NASSAU, BAHAMAS — Human Rights Bahamas (HRB) said yesterday that the Privy Council’s recent decision to order a new hearing for Bahamas-born Jean Rony-Jean Charles is a “crucial victory” for the principles of access to justice and respect for the fundamental rights of everyone in The Bahamas.
HRB said in a statement yesterday that it is celebrating a “huge win” for the cause of access to justice in The Bahamas after the Privy Council ruled that it was wrong for a local court to have sought to limit Jean Rony Jean-Charles’ claims over violations of his constitutional rights.
Jean-Charles’ case became a flashpoint with potentially far-reaching implications for how the country’s immigration and citizenship laws are applied to people who are born in the country to non-nationals but have missed the constitutional window to apply for citizenship at 18.
Jean Rony Jean-Charles watches live proceedings of his Privy Council hearing.
Supreme Court Justice Gregory Hilton ruled in 2017 that Jean-Charles’ detention and expulsion from the country were unlawful, that he was deprived of his personal liberty, and falsely imprisoned in breach of his constitutional rights.
However, the Court of Appeal dismissed Hilton’s ruling due to procedural issues.
In a written judgment delivered today, the London-based Judicial Committee of the Privy Council granted the appeal but only to the extent that Jean-Charles’ application for constitutional relief is put under the remit of the Supreme Court as if the application had been made by a writ.
The Privy Council ruled “In these circumstances, the appropriate course of action is to remit the application for constitutional redress to the Supreme Court so that that court can direct that the constitutional proceedings continue as though begun by writ. The court can decide what ancillary directions are appropriate to enable the parties to assemble and file relevant evidence and to advance legal arguments in those proceedings.
“It appears to the Board that the factual issues between the parties are in short compass and ought to be capable of resolution in a timely and proportionate manner,” it continued.
“Mr (Fred) Smith informed the Board that the appellant had not been provided with the necessary papers to obtain a work permit. Given the passage of time, it will be important that the court manages the case so as to prevent dilatory behavior which might delay the resolution of this case.”
In 2017, Jean-Charles was flown to Port-au-Prince, Haiti as his family filed habeas corpus proceedings to secure his release from the Carmichael Road Detention Center.
Justice Hilton later ordered that the Bahamas government issue him a travel document and reimburse him for his return to the country, adding that he be issued legal status no later than 60 days after returning.
However, Hilton dismissed the habeas corpus proceedings as Jean-Charles was no longer in custody. As such, the government appealed to the Supreme Court that Hilton should not have considered the constitutional motion that was brought under the habeas application.
Earlier this year, Jean-Charles’ told Eyewitness News that after five long years he just wants to find consistent work, get key documents and stay out of trouble.
The Board advised submissions for costs must be filed within 21 days.
