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Your Excellency Mr. Anthony Thomas Aquinas Carmona O.R.T.T.,

S.C.,President of the Republic of Trinidad and Tobago and Mrs.
Reema Carmona
His Lordship the Honourable Ivor Archie, Chief Justice of the
Judiciary
The Honourable Keith Rowley, Prime Minister of the Republic of
Trinidad and Tobago
Senator the Honourable Christine Kangaloo, President of the Senate
The Honourable Bridgette Anisette-George, Speaker of the House of
Representatives
The Honourable Faris Al Rawi, Attorney General
Other Members of the Cabinet
The Honourable Kevin Charles, Chief Secretary of the Tobago House
of Assembly
Mrs. Kamla Persad-Bisssessar, S.C., Leader of the Opposition
Your Excellencies, Ambassadors and Heads of Mission accredited to
Trinidad and Tobago
The Right Honourable Sir Charles Denis Byron, President of the
Caribbean Court of Justice, and Lady Byron
Honourable Justices of Appeal and Judges and Masters of the
Supreme Court
His Grace the Archbishop of Port of Spain

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Heads of Religious Bodies
Presidents, Chairpersons and Members of Superior Courts of Record
Chief of Defence Staff, Brigadier General Rodney Smart
Commissioner of Prisons (Ag.) Mr. Cecil Duke
Chief Fire Officer Mr. Roosevelt Bruce
His Worship Keron Valentine, Mayor of Port of Spain
His Worship Kazim Hosein, Mayor of San Fernando
Judges of The Caribbean Court of Justice
Her Worship Mrs. Marcia Ayers-Caesar, Chief Magistrate and other
Magistrates
Members of the Legal Fraternity, the business sector, religious
organisations and civil society
Other specially invited guests
Members of the Media

I am indeed grateful for the invitation extended to me by the

Honourable Ivor Archie, Chief Justice of Trinidad and Tobago to
share my thoughts at this inter-faith service to mark the Ceremonial
Opening of the Law Term. I hope that we can bring our contribution
to the resolution of the transformational issues of the judiciary
system.
I am also please to be back in this beautiful land that I called home
for nearly four years. My wife and I have very fond memories of the
people of this country; of our friends with whom we have shared so

