and French speaking African Slave Descendants, writing their own destiny.

    Where Is Our Place In This Society?
    When Did We Lose Our Identity?
    Why Did We Lose It?
    Why Did We Chose This Insanity?

  16. Pachamama Avatar
    Pachamama

    Some here continue to labour under a pretense that Bajans have some genetic predisposition to recoil from public participation.

    When these same Bajans are being paid or commit themselves to the agendas of others there seems never to exert this predisposition.

    Those who presume that the population has nothing better to do than to spend their every wakened moment being useful idiots in the service of systems not intended to serve them, such labours must in vain continue.

    Put some flesh on the table, consider the Bajan as still a colonial subject or the historical slave willing to be led by massa and certain house niggers!

  17. Pachamama Avatar
    Pachamama

    In general terms, and reviewing the documents, listening to the above, much toooo long for Bushie!

    This writer is not surprised that the CRC did not depart beyond the colonial rope around which the country and those 10 members surely are so tied.

    And while a dying former colonial power, at least one bank there, withdraws accounts from related parties, the British should really have no cause to worry because the eternal slave mentality has been well implanted in whatever the Bajan will decide on a future written constitution or anything else.

    Kill the mental Englishman!

  18. 555dubstreet Avatar
    555dubstreet

    The way things are are not the way things should be on Planet Earth.

    A better long term stratagem is a single Caribbean nation linking up with a United Africa and it’s dispersed diaspora to combine and link trade business and investment with natural friends like China / Asia.

    This would be the West / White Man’s worst nightmare and would be their biggest threat / clear and present danger.

  19. Pachamama Avatar
    Pachamama

    True Kiki!

    Based on this alone, your place in this classroom is ahead of all others!

  20. Bush Tea Avatar
    Bush Tea

    “In general terms, and reviewing the documents, listening to the above, much toooo long for Bushie!”
    ~~~~~~~~~
    Amen!
    Right again – as is often the case for Pacha.

    Bushie don’t have time to waste with shiite!
    When a fella clearly demonstrated that he CANNOT process similtaneous equations, the bushman REFUSES to listen to him on the topic of integral calculus.

    This whole Republic / Constitution Review is EXACTLY the IDENTICAL case of the band striking up another shiite tune on the top deck of the Titanic.
    The repertoire includes ‘We Gatherin 2025’ and Debt Restructuring.

    Last year they played tunes like Education reform and HOPE – ‘Housing Every Last Person’.
    LOL
    Bushie predicts that the grand finale tune will include weeping and gnashing of dentures – with audience participation….

    What a place!!

  21. William Skinner Avatar
    William Skinner

    @ David
    Yuh see what we mean : talk talk culture. Can’t do anything rite. Just think -can’t even get reports published. How long have this commission been sitting ? Has it fulfilled its mandate or is just another coloring book for Mottley. What about the one thousand member Commission /committee dealing with crime ? What about the economic consul or whatever it was called ? And on and on……………………

  22. David Avatar
    David

    @William

    Very disappointed with the final product.

  23. TLSN Avatar
    TLSN

    Off message:
    An infamous french ex- party political leader has passed away. I hope he made peace with his daughter. His period as a storm trooper in Algeria would define his future and legacy.

    https://www.theguardian.com/world/2025/jan/07/jean-marie-le-pen-french-far-right-leader-dies

    Mottley senior begat Mottley junior. Mottley junior begat M.I.A.

    It was painful to hear someone state that Barbados requires outsiders to breakup our country’s inbred nature vis-a-vis governance.

    I have only watched small segments of this video. I was encouraged to see that the country possess many fine individuals and groups whom would be capable of playing a greater role in Barbados society; if, only, they could push aside the inbred social, economic and political system that is hindering the development of Barbados majority population.

  24. TLSN Avatar
    TLSN

    “Has it fulfilled its mandate or is just another coloring book for Mottley”.

