I had the privilege of participating in the eleventh this time in the South annual ISP in Halifax in June. It was a pleasure to Pacific Ocean, Vanu- occupy the CJEI Fellow’s apartment on Robie atu, the Cook Islands Street, which accommodated the Chief Justice of and the Solomon Lesotho and myself. We were also able to use the Islands, representa- attractive space for one of the working sessions tives came from their and for a working luncheon. Judge Oxner’s gener- judiciaries and mag- osity will certainly provide a wonderful base for istracies. It was fas- any of the fellows who would wish to take advan- cinating to witness tage of the fellowship program being offered by the interaction of CJEI. Although this was not intended as an adver- these and the repre- tisement, I should indicate that further information sentatives from other on the program could be obtained from Mrs. San- areas of the world as CJEI President, the Right dra Laing. diverse as the Philip- Honourable Sir Dennis Byron Working at the 11th ISP was particularly inter- pines and , esting because there were two large regional and participate in discussions on the techniques, groups from the opposite ends of the world. From objectives and targets of judicial education as each the sea there were representatives from participant contributed to the development of the Trinidad and Tobago, Barbados and the Eastern knowledge base of the others. Caribbean. From another group of small islands, (continued on back page)

We have been busy this “Evaluation of Judicial Educative Bodies”. We will summer tidying up ends also be having a CJEI booth demonstrating CJEI from the 2004 Intensive and its work. In addition, we are arranging a day Study Programme for either at the beginning or the end of the conference judicial educators. As for CJEI Fellows to meet to design an additional usual, it was the high- Intensive Study Programme on teaching judicial light of our year and we educators techniques of teaching civil and criminal very much appreciate the process reform and court administration. outstanding jurists who I wish to note here with appreciation the out- contributed so much standing efforts the Honourable Chief Justice Nazim during their stay with us Hussain Siddiqui of Pakistan and Director General Sandra E. Oxner, O.C. and have become our Chaudhry Hasan Nawaz of the Pakistan Federal Chair of CJEI newest Fellows. Judicial Academy in collaborating with us in pre- We are also at work assisting the Canadian Na- senting “roll-out programmes” in the four provinces tional Judicial Institute with their preparations for of Pakistan. Because of restricted funding they have the Second International Conference on the Training shouldered nine-tenths of the burden of the pro- of the Judiciary in Ottawa to be held October 31st gramme and we are grateful to them. through November 3rd of this year. I was honoured -Halifax, August 2004 to be invited to make a presentation on the

In This Issue

News & Notes………...……….…..2 Judicial Education in India…....8

Intensive Study Programme Calendar of Events………….…...9 2004……………….….....3 Profiles………………………….…..5 In Your Opinion…………….…….11

South African Constitutional The New CJEI Gateway……..….12 Court…………………………….…...6

Official Newsletter of the Commonwealth Judicial Education Institute CJEI Report September 2004 Page 2

♦ On June 29, 2004 the Honourable Chief Justice Sir Dennis Byron (CJEI President) was appointed to Her Maj- esty's Most Honourable Privy Council. ♦ Last July the Honourable Justice Sir Dennis is now the Right Honour- Stanley Moore (CJEI, 1999) was able Sir Dennis Byron. sworn in as a Justice of the Court of Appeal of Botswana. The appointment ♦ Effective from September 1 is for two years. There are eight judges to December 31, 2004, the Honour- of the court of Appeal, four from ♦The Justice able Madame Justice Suzie d' Au- South Africa, one from Scotland, one Sector Profes- vergne (CJEI, 2001) will sit as a Court from , one from and Jus- sionals Train- of Appeal Judge of the Eastern Carib- tice Moore, from Guyana. ing Institute bean Supreme Court. Last Spring Justice Moore also con- began opera- ducted a lecture tour under the aus- tions this sum- pices of the Judicial College of South mer. It is gov- Africa. He lectured to Judges and erned by a board chaired by the Hon- on judicial education and ourable Chief Justice Kemal Bedri. case flow management. While there, Its executive director is the Honour- he also had the opportunity to attend a able Ato Menbere Tsehay Tadesse judicial conference to mark the official (CJEI, 1996), the Vice President of the ♦The Honourable opening of the new building of the Federal Supreme Court. The institute Justice Austin South African Constitutional Court. will cater to both the judiciary and Ward has retired as public prosecutors. Chief Justice and is now serving on the Court of Appeal. The Honourable Richard W. Ground OBE QC, previ- ously Chief Justice of the Turks & Cai- cos Islands, has succeeded Justice Ward as Chief Justice of Bermuda.