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many beautiful moments; of the joy of living of the trinbagonians.
We have learned that in this country personal relationships always
come first.
It was an honor to represent my country as High Commissioner of
Canada. I am convinced that Chief Justice Archie sought to pay
tribute to the common values that bind our two countries in the rule
of law and human rights. Our countries have developed close
cooperation in criminal justice reform, the drug treatment courts,
the fight against money laundering, transparency in the
procurement process, the Extractive Industry Transparency
initiative. We are also supporting the Caribbean Court of Justice. I
am particularly proud of the support we have given to many NGOs
that provide assistance to at-risk youth, victims of crime and women
victims of violence.
The theme for this year is re-setting the Criminal Justice System. In
my view, this objective should be based on strong moral values that
generate social change. Greek philosophy was the first to define
those values as natural justice. For the Greek philosophers, natural
justice was a moral, religious and even a biological order that is
independent of the evolution of human laws and traditions.
According to Aristotle the interaction between justice and human
equality is part of the Universal Law.
Centuries have passed but this moral framework of human
civilization has remained. The Universal Declaration of Human Rights
recognizes them in its preamble: Whereas recognition of the
inherent dignity of the equal and inalienable rights of all members of
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the human family is the foundation of freedom, justice and peace in
the world.
The core principle of equality of human beings Is the catalyst of
Article 7 of the Universal Declaration of Human Rights: All are equal
before the law and are entitle without discrimination to equal
protection of the law. The declaration also recognizes as a human
right the way such equality must be exercised by the courts:
Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights
and obligations and of any criminal charge against him
And then, what is the role and obligations of the state and its
institutions? There is a fundamental social contract between the
state and the community. The state is the trustee of its governed.
Public authority must respect its legal norms; it shall respect the
human rights. It is subject to the same legal obligations as the
people. This is the rule of law.
Its the United States Supreme Court Judge Sonia Sotomayor who
better summarized this concept: I firmly believe in the rule of law as
the foundation for all basic rights. Effective rule of law reduces
corruption, combats poverty and disease, and protect people from
injustice. It is the foundation for communities that live in peace and
that can provide equal opportunities. It is the bedrock of human
development. Without rule of law there is no democracy. If the laws
and constitution of a nation cannot be enforced in a fair, honest and
independent manner, the citizens lived under the rule of perverted
laws.
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Coming back to the thematic of the law term opening ceremony, a
resetting of the criminal justice system does not only mean to
address what is broken in its governance. It is to put at the center
the people who find themselves in a state of brokenness. It is to
respect the universal moral values of dignity and equality of human
beings.
Access to justice is a human right. The International Covenant on
Civil and Political Rights is unequivocal. Article 9 stipulates that
anyone arrested or detained on a criminal charge shall be bought
promptly before a judge or another officer authorized by law to
exercise judicial power and shall be entitled to trial within a
reasonable time or be release. It shall not be the general rule that
persons awaiting trial shall be detained in custody..
In 2016, the Supreme Court of Canada delivered a ground-breaking
judgment on access to justice that has disrupted the Canadian
judicial system as well as all the Ministries of Justice of the Provinces
and of the Federal Government.
Barrett Jordan was charged in December 2008 for taking part in a
drug deal in British Columbia but was not convicted until February
2013. His lawyers appealed the case, arguing that the delay of 49
months was unreasonable.
A majority of judges decided that: All the parties were operating
within the culture of complacency toward delay that has pervaded
the criminal justice system in recent years.An unreasonable delay
denies justice to the accused, victims and their families and the
public as a whole. The convictions of Jordan were set aside and a
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stay of proceeding entered. For cases going to trial in the Superior
Court, the ceiling beyond which delay is presumptively
unreasonable, was fixed at 30 months and 18 months for the
Provincial Courts.
Because of this judgment, several charges for criminal offenses were
rejected by Canadian courts. It was a shock treatment. For instance,
hundreds of millions of dollars are now being spent by the provincial
and federal governments for the hiring of new judges, crown
prosecutors and staffers. The Federal Minister of Justice has
introduced legislation to eliminate various minimum sentences to
facilitate voluntary plea of guilty.
In Trinidad and Tobago as in many countries of the Caribbean, the
high crime rate overwhelms the justice system with caseloads that
far exceed the processing capacity of the criminal justice system. An
accused can be held in remand without trial for periods up to ten
years. The whole chain of judicial actors is faced with significant
budgetary restrictions.
As a result, public perception of the judicial system's ability to solve
insecurity problems is very low. It is not surprising that the public
opinion calls for a tough on crime approach. A survey has shown
that 89.9% of citizens believe that criminality should be punished
more harshly.
It is not because more offenders are imprisoned that crime
diminishes. For instance, the USA has six time more inmates than
Canada with a murder rate per 100 000 inhabitants 2.5 time higher
than the Canadian rate (4.2 vs 1.6).
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Is the repressive approach the only option? Are not the victim and
the community injured when a crime is committed? What does the
universal moral values of human dignity and equality dictate to us?
Ancient wisdom can help to resolve the justice issues of our times. A
Nunavit Inuit elder interviewed about indigenous legal traditions
before the arrival of Europeans in North America, said: We always
had regulations in our camps. When someone had a bad behavior,
the elders of the community gathered and took care of the
individual. Oral tradition reports that in front of the community, the
father of a murderer gave his son to the victim's parents so that he
assumed the responsibilities of their son, who were to hunt, split the
wood and, more generally, insure their subsistence. Through this
gesture which the community witnessed, the murderer was obliged
to restore some of what had been caught by his reprehensible
gesture.
Victor Hugo, the poet and French writer, once said: Nothing is
stronger than an idea whose time has come.
This idea today is a paradigm shift from exclusivity of guilt and
punishment towards an all-encompassing system of justice for
victims and offenders where the community has an important role
to play. The Criminal Justice system could be reset to reflect the
restoratives principles and values. It implies to focus on redressing
the harm done to the victims, holding offender accountable for their
actions and engaging the community in their resolution. This
approach encourages the peaceful resolution of conflict, promote
tolerance and inclusiveness and build respect for diversity.
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I am very aware of the injuries that society has suffered because of
many years of crimes of violence that often go beyond imagination.
It need courage to move ahead in spite of despair. We have to learn
from the words of Martin Luther King Jr: Take the first step in faith
You dont have to see the whole staircase, just take the first step.
Under the leadership and the strong commitment of Chief Justice
Ivor Archie, Trinidad and Tobago is engaged in a journey for change.
On two occasions, I have attended the graduation of offenders who
participated in the drug treatment courts program. Its a moving
experience. They all come a long way from hell to social
reintegration. The program contributes to reducing the number of
crimes perpetrated because of drug dependence while providing
offenders with appropriate treatment.
There is no better example of restorative justice than the juvenile
justice project and the Peer resolution Centre. The state will thus
fulfill its moral obligation to the youth of this country. We must
remember the words of former French President Francois
Mitterand: "Youth is not always right but the society that strikes it is
always wrong"
The father of your nation, Eric Williams, had put his hope in the
youth and especially its education. You surely remember his words.
To increase student engagement and ownership of learning, we
should give students opportunities to do meaningful work that
makes a difference locally, nationally and globally. Among these
opportunities, there must be the possibility of rehabilitating deviant

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behaviors so that those youth could play a constructive role in
society.
The UN Report on Restorative Justice for Children demonstrated that
children involved in restorative and rehabilitative programs show
fewer tendencies toward violence. The rate of recidivism is lower.
They are more likely to stay away from gangs. It increased the
likelihood that the child will return to education and improved job
prospects.
The community has an important role to play in reducing crime. It is
not just the responsibility of the police and the justice system. The
fight against crime is also a social project.
The Peer Resolution Centre project is a leading criminal justice
initiative in Trinidad and Tobago. Children who commit minor
offences will be referred by the Children Courts to Peer Resolution
where Children will recommend sanctions to the judge. Through
interaction with their peers, young offenders will more easily act to
correct the harm caused. This process will also facilitate their
reinsertion in the community.
On several occasions, Chief Justice Archie stressed the importance of
involving business, volunteers and all citizens to join civil society in
supporting restorative justice initiatives. I would like to echo this
preoccupation of the Chief Justice by highlighting a Canadian
example of a successful partnership between civil society,
volunteers, donors and judicial actors: the Restorative Justice
Centers.