    The lady in question is simply defending the “narrow” status quo that has kept Barbados where it has always been throughout the ages.

    It has long been accepted that those in power have always defended the interests of a small number of special interest groups over the vast majority of its population.

  25. Pachamama Avatar
    Pachamama

    Bushie

    We don’t even think that this Commission understood all the facets of the technocratic global society as Brezinski wrote about and which has undergird American foreign policy until now.

    And this point from the geopolitical would be of particular interesting to you. For the thinking of Brezinski was to create circumstances where the technocrats ran everything. Circumstances where morally centered people like you would have no space, hereby taking this already zombie-like global society to extreme levels.

    How could a constitution have meaning when it fails to address the existential?

  26. John Avatar
    John

    This is a reference to the decision from Cicely Chase J. referred to by Justice Blackman.

    https://barbadostoday.bb/2022/03/15/former-ag-to-take-senate-challenge-as-far-as-ccj/

  27. John Avatar
    John

    Could go straight to the CCJ and seek special leave as there are no justices currently in the Court of Appeal who can hear it.

  28. John Avatar
    John

    The High Court’s ruling is as to the validity of the Senate!!!

    Very narrow.

    But the absence of a LOO also affects the Judiciary itself which has not been litigated!!

    Both the LOO and the PM have to be involved in advising the GG.

  29. Pachamama Avatar
    Pachamama

    Varoufakis, talk about the technocracy too. Several others.

  30. John Avatar
    John

    John
    January 7, 2025 at 2:07 pm
    Rate This

    The High Court’s ruling is as to the validity of the Senate!!!

    Very narrow.

    But the absence of a LOO also affects the Judiciary itself which has not been litigated!!

    Both the LOO and the PM have to be involved in advising the GG.

    +++++++++++++++++++++++++++++++++++++++++++++++++

    ….. and now, from the sublime to the ridiculous!!

    Acting Appointments: Ms. Cicely Chase, Q.C. to act as Judge of the High Court was gazetted on 18th September 2018, when there could not possibly have been a LOO!!

    https://www.barbadosparliament.com/uploads/gazette/8ebd2599a9c28fda50ee6a89a51d297e.pdf

  31. Pachamama Avatar
    Pachamama

    There is no GG!

    Is your racism now failing to recognize even this reality

  32. TLSN Avatar
    TLSN

    All this talk of sovereignty. Let’s not get ahead of ourselves.

    https://www.bbc.co.uk/news/articles/c4gzn48jwz2o

  33. 555dubstreet Avatar
    555dubstreet

    The problem with constitutions is anal people parse it for meaning and lose all common sense. An example is the LoO is a just a bit player in Parliament theatrics. Laws should be flexible and fluid like water not cast in stone like historical statues and statutes.

  34. Donna Avatar
    Donna

    Murdaaaaah! The Panama Canal, Greenland, Canada and today he announced that the Gulf of Mexico will be renamed the Gulf of America because it belongs to the United States of America.

    This is going to be fun!

  35. NorthernObserver Avatar
    NorthernObserver

    A pappy show.
    When the resigning PM of Canada spoke to a single regret, it was not fulfilling his initial promise to change the first past the post system. He paid for that.
    Who gives a flying flamingo what a Constitution says? The pols will do as they please anyways, usually by changing the applicable statue. Do we forget how Adams and McConney became Senators?
    Has the laws requiring Annual Reports forced any of those elected in the past 18 years to ‘comply with the law’.
    Yawn.
    The least that could be done, is to enter the many Government offices still displaying a picture of the GG of Barbados.

  36. John Avatar
    John

    Pachamama
    January 7, 2025 at 3:29 pm
    1 Vote

    There is no GG!

    Is your racism now failing to recognize even this reality

    ++++++++++++++++++++++++++++++++++++++++

    Cicely Chase J. was appointed as an acting Judge in the Gazette of 10th September 2018.