♦ Mr. Noel ♦ The Honourable B. Irving (CJEI, 1999 and present Mr. Justice Md. Badruzzaman member of the Advisory Board) has (CJEI, 1998 and present member of the retired as Director of the Justice Train- Advisory Board) has retired from his ing Institute. position as Director General of the Ju- ♦The Honourable Jus- dicial Administration Training Institute tice SA Brobbey (CJEI, 2000) was (JATI) in Bangladesh. The new Direc- recently appointed Chief Justice of the tor General is Mr. Justice Md. Hamidul Gambia. He previously sat on the Su- Haque. preme Court of Ghana.

Please send us news for our next edition of “News and Notes”

See contact information on the last page CJEI Report September 2004 Page 3

The Intensive Study Programme (ISP) has long been a source of life and growth for judicial education—both for veterans and to those who have never before put their minds to adult education. The Programme has evolved and matured over the ten years since its inception. In that time, nearly two hundred participants from around the Com- monwealth have gathered in Halifax, Nova Scotia to discuss judicial education and, most importantly, to learn from one another. This year was no different. Some partici- pants, like the Honourable Justice John Aja- kaiye of Nigeria, came with the goal of learning how to better guide the faculty of the National Judicial Institute where he is Administrator, while many of the other thir- teen participants were exposed to judicial education material for the first time. Participants came to the Programme with a diverse range of interests. For exam- ple, the Honourable Justice Elneth O. Kent- ish, from Barbados, said that she partici- pated in the ISP because she wanted to de- Intensive Study Programme Participants 2004 velop a formal education programme of at least six months in length for new justices. FRONT ROW (left to right): Justice Hugh A. Rawlins (OECS), Mr. Rex She hopes that such a programme will alle- Faukona (Solomon Islands), Chief Justice M.L. Lehohla (Lesotho), viate the stress and self-doubt felt by many Judge Sandra E. Oxner (CJEI Chair), Honourable Myra A. Free- newly-appointed justices. Coming from a completely different man (Lieutenant Governor of Nova Scotia) intellectual vista, the Honourable Justice SECOND ROW: Justice Frank O. Kabui (Solomon Islands), Justice Peter Jamadar from Trinidad and Tobago came to Halifax to continue exploring his Oliver A. Saksak (Vanuatu), Mr. Robin N. Mohammed (Trinidad & interest in judicial impartiality and the un- Tobago), Justice John A. Ajakaiye (Nigeria) conscious bias that judges inevitably carry THIRD ROW: Justice Lucas P. Bersamin (Philippines), Justice as a result of their humanity. With the goals and interests of all in Ghulam Rabbani (Pakistan), John Alilee (Vanuatu) mind, participants embarked on a two-week FOURTH ROW: Ms. Sandra Laing (CJEI Administrator), Ms. Heather journey of lecture, discussion and assign- ments, that all agreed lived up to its name – Franklyn (OECS), Magistrate Marva F. Clarke (Barbados), Profes- “Intensive”. Sessions covered a variety of sor John Yogis (CJEI Board Member), Dr. James C. Raymond (ISP topics, so that by the Programme’s conclu- Lecturer), Justice Elneth O. Kentish (Barbados) sion, the specific interests of each partici- pant had been addressed. FIFTH ROW: Justice Peter Jamadar (Trinidad & Tobago), Professor Participants especially enjoyed the judg- Michael Deturbide (CJEI Board Member) ment writing session, where many com- mented that they learned a new and simpli- fied method of writing judgments. The fa- issues, evidence, fact findings, the law, the native as only the relevant facts and evi- cilitator, Dr. James C. Raymond, specifi- application of the law to the facts, decision dence and law are discussed. It’s more eco- cally tailors his sessions for his audience; and conclusion. “[A]lternatively, the judg- nomical in effort and time,” said Magistrate before ISP began, participants were asked to ment can be organised so that each issue is John Obed Alilee from Vanuatu. submit a sample judgment. identified, and dealt with comprehensively, Another popular session was “Commun- Dr. Raymond’s method of judgment one at a time where the facts, the law and ication in the Courtroom”, presented by Dr. writing departs from the traditional format, the application of the law to the facts and Gordon I. Zimmerman. “He is an expert on where information is loosely categorized the decision (on that issue) is done before one of the most basic of human attributes— according to general titles like introduction, moving onto the next issue. I like this alter- communication—that is often (next page) CJEI Report September 2004 Page 4