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These centers are located in the regions to be better embedded into
the community they serve. Their mission is to help those affected by
an act of violence by accompanying them in a restorative process
based on dialogue. They also seek to promote restorative justice in
the community.
How do they get there? Through innovative actions that stick to the
local culture. Here are some examples. The Center holds victim-to-
offender meetings that bring together victims of crime, people who
have committed and sustained related crimes as well as members of
the community. They are supervised on a voluntary basis by
facilitators selected because of their human and professional
qualities. A local radio station broadcasts a weekly program called
How to do justice differently that broadcasts testimonies from
people who have found a way to social reinsertion. The Centre
organizes days of sensitization in the localities. There is also the
Cabaret of the second chance. Artists and people who have been
judicialized present a good quality show that is also featured on
UTube. Art workshop is even use as a therapy by awakening
creativity in a restorative spirit.
In Canada, victim-offender mediation as an alternative to sentencing
has been in place for many years. With the assistance of a
professional mediator, the victim and the offender meet voluntarily
to express their feelings and perceptions of the offense. The
meetings conclude with an attempt to reach an agreement on what
actions the offender will take to repair the damage suffered by the
victim. The Centers facilitate access to these services. In addition to

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their staff, these centers have a team of trained volunteers and are
largely funded by donations.
Restorative justice is not a panacea for all the flaws of the justice
system. A better responsiveness of the Criminal Justice System is
key. It implies a greater collaboration among a group of
interconnected yet independent actors such as the Police Service,
the Forensic Center, the Office of Public Prosecutors, defense
attorneys, and the Judiciary. Silo work is endemic which greatly
impact the effectiveness of the system. Accountability is needed
every step of the way.
I want to pay tribute to the efforts being made by Attorney General
Faris Al Wari, Chief Justice Ivor Archie, the Director of Public
Prosecutions and many others to reform criminal justice. I refer in
particular to the Plea Bargaining legislation, the Criminal Procedure
Rules, Maximum Sentence Indication and Cases Management Rules.
However, the system is still disturbed by flaws such as a culture of
adjournments, judges delaying ruling, slow turnover of forensic
analysis, poor evidence gathering, staffing shortage.
There is a culture of sluggishness that has settled into the system
that needs to be changed through improved accountability.
Accountability is the glue that lies commitment to results. The
person who is responsible of a matter, should be accountable for it
but not if it has no control on it. The lack of accountability is the root
of impunity. Accountability must be promoted but it should be
enforceable.

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A Chief Justice in Trinidad and Tobago as in Canada is the
administrative head over judicial officers. By his duties, he is
responsible for the application of performance standards, the
directives he gives and the Principles of Judicial Conduct. The Court
Excellence Framework applied by the Judiciary of Trinidad and
Tobago is a high standard tool to assess and improve the quality of
justice.
However, the process for disciplining a judge in Trinidad and Tobago
is inadequate and the Chief Justice lack remedies to properly keep
judicial officials accountable.
The accountability of judges is a delicate matter that overlaps with
the concept of judicial independence, the authority of the chief
justice and the right of citizens to an accountable judicial system.
The key lies in its effectiveness and enforceability. It is the
prerogative of each government to determine their mechanism of
accountability.
In Canada, Judicial Councils are responsible for the good behaviour
of judges. They are composed mainly of judges, lawyers but also
members of the public. They adopt and apply a code of ethics for
judges. The code contains, among other things, an obligation for
judges to abide by the directives of the Chief Justice. Members of
the public can file a complaint against a judge.
The question arose whether the Chief Justice has the legal authority
file a complaint against a judge and whether there is a reasonable
apprehension of bias on the institutional level. In a famous Supreme
Court decision, Ruffo VS Conseil de la Magistrature, the judges
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stated that the Chief Justice, as a primus inter pares within the court,
which he sees the functioning in all respects, occupies a privileged
position to ensure respect for judicial ethics. In short, the power to
file complain is intrinsically the responsibility of the chief justice in
that field ...
I would like to conclude with this thought. Trinidad and Tobago is at
a historic moment where it must reset its criminal justice system on
new foundations. It should be guided by the values of equality and
dignity of which universal human rights are the bedrock. I remind
you of the words of Nelson Mandela: To deny people human rights
is to challenge their very humanity.

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