    There was no leader of the opposition to consult with the PM, ….. in fact, no PM, so her decisions are all voidable!!

    It means that the validity of Parliament is up in the air!!

  37. David Avatar
    David

    Update us on the backlog

    WHILE IT IS SIGNIFICANT that the year has dawned with the appointment of three more Supreme Court judges, adding to the complement of those selected in recent years, it should soon be a source of encouragement, or disappointment, to the public to reveal just how much the backlog has been reduced.

    The dire situation, existing for more than a decade, has been in the cross hairs of the present Government for six years, and on Monday three more judges – two appointed and one acting – were included in the complement of eight in the criminal division, seven in the civil division and six in the Court of Appeal.

    It, however, begs the question as to just how many cases have been disposed of; how many delayed decisions resolved.

    These appointments have also been bolstered in the past year by legislation, with two bills being passed by both Houses of Parliament: the Civil Procedure (Amendment) Act which amended CAP 127 in order to enable an accused person to choose to be tried by a judge sitting alone rather than by a jury of his peers, and the Criminal Justice (Plea Negotiations And Agreements) Act

    which provides for relevant negotiations and agreements between the accused and prosecutor in criminal cases and for related matters.

    The first, passed last June, has immense potential to create an environment of speedier and less expensive trials, which could be enhanced by judges’ expertise in giving sounder decisions than a jury, particularly in complex criminal cases.

    Attorney General Dale Marshall has emphasised the last asset in noting that because judges are legal experts with a firm understanding of the law in circumstances where the jury may have none, weightier decisions are likely in judge-alone trials.

    Though noting the possibility of bias since judges are themselves fallible human beings, he has cited their ability to make dispassionate decisions based on the law and the required burden of proof.

    Judge-alone trials

    Judge-alone trials now trend in other Commonwealth Caribbean nations, and the feedback from members of the regional judiciary exemplify proof of and hope for speedy resolutions. In fact, in a conference of the Caribbean Association of Judicial Officers in 2021, some 94 per cent of attending judges supported the wider implementation of judge-alone trials across the region, with 22 per cent agreeing and 72 per cent strongly agreeing.

    However, it is left to be seen in Barbados how many accused people, and their counsel in particular, will agree to opt for anything other than jury trials that have traditionally been a safeguard against bias and any dictatorship from the bench.

    In relation to the plea-bargaining legislation, passed in July, the jury is also figuratively out as to whether this can reduce a backlog that has faced criticism at home and region-wide, mainly from the Caribbean Court of Justice (CCJ).

    Four years ago, Justice Denys Barrow of the CCJ blasted the local Court of Appeal for taking four years to deliver a civil decision in a property dispute. Deeming the delay unacceptable, he cited Section 18 of the Barbados Constitution in that regard: ensuring the protection of the law and a fair hearing in reasonable time.

    Indeed, this is a fundamental right protected by the International Covenant on Civil and Political Rights and the American Convention on Human Rights, both of which Barbados is party to.

    Just three months ago, Justice Rajnauth-Lee, also a CCJ judge, lamented that “the criminal justice system in Barbados continues to be plagued by inordinate delay” and that the court “looked forward to a brighter day when delay will be substantially reduced, if not eradicated, in Barbados”.

    Therefore, while the maxim that justice delayed is justice denied haunts the local legal system, the Government has sought to wrestle it to the ground, appointing now-retired Chief Justice Sir Patterson Cheltenham, current Chief Justice Leslie Haynes and two Court of Appeal judges last May, followed by two others in July and three last Monday.

    The experienced Haynes’ eight months on the Bench so far seem commendable in Government’s ongoing efforts, but Barbadians can hardly wait to see closure in several delayed decisions along with justice for those spending inordinately long periods on remand.

    Source: Nation

  38. David Avatar
    David

    Here is BT’s editorial. The report has been submitted to Cabinet therefore the job of the CRC is finished. Requesting the CRC to included an addendum etc is moot.