TOP LEFT: The Honourable Justice Ghulam Rabbani (Pakistan), the Honourable Justice John A. Ajakaiye (Nigeria) and Mr. Robin N. Mohammed (Trinidad & Tobago) with their certificates of com- pletion. TOP RIGHT: The Honourable Chief Justice of Lesotho, M.L. Le- hohla, and the Honourable Chief Justice of Nova Scotia, Con- stance R. Glube, at the closing dinner at the Halifax Club. BOTTOM LEFT: The Honourable Justice Oliver A. Saksak (Vanuatu) and the Honourable Justice Hugh A. Rawlins (OECS) both played the role of in one of the judicial education videos created by ISP participants.

taken for granted. Yet if and when commu- plan to keep in touch in the years to come. on a Friday evening at the Halifax Club, nication is analysed scientifically, the art “We had a lot more in common than differ- one of the oldest dinner clubs in Canada. speaks volumes about the nature of human- ent; it was a pity that I only recognized Diplomas of completion were presented by ity and the effectiveness of ‘good’ commu- these commonalities later into the program the Honourable Chief Justice of Nova Sco- nication or lack thereof,” said Magistrate rather than earlier,” commented Magistrate tia, Constance R. Glube. Alilee. Alilee. One of the biggest benefits of the As always, after the group spent two Several of the participants commented Programme was the opportunity it provided weeks of long days in the classroom and that the most important concept they will for participants to create a web of judicial long nights feverishly preparing assign- take home with them was that every session education contacts throughout the Com- ments, they packed up and headed to To- in a judicial education programme must monwealth. ronto and Ottawa for a week-long study have a well-articulated objective that can be “CJEI has facilitated a formidable net- tour. This year participants’ happened to be measured and evaluated by the audience work that would allow us to tap into the in the nation’s capital the day of the federal th after it is presented. available resources of other countries and elections on June 28 . Of course, the ISP wasn’t restricted to to broaden our approach to judicial educa- While in Ottawa the group visited the hard work. Participants spent their free time tion. I recognise now the importance that Senate of Canada, the National Judicial exploring the Halifax harbour “waterfront” should be given to judicial education and Institute, the Ontario Court of Justice and and seeking out diverse cuisine. A local the important role that education has in the Supreme Court of Canada, where they Turkish restaurant became a favourite enhancing public confidence in the judici- met with the Honourable Mr. Justice Mi- haunt. Several group members were also ary and the judicial system in my jurisdic- chel Bastarache. In Toronto the participants able to meet immigrants from their home tion,” said Deputy Chief Registrar Heather gained some exposure to specialized courts countries and eat familiar food at the Hali- Franklyn of OECS. and those who serve in them, such as the fax Multicultural Festival, which serendipi- Aside from informal fraternizing, the Honourable Justice Paul Bentley of the tously coincided with the ISP. group also enjoyed several planned social Drug Treatment Court and the Honourable As the days passed into weeks, the events. Early in the Programme, the group Justice James Farley of the Commercial group moved from a disparate conglomera- gathered at the Honourable Judge Sandra E. Court (see profiles next page). After much tion of strangers to a cadre of friends, who Oxner’s home, Chair of CJEI, to feast on visiting and discussing, the group spent st locally-caught lobster and celebrate CJEI Canada Day, July 1 , relaxing at Niagara “CJEI has facilitated a formi- President Sir Dennis Byron’s appointment Falls. dable network that would al- as a Permanent Judge of the International “I never expected to enjoy Halifax and low us to tap into the avail- Criminal Tribunal for . The follow- the Programme so much,” said Deputy ing week the group was invited for tea at Chief Registrar Heather Franklyn. “I could able resources of other coun- easily live here. I will never forget the new tries and to broaden our ap- Government House and was pleased to be inducted into the “Order of Good Times” friends that I have made. I felt a certain proach to judicial education.” sadness, that I can't really explain, when it by the Lieutenant Governor of Nova Scotia, ~Deputy Chief Registrar Heather the Honourable Myra A. Freeman. The was time to leave Canada. I think we all Halifax portion of the Programme closed bonded very well.” Franklyn CJEI Report September 2004 Page 5

