(CMR) This week Colours Caribbean was granted permission to be added as an intervener in the judicial review proceedings with Kattina Anglin and the Governor. This is a second loss for Anglin this week leading up to her ongoing battle against the LGBTQ community rights acquired last year. Justice Williams heard from the parties on October 19 that Anglin did not object to Colours providing written submissions only. However, she objected to them making oral submissions or relying on written evidence.
Anglin is challenging the governor over his use of his powers under s.81 of Schedule 2 of the Cayman Islands Constitution Order (2009) in the enactment of the Civil Partnership Act 2020 (“the CPA”). That hearing is set for December 2-3.
In late September 2021 Colours submitted a Summon to obtain permission to intervene in the proceedings “by way of written submissions, evidence, and oral submissions” and to bear their own costs. The judge offered the parties an opportunity to agree to the intervention which would allow him to administratively issue an order. However, Anglin objected and the matter was set for a hearing on October 19.
Justice Williams observed that the plaintiff appeared to have “slightly different” positions in a written letter from her attorney and in the oral submissions delivered at the hearing. However, she objected to them making oral submissions or relying on written evidence. The proposed intervener made it clear that they wish to rely on written evidence, be allowed to make oral submissions dropped to one hour and be allowed to rely on written evidence.
By contrast, the defendant in the matter which is the governor's representatives did not oppose the application and submitted that colors Caribbean is “a proper person to be heard” within the meaning of GCR Order 53 Rule 9(1). The defendant also agreed that they would communicate with the Proposed Intervener's attorneys in order to avoid any duplication of legal arguments.
In his judgment, the judge noted that claims for judicial review often raise issues of public significance to go beyond the interest of all or some of the parties involved. He also noted that many of these cases affect disadvantaged vulnerable groups whose interests are represented by voluntary sector organizations. He noted that these organizations often have the ability to make informed submissions that could assist the Court.
Third-party interventions are a method by which a person or organization not otherwise involved in the litigation may submit specialist information or expertise to the Court. He noted that the third-party intervention process offers a route by which such organizations to make an effective contribution to the court's decision-making process.
Having considered the application on its own merits he noted that he was satisfied that Colours Caribbean is “a proper person to be heard” in the judicial review proceedings. He noted that colors Caribbean represents the interests of a group of persons who may be affected by the outcome of this case. He relied specifically on paragraphs 11 to 16 of the affidavit of Leonardo Javier Raznovich sworn on September 14, 2021.
He then went on to consider whether or not to allow them to provide written evidence and to present oral submissions limited to one hour at the hearing. Colours Caribbean relied on two primary points as to why they should be allowed to give oral and written evidence. The first noted that they could assist the court in understanding the impact of any relief should the Plaintiff's application be successful.
The judge ruled that their expertise would be of assistance to the court and that Colours Caribbean is uniquely aware of the potential consequences for those whose interests and rights it seeks to represent and protect. He considered the plaintiff's concerns about duplication of submissions but noted that the Proposed Intervener recognize that and would only be limiting submissions to one hour during the two-day hearing. He also noted counsel's agreement to work constructively to avoid duplication.
Justice Williams concluded that he would allow Colours Caribbean to fully participate in the proceedings limited only to one-hour submissions. He agreed that placing restrictions on them would prevent the organization from assisting with the court's understanding of the wider impact that the quick case may have in the interests of justice would be promoted by allowing the wider intervention they seek.
He noted that although this decision will require additional work for the Plaintiff it would not affect the December hearing date and he modified his directions accordingly.
Colours Caribbean issued a press release on Friday afternoon acknowledging the favorable judgment and thanking its legal team for their hard work on the matter.
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