    _________________________________

    A new constitution demands deeper, more inclusive change

    Today’s Editorial
    A constitution is more than a supreme statute—it is a manifesto of national identity and aspirations, a contract between the governing and the governed. The people have spoken, even more profoundly now, on the report of the Constitutional Reform Commission than in the town hall meetings that preceded it; it is up to the commission and our legislators to listen and act. There may yet be time to fashion a republic of the people, by the people, and for the people, inspired, exulted, free.
    The latest forum exposed a troubling gap between the aspirations of our citizens and the proposals put forth by the Blackman Commission. While we acknowledge the commission’s efforts, the criticisms voiced by citizens at the Frank Collymore Hall consultation were an irresistible call to ‘wheel and come again’.
    The characterisation of the reform report and its recommendations as “embarrassing” and “antiquated” by forthright citizens like Norma Springer underscores a fundamental issue: our fledgling republic risks adopting a constitution that fails to reflect the progressive, forward-thinking nation we aim to be. The glaring absence of innovative thinking and the lack of engagement with academia and youth voices in this process is particularly alarming and must be addressed.
    Several critical issues have been conspicuously absent from the Blackman report, each demanding urgent consideration. The rejection of proposals for parliamentary term limits, despite significant public support, requires both explanation and reconsideration. In an era where end-of-life choices are increasingly recognised, the constitution’s silence on the right to die-and indeed a wide range of privacy issues such as women’s reproductive rights-is a glaring oversight. We were particularly distressed by the absence of formal processes for introducing citizen-inspired debate and legislation through petitions and the rejection of parliamentary recall. These omissions undermine our democratic engagement.
    To truly embody the spirit of a republic- in Latin, ‘res publica’ or a ‘public affair’- it is time to move beyond the hierarchical, commission-based approach reminiscent of our colonial past. Instead, there should have been a more inclusive, participatory process: a reenactment of the constitution by the people through the establishment of a representative constitutional convention, comprising citizens from all walks of life and every parish, to draft and debate constitutional provisions. We must implement mechanisms for direct citizen input, such as online platforms and community forums, to gather ideas and feedback throughout the process.
    Such a constitutional convention would harness the expertise of panels in various fields to provide informed perspectives on complex issues. A parallel youth parliament would ensure the voices of young Barbadians are heard and incorporated into the constitutional framework. On contentious or fundamental questions, internal debate and votes on clauses should be held to ensure broad public consensus, truly putting the power of constitutional reform in the hands of the people.
    We urge the Constitutional Reform Commission to acknowledge the public’s criticisms and, at the very least, publish a minority report or an addendum before the full report is laid before Parliament. This addendum should comprehensively address the omissions highlighted by the public, including term limits and mechanisms for citizen petitions. It should provide a more innovative vision for Barbados’ constitutional future, incorporating the cutting-edge democratic practices the public has called for. The addendum is the very essence of the democratic process, outlining a more inclusive process for the final stages of constitution-making, that reflects a truly republican approach and responds to widespread concerns. Crucially, it should propose mechanisms for ongoing constitutional review and amendment to ensure our supreme law remains relevant and responsive to changing societal needs.
    In our ongoing transition from a monarchy to a republic, our constitution should reflect not just a change in the head of state and other forms of political window dressing – just as the Independence constitution was presented in 1966 – but a fundamental shift in how we govern ourselves. It must be a living document that embodies the aspirations and values of all Barbadians, not just a chosen few. The public’s engagement and criticism demonstrate the deep interest Barbadians have in shaping their governance. This passion should be harnessed, not sidelined. The new constitution can still be a document that truly reflects the will of the people and sets a new standard for democratic governance in the Caribbean and the Commonwealth.