The Honourable Associate Chief Jus- For many years the Honourable tice David Wake has been meeting with Justice James M. Farley has been ISP participants every year since 1999 meeting with Intensive Study Pro- to outline the administrative structure gramme participants to talk about and resources available to his court. “I the workings of the Commercial am pleased to give time to the CJEI in List in Toronto and to sometimes this way because I am proud of the have delegations shadow him for administrative structure of our Court. the week. He has also gone to The central feature of that structure is and to “advise, a Memorandum of Understanding with instruct, talk and learn”. the Attorney General which greatly assists in ensuring a measure of independence for the Court and which may in- The Honourable Justice James M. Farley was appointed to the spire judges in other countries. At the conclusion of the last Superior Court in 1989. He has been the supervising judge of the session organized by the CJEI in which I made a presenta- Commercial List in Toronto since its inception in 1991. The Com- tion, one of the international jurists remarked, ‘what you have mercial List deals with complex corporate / commercial litigation spoken about is music to my ears.’ It gives me great satisfac- in addition to its insolvency foundation. He will also take a peri- tion that our Court and its administrative structure should be odic rotation in the Criminal List. Justice Farley is a graduate of viewed as a standard to be achieved in other jurisdictions.” the University of Western Ontario (B.A. 1962), University of Ox- ford (Rhodes Scholar, B.A. 1964; M.A. 1968) and the University The Honourable Associate Chief Justice David Wake was ap- of Toronto (LL.B. 1966). pointed Judge of the Ontario Court (Provincial Division) in 1994. He was called to the Ontario bar in 1968 and practised as a He was then sworn in as Associate Chief Justice in 1999. In 1992 corporate / commercial solicitor. He is a member of the Interna- he was appointed to the Queen’s Counsel by the Attorney Gen- tional Insolvency Institute, Insolvency Institute of Canada, Insol eral of Canada. Prior to becoming a judge, Associate Chief Jus- International, American Law Institute, American College of Bank- tice Wake practiced law for twenty years as a ruptcy, American Bankruptcy Institute, partner at three Ottawa law firms. In 1989 he International Bar Association and Inter- was appointed Standing Agent of the Attor- These individuals introduced national Law Association. He has par- ney General of Canada to assist the Criminal the participants to the courts ticipated in the American Law Institute Prosecutions Section of the Ottawa Regional NAFTA transnational insolvency project, Office. He received his Bachelor of Arts of Toronto and Ottawa and the INSOL / UNCITRAL judicial collo- from McGill University and his LL.B. from how they function. quia, the World Bank insolvency prac- Queen’s University. In addition to being a tices project. As well he has delivered founding member of the Ottawa Defence papers on various topics including insol- Counsel Association, he is the Founding Director of the Thomas vency, corporate law, commercial courts, ADR, WTO and law More Lawyers’ Guild of Ottawa and a member of the Ontario practice management in Canada, the USA, , , Nige- Judges’ Association. ria, and Tanzania.

“I am very interested in promoting human rights and the rule of law. Judicial education allows me the scope to integrate these concepts into judicial education and promote them during my travels abroad where I conduct training on therapeutic jurisprudence, and problems solving courts.”

