• Latest
Revisiting Mr Cabral Douglas’ Claims Against The CCJ

CCJ reserves ruling on preliminary arguments in David Bain case

3 years ago

Weather Bulletin: Saturday, 25 June

7 hours ago
AEC statement regarding Covid-19 situation confronting the nation

Statement on 2022 General Elections

12 hours ago
Claims of coronavirus at SGU designed to create fear and panic

Covid-19 update: Grenada Dashboard 24 June 2022

12 hours ago
NDC announces 7 candidates

Caribbean leaders congratulate Dickon Mitchell on assuming Grenada PM’s office

12 hours ago
National Cleanup Begins Friday

Tropical wave to affect State of Grenada on Sunday

12 hours ago
Supervisor of Elections signs agreement with Chief of OAS Observer team

OAS Electoral Observation Mission reports for Grenada General Elections 2022

22 hours ago
NDC wins Grenada’s General Election 2022

General Elections Results 23 June 2022

1 day ago
STAR Intervention Programme brings out best in RGPF

Despite overwhelming success at the polls…A word to the wise!!

1 day ago
OECS Family Launches 195in365 Global Environmental Initiative

OECS Family Launches 195in365 Global Environmental Initiative

2 days ago
NDC announces 7 candidates

OECS Commission congratulates newly elected PM and Government of Grenada

2 days ago
New executive leading the work of the CCG

Statement from the Conference of Churches in Grenada

2 days ago
Prime Minister’s Address: Grenada’s preparation for Covid-19

Former PM speaks with PM-elect

2 days ago
NOW Grenada
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us
No Result
View All Result
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us
No Result
View All Result
NOW Grenada
No Result
View All Result

CCJ reserves ruling on preliminary arguments in David Bain case

This story was posted 3 years ago
8 May 2019
in Law, PRESS RELEASE
3 min. read
Caribbean Court of Justice
Share

A 5-member panel of Judges of the Caribbean Court of Justice (CCJ) on Tuesday, 7 May reserved judgment on certain preliminary legal issues in the case brought by Grenadian David Bain against the Republic of Trinidad and Tobago.

On 9 October 2018, Bain applied for leave to bring proceedings against the Republic of Trinidad and Tobago for breach of his freedom of movement rights under the Revised Treaty of Chaguaramas, regarding his 4 December 2017 denial of entry there to attend the wedding of a family member and to enjoy Trinidad for a few days. At a Case Management hearing of the matter on 20 November 2018, he became the first Grenadian to be granted leave to commence proceedings in the Original Jurisdiction of the CCJ, which he instituted on 27 November 2018.

At another Case Management conference on 30 January 2019 the court identified 3 preliminary points to be addressed by the parties based on the Defence to Bain’s claim filed by the Republic of Trinidad & Tobago:

i) Whether Bain waived his rights to be treated as a Caribbean Community national by the immigration authorities of the Republic of Trinidad & Tobago on his presentation of a completed immigration form acknowledging citizenship of the United States of America along with a valid United States of America passport and thereby invoking citizenship of the United States of America;

ii) Whether it would make a difference in the establishment of any such waiver if Bain’s disclosure of his Grenadian citizenship occurred before or after the decision was made by the immigration authorities to deny him entry into Trinidad & Tobago.

iii) Whether the presentation by Bain of his Grenada National Identification Card and his Driver’s Licence was sufficient to conclusively determine his Grenadian citizenship and thereby entitle him to be treated by the Republic of Trinidad & Tobago as a national of a Caribbean Community member state.

The Court also invited both the State of Grenada and the Caricom Secretariat to make submissions in the matter.

At Tuesday’s hearing, and in written submissions prior, both the Caricom Secretariat and the Republic of Trinidad & Tobago submitted that the Caricom passport, save for Montserrat and Haiti, is the only current appropriate document for Caricom nationals to invoke the right to freedom of movement. When Bain entered Trinidad & Tobago in December 2017 he was travelling on his US Passport.

Bain’s attorneys, on the other hand, submitted that he (Bain) had produced sufficient evidence to the Trinidad Immigration authorities to establish his Grenadian nationality – being a dual citizen of both Grenada and the United States – including his Grenadian Driver’s Licence and his Grenadian Voter ID Card. Bain’s US passport also reflected his place of birth as Grenada.

It was further submitted on behalf of Bain that once he established he was a Grenadian citizen he was entitled to be treated by the Trinidad immigration authorities as a Caricom national.

Tuesday’s hearing was presided over by CCJ President Adrian Saunders and included Justices Jacob Wit David Hayton, Winston Anderson and Andrew Burgess.

Attorneys involved in Tuesday’s hearing included Ruggles Ferguson and Patrick Superville of Ciboney Chambers for the Applicant Bain; Rishi Dass, Sasha Sukhram and Sean Julien for the Republic of Trinidad and Tobago; and Dr Corlita Babb-Schaefer and Sandra Bart for the Caricom Secretariat.

The CCJ, in its Original Jurisdiction, has exclusive authority to interpret and apply the Revised Treaty of Chaguaramas which makes provision for the Caribbean Single Market and Economy (CSME).

CSME embraces free movement of Caricom nationals.

Ciboney Chambers

NOW Grenada is not responsible for the opinions, statements or media content presented by contributors. In case of abuse, click here to report.
Tags: caribbean court of justicecaribbean single market and economycaricomciboney chamberscsmedavid bain
Next Post
Stakeholders informed on the process to access Green Climate Fund finance

Stakeholders informed on the process to access Green Climate Fund finance

Comment on post Cancel reply

Please enter your valid email address.
Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

[bsa_pro_ad_space id=9 crop=”no” max_width=300]

© NOW Grenada. All Rights Reserved. Published by Aqua Design Inc. | Terms of Use | Privacy Policy

No Result
View All Result
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us

Copyright NOW Grenada

We are using cookies to give you the best experience on our website.

You can find out more about which cookies we are using or switch them off in settings. Visit our Privacy Policy | Terms of Use.

Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. Visit our Privacy Policy | Terms of Use.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.