  39. John Avatar
    John

    Jurisdiction Barbados
    Judge Madam Justice Cicely Chase
    Judgment Date 14 March 2022
    Neutral Citation BB 2022 HC 69
    Docket Number CIV 109/2022
    Court High Court (Barbados)
    In the matter of the decision by The President to Convene the Parliament of Barbados

    And In the matter of the Administrative Justice Act Cap 109B of the Laws of Barbados

    Between:
    Adriel Dermont Brathwaite
    Applicant
    and
    Attorney General of Barbados
    Respondent
    Before
    the Honourable Madam Justice Cicely Chase Q.C., Judge of the High Court

    CIV 109/2022

    IN THE SUPREME COURT OF BARBADOS

    IN THE HIGH COURT OF JUSTICE

    Appearances:
    Mr. Garth Patterson Q.C. in association with Miss Michelle Russell and Mr. Rico Yearwood, Attorneys-at-Law for the Applicant

    Mr. Leslie F. Haynes Q.C., Mr. Roger C. Forde Q.C., Mr. Alrick Scott Q.C., Mr. Gregory Nicholls, Mr. Kashawn Wood, Miss Simone Scott and Miss Kaila Headley in association with Messrs Carrington and Sealy per Dr. H. Adrian Cummins Q.C., Mrs. Sherica Mohammed-Cumberbatch and Mr. Jason Wilkinson, Attorneys-at-Law for the Respondent

    Background and Factual Matrix
    1 On the 9 th day of February 2022, the Applicant, Adriel Dermont Brathwaite, filed an action in the Civil Division of the High Court by way of Fixed Date Claim Form (FDCF) against the Attorney General of Barbados (AG).

    The Fixed Date Claim Form of the Applicant inclusive of its grounds and relief sought

    2 The Fixed Date Claim Form (FDCF) was filed together with an Affidavit of Urgency of even date on the 9 th February 2022. There was no Certificate of Urgency on the Court’s file.

    3 Regarding the Fixed Date Claim Form [FDCF], the following relief was prayed at Section B as amended by the oral application of the Respondent Q.C. on the 11 th day of February 2022 and by document entitled Amended Fixed Date Claim Form [FDCF] on the 17 th day of February 2022 as follows:

    1. A declaration that the Senate is not properly constituted under Section 36 of the Constitution of Barbados and has not come into existence;

    2. A declaration that by reason of the fact that the Senate is not constituted in accordance with Section 36 of the Constitution the Parliament is not properly constituted under Section 35 of the Constitution;

    3. A declaration that Her Excellency the Most Honourable Dame Sandra Prunella Mason, President of Barbados has the power and the duty to act on her discretion in the exercise of her function of appointing two Senators to the Senate pursuant to Sections 36 (3), 62 (2) and 75 (a) of the Constitution;

    4. (as amended) A declaration that the decision of the President not to appoint two Senators Pursuant to Section 36 (3) of the Constitution was an arbitrary, unreasonable and/or irregular and/or improper exercise of discretion and/or and abuse of power and/or irregular and/or improper exercise of discretion and/or an abuse of power and/or was made in contravention of Sections 36 and 62 (2) of the Constitution and was accordingly invalid, null and void;

    5. A declaration that the President’s failure, omission or refusal to appoint two Senators pursuant to Section 36 (3) was an arbitrary, unreasonable and/or irregular and/or improper exercise of discretion and/or abuse of power and/or was in contravention of section 36 of the Constitution and/or contrary to Section 62 (2) of the Constitution;

    6. A declaration that the decision of the President to appoint the 4 th day of February 2022 as the date of commencement of the current Session of Parliament, pursuant to Section 60 of the Constitution and before the appointment by her of all twenty-one Senators in accordance with Sections 36 (1) and 62 (2) was an arbitrary, unreasonable and/or irregular and/or improper exercise of discretion and/or and abuse of power and/or was made in contravention of Section 36 of the Constitution and was accordingly invalid, null and void;

    7. (as amended) An order of certiorari quashing the said decision of the President;

    8. A declaration that any business that the Senate and/or the Parliament purported to transact on or after the 4th day of February 2022, including any law purportedly enacted by it, is unconstitutional by reason of the contravention of Sections 35 and 36 of the Constitution and accordingly, invalid null and void; and

    9. Alternatively, a declaration that;

    a. The Senate, as presently constituted with eighteen members, has no power to pass a Bill of Parliament that alters the Constitution: and

    b. Any Act of Parliament so passed is unconstitutional and accordingly, invalid, null and void .