The Honourable Justice Paul Bentley has been a justice of the Ontario Court of Justice since June of 1992 and the presiding judge of the Toronto Drug Treatment Court since its inception on December 1st, 1998. In 1999, the invited him to take part in an “Expert Working Group” to design court-based treat- ment programmes in both common and civil law jurisdictions. Justice Bentley has travelled twice to Jamaica as a guest of that government and at the request of the United Nations to assist government authorities in the establishment of drug courts. In addition to traveling twice to Scotland to assist in the development of a drug court model, in June of 2002 he was asked by the Chief Justice of the Cayman Islands to travel to the island and prepare a three-day educational session for judicial and non-judicial staff on the mechanics of establishing a drug court. Justice Bentley is a founding member and Chair of the International Association of Drug Treatment Courts. He is currently work- ing with the National Judicial Institute to develop educational programmes on Therapeutic Jurisprudence and Problem Solving Courts for Canadian judges. Articles that he has written concerning the Toronto Drug Treatment Court have recently been published in Criminal Reports, and Canadian Family Physician. CJEI Report September 2004 Page 6

On March 21, 2004 South African Presi- "This is a place of pain but also a place Janina Masojada, a partner of the architec- dent Thabo Mbeki inaugurated the new of courage," said Constitutional Court Jus- tural firm that won an international contest Constitutional Court building. The premises tice Albie Sachs, a former anti-apartheid to design the court. were formerly a 100-year-old prison fort lawyer who lost an arm to a car bomb But, says Tshepo Nkosi, communica- where many political prisoners, including planted by government security agents in tions director at the Johannesburg Develop- Nelson Mandela and Mahatma Gandhi, the 1980s. ment Agency: "Constitution Hill will never spent time during their efforts to free the The newly dubbed Constitution Hill, be complete, because we will always be nation from apartheid. where the Court is located, is intended to be adding our experiences to it. It is designed The new Constitutional Court building a place for the people of South Africa. Visi- to be a place that we all build ourselves, by is the physical embodiment of the opening tors are welcome to explore the old prison contributing our impressions of what human lines of the Preamble to the Constitution: cells, where exhibits are on display, or sit in rights mean in South Africa today." “We, the people of South Africa, recognise the large and airy steel and concrete court, The Constitutional Court of South Af- the injustices of our past; honour those who where the rights enshrined in the Constitu- rica enjoys wide powers to check the gov- suffered for justice and freedom in our land tion come to life. There is a "youth and stu- ernment, Parliament and the head of state in ... and adopt this Constitution as the su- dents' experience" at the Old Fort, and a order to prevent the kind of human rights preme law so as to heal the divisions of the programme of performances, discussions abuses that occurred in the past. The deter- past and establish a society based on de- and debates scheduled throughout the year. mination "never again" is the pact over mocratic values, social justice and funda- These efforts demonstrate that the eleven which the court presides. mental human rights." judges of the Constitutional Court have tried The breadth of the court's carefully con- "It is right that the Constitutional Court to create a sense of participation by citizens sidered, and often controversial, judgments occupies this building, which represents the in the life of the Constitution. Each of the has ranged from insisting that the authorities conversion of the negative into a positive judges was given an element of the Court to change their housing policy to include the hopeful energy for the present and future," create, such as the computer system, art most rudimentary shelter for the destitute said President Mbeki at the inauguration. collection or judges’ robes. and homeless, to declarations on the rights Designing the court required the input of gay people and of immigrants and refu- of many. More than two hundred artworks gees. were acquired to adorn the court, each of In the words of Dorah Molefe, a curator which tells an important story. "I don't and guide on Constitution Hill whose father know of any other project that has garnered was previously imprisoned at the Old Fort contributions from such a range of people prison: "It's like watching the past and the from diverse cultural and training back- future at the same time. When I stand up grounds. The intention is that people from here I understand how we, in the present all over can come to the building and find day, can make the future happen only if we something that they can identify with," says understand our past."

The Blue Dress

South African Judith Mason’s triptych The Blue Dress consists of two large paintings and a pretty, summery dress made by the artist from bits of blue plastic. Each painting shows the dress floating free through a dark and threatening landscape. Scavenging hyenas lurk, waiting for death, but the dress dances out of their reach and we know its invisible wearer is safe from harm. The work was inspired by the story of a young woman activist detained under apartheid. The police stripped her and put her in a cell. To preserve her dignity, she managed to fashion a pair of panties from a blue plastic supermarket bag. “She was brave this one, hell, she was brave. She simply would not talk,” one of her captors told the Truth and Reconciliation Commission years later when he applied for amnesty. She was shot and buried secretly. When her grave was excavated by the Commission, all that remained was her skele- ton and the tattered blue panties.