    4 The grounds on which the relief was being sought were set out at pages 5 to 14 inclusive of the FDCF.

    5 The Applicant sets out the following grounds:

    1. He is a citizen of Barbados and former Attorney General. He is an Attorney-at-Law a public minded citizen with a right to apply to the Court seeking strict compliance by the President and the legislative branch with all the provisions of the Constitution and other applicable laws. The High Court has the inherent jurisdiction and/or jurisdiction under the Administrative Justice Act Cap 109B of the Laws of Barbados to grant relief if the Court is satisfied that the person’s application is justifiable in the public interest:

    2. The Respondent is sued in his capacity as Chief Legal Advisor to the Government of Barbados. He is the proper party to be sued for judicial review applications or constitutional law matters where impugned administrative acts or omissions as those defined by the Administrative Justice act Cap 109B (AJA) are those of a head of state such as the President. The Attorney General is also the proper party to be sued where any claim is made which seeks to impugn and legislation that may have been, or is in the process of being enacted by the Parliament .

    6 The Applicant referred to the dissolution of the Parliament of Barbados by Her Excellency the Most Honourable Dame Sandra Prunella Mason the President acting on the advice of the Prime Minister on the 27 th December 2021. As a result, all of the seats of the Senate became vacant pursuant to Section 39 of the Barbados Constitution. Writs of a general election were issued and a general election was held on the 19 th January 2022 and as a result thereof, all 30 candidates of the Barbados Labour Party were elected to the House of Assembly. Thereafter, Her Excellency the Most Honourable Dame Sandra Mason President appointed a total of 18 persons to sit in the Senate.

    7 Further, by Proclamation on the 3 rd February 2022, relying on the powers granted to her pursuant to Section 60 (1) of the Constitution, the President appointed Friday the 4 th February 2022 for the commencement of a new Session of Parliament. On that day, both Houses of Parliament were convened and purported to transact business in accordance with the requirements of the Barbados Constitution including electing a Speaker and a Deputy Speaker of the House of Assembly and in the case of the Senate, electing the President and the Deputy President of the Senate.

    8 On Friday the 4 th February 2022, a Bill entitled “An Act to alter the Constitution to change the qualifications for membership of the Senate and the House of Assembly” was laid in the House of Assembly. The Bill sought to alter Sections 37, 43 and 75 of the Barbados Constitution pursuant to Section 49 thereof and on the 8 th February 2022, the House of Assembly unanimously passed the said Bill.

    9 The Applicant contended that the Senate is not properly constituted under Section 36 of the Constitution. That Section states that the Senate shall consist of twenty-one persons, who being qualified for appointment as Senators in accordance with the provisions of this Constitution, have been so appointed in accordance with the provisions of this Section.

    10 The Applicant contended that the Senate must be constituted with 21 Senators in accordance with Section 36 of the Constitution before the Senate may meet and that the Senate does not exist unless it is constituted as required by that Section, with the 21 Senators as stated.

    11 Moreover, the Applicant contended that until the Senate is brought into existence, Parliament is not properly constituted in accordance with Section 35 of the Constitution and may not be convened. Section 35 states that “The Parliament shall consist of the President, a Senate and a House of Assembly.”

    12 The Applicant contended as a further ground that the President has the power and the duty to act in her discretion in the exercise of her function of appointing two Senators to the Senate pursuant to Sections 36 (3), 62 (2) and 75 (a) of the Constitution.

    13 He explained further that as a result of the Barbados Labour Party winning all 30 seats in the House of Assembly, there is no person qualified to hold the office of the Leader of the Opposition. Therefore, Section 75 (a) of the Constitution is engaged and the President is required by Sections 36 and 62 (2) to proceed to the appointment of all twenty-one of the Senators and not just 18 Senators.

    14 The Applicant said that the decision of the President not to appoint two Senators in accordance with Section 36 (3) was arbitrary, unreasonable, irregular and an improper exercise of the discretion or an abuse of power made in contravention of Sections 36 and 62 (2) of the Constitution and was therefore invalid, null and void because Section 62 (2) of the Constitution requires that as soon as may be possible after every general election, the President shall proceed under Section 36 to the appointment of Senators.

    15 The Applicant further contended that Section 36 of the Barbados Constitution requires the President to approve 21 Senators in all and she has appointed 11 Senators acting on the advice of the Prime Minister. The twelfth Senator who the Prime Minister is entitled to select, has not been nominated or appointed.

    16 By virtue of Sections 36 (3) and 36 (4) and Section 75 of the Barbados Constitution, the President is entitled to appoint all of the remaining nine (9)…

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  40. 555dubstreet Avatar
    555dubstreet

    There is nothing in the Constitution that explicitly states a Parliament is null and void if there is no one who meets the criteria to be Leader of Opposition due to a landslide result.

  41. Pachamama Avatar
    Pachamama

    We have to stop thinking about our people in terms of “the governed and the government”, are these concepts not nearer to slavery, imperialism, colonialism, despotism, fascism, while pretending the people are in charge?
    And if the people are to be in charge of themselves why not turn these concepts on their heads, literally?

  42. Bush Tea Avatar
    Bush Tea

    “We have to stop thinking about our people in terms of “the governed and the government”, are these concepts not nearer to slavery, imperialism, colonialism, despotism, fascism, while pretending the people are in charge?”
    ~~~~~~~~~~~~~
    You are a Boss Pacha.

    That a people who were created in God’s own image, can be induced to accept to be ‘governed’ by a select set of patently incompetent brass bowls, speaks volumes about our current demise.

    As to turning on the concept of SELF ACTUATION in brass bowl heads…. Bob Marly has already explained ‘mental slavery’.
    Centuries of torment, brainwashing, and ‘down-breeding’ would have exterminated a lesser people.

    But just look at the impact of Credit Unions in BB – even with the brass bowl limitations, and you will see the potential value of what you are saying…

    But how do we escape the mental chains…?

    What a place
    What a quagmire

  43. Terence M Blackett Avatar
    Terence M Blackett

    WHAT A GREAT START 2 THE APOCALYPTIC YEAR 2025 – THE CITY OF FALLEN ANGELS: #LosAngeles BURNS

    WE IGNORE PROPHECY AT OUR OWN PERIL

    #WhatAWorld
    #WhatDamnationApproaches

    #StayTuned

  44. 555dubstreet Avatar
    555dubstreet

    “We are going to emancipate ourselves from mental slavery because whilst others might free the body, none but ourselves can free the mind. Mind is your only ruler, sovereign. The man who is not able to develop and use his mind is bound to be the slave of the other man who uses his mind.”
    ― Marcus Garvey

    Barbados is a small community that is critical of Government
    How should this be represented in Governance where people are able to provide dissent and feedback and be heard in the change processes

    Suits You
    The new Constitution seems to be a ready made suit and not tailor made

  45. Bush Tea Avatar
    Bush Tea

    @ Terence
    BUT …If we can analyze and rationalize these various events individually then we really have no need to panic.
    It can all be explained by ‘Global Warming’ ….. no WAIT!!!
    Make that Climate Change… and we know that the simple solution is for us to all buy electric vehicles and talk about renewable energy….

    Ha ha Ha
    What a world…
    How is it even possible – NOT to see the writing on the big wall…?

  46. Bush Tea Avatar
    Bush Tea

    @ Kiki
    What free what own mind what!!

    BBs have NO ABILITY to do such on their own…
    Even your much vaunted Mary J can’t do it per se…

    All the tampie does is open the mind to SPIRITUAL manipulation.
    So when used by the prophets of God, this brings insight , clarity of vision and wisdom. BUT when used otherwise, it opens one to the OTHER dark spiritual influences….

    Remember…
    The battle is NOT one against flesh and blood (human minds and bodies) but between spiritual forces in high places…

    FYI, …What you DO have, is the ability to call for help from the right spiritual forces.
    However that request MUST be accompanied with true repentance and commitment to positive change (sackcloth and ashes)…

  47. Pachamama Avatar
    Pachamama

    A constitution comes at a time when the French philosopher, Emmanuelle Todd, has argued in his the new book, only in French so far, amongst other things, that Russia has defeated the West, which most of us have known.

    And that Trump’s main task, despite his bellicosity, will be to negotiate the terms of that defeat.

    However, this writer is less convinced that the highly respected Todd. Even as Putin and Trump have both signaled that such a conversation will happen early on. Even as the dying empire lashes out at Mexico and others.

    As things are presently, Biden, who sought the strategic defeat of Russia and Trump who did what Obama didn’t do in arming Ukraine with offensive weapons aimed at Russia, with all that these meant, neither he nor his most senior foreign policy adviser, Blinken, has spoken to either Putin or Lavrov in more than two years, at a time when there were escalations on both all sides. When the use of nuclear weapons was made more likely.

    This writer highly doubts Donald Trump has ever been committed to peace. For as an arch imperialist hie’s more about Russia’s surrender not even coexistence. We’re unsure that he has the ability to outfox the Deep State. That America will ever be able to surrender their rules based empire without a direct war or series of such on their own territories.

    Those rules, subject to change, made by America, demanding obeisance from one and all, except themselves and selected friends, of course!

    Instead we expect Trump to attack BRICS countries, Indonesia being the latest full member, as announced from Brazil this week. Maybe the Barbados constitution is not the place for these issues, in detail. However, that it does not appear interested in creating an opening to an internationalism substantially different than before is disappointing.

    Given the government’s foray into Africa. With Africa being the continent having the largest number of young people by 2050. The place where growth will surpass all others by then. Countries destined to play larger roles within BRICS. And Barbados a ‘Republican state’ failure to seek alternatives, including to even consider being the first small island-state to be a partner or full member of BRICS.

  48. 555dubstreet Avatar
    555dubstreet

    Bob wrote Redemption Song in 1979 his lyrics about Mental Slavery were taken from a speech given by Marcus Garvey in 1937

    This ones is top ranking no skanking
    Tribute To Marcus Garvey
    Black leader tried to liberate black man
    Standing ovation
    Coming from the number one dub station
    Down here in J1

  49. Bush Tea Avatar
    Bush Tea

    @ David
    Brass tacks today is sweet.,, nuh!!??
    Bajans complaining about the foreign owned banks jucking out their eyes, treating them like cattle, and robbing them blind.

    How perceptive of us – now that the horses has left the stable.

    Many of these same complainers praised the handover of the BNB to the trickidadians.. and refused to entertain the REQUIREMENT of high standards from LOCAL management and politicians, that would have been needed for local success.

    Then again…
    This is probably a sign of how FOOLISH many of us will feel shortly, …when we start to REALLY suffer the effects of having chosen the brassbowlery of the albino-centric greed and materialism, OVER the righteousness and LOVE that was prescribed by the CREATOR.

  50. David Avatar
    David

    @ Bush Tea

    You are correct, horse has left the stable. All of the utilities do as they like. The NIS(S) and other government agencies do as they like etc. that said there are reputations to be made.

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