Category: CANA News

Caribbean countries have been warned that organised criminals were evolving and leveraging gaps in knowledge of natural resource and environmental crime issues to evade detection by law enforcement.

Assistant Director – Projects, at the Trinidad-based Caribbean Community (CARICOM) Implementation Agency for Crime and Security (IMPACS), Nadine Bushell, said that these environmental crime activities converge with other serious transnational organised crimes and nefarious activities that put the Caribbean Region at risk.

‘At CARICOM IMPACS, we have observed a troubling acceleration in transnational organised criminal networks exploiting the region’s natural resources for profit.,’ she told a workshop targeting the illicit trade and trafficking of glass eels, often linked to transnational organised crime, ‘The extremely high value of glass eels in the global market has made this a lucrative commodity that has been set upon by criminal actors who target these low-risk and high-value commodities as they diversify their criminal activities beyond the well-known crimes that law enforcement typically monitor and scrutinise’, she explained.

The workshop, which ends later on Friday, is being hosted by CARICOM IMPACS and supported by the Canadian High Commission and Auxilium Worldwide. It brings together regional law enforcement, customs, fisheries and environmental protection agencies to enhance their investigative capacity against this growing environmental crime.

Speaking at the start of the workshop, Ms. Nadine Bushell, Assistant Director – Projects, CARICOM IMPACS, warned that organised criminals were evolving and leveraging gaps in knowledge of natural resource and environmental crime issues to evade detection by law enforcement. She lamented that these environmental crime activities converge with other serious transnational organised crimes and nefarious activities that put the Caribbean Region at risk.

Bushell said that CARICOM IMPACS remains a steadfast advocate for the protection of the Caribbean’s natural resources and noted that addressing environmental crime and natural resource exploitation by criminals calls for deeper regional cooperation to strengthen the Caribbean’s collective response to this nefarious activity

The Canadian High Commissioner to Barbados and the Eastern Caribbean, Brenda Wills, said globally, the illegal trade in eels is estimated to be worth up to three billion US dollars annually and that the Caribbean has become a key location for the capture and illegal export of eels, often destined for markets in Asia via North America.

‘This illicit trade threatens biodiversity, undermines legal economies and erodes the rule of law. Canada recognises the importance of regional cooperation in tackling these crimes and is proud to support initiatives like this workshop – which help to strengthen intelligence sharing, build capacity and fosters collaboration across borders’, she said.

The diplomat said that combatting wildlife trafficking required a whole-of-system approach, strong legislation, effective enforcement and robust reporting mechanisms coupled with education and awareness to ensure the public’s understanding and vigilance, so that these crimes do not flourish in the shadows.

The Subject Matter Expert at Auxilium Worldwide and workshop facilitator, Dr. David Soud, said that while eels may seem insignificant, they are key components of different types of aquatic ecosystems around the world, both as a food source when young and predators when mature.

He said they are a highly valued food source for human beings, especially in Asia, where most of the world’s eel products, over 150,000 tonnes of them, are consumed annually, including in sushi restaurants everywhere

‘The challenge for us here in the Caribbean is that this demand for eels has driven multiple species onto endangered lists. In the past few decades, we have seen a cascading decline in eel species.

‘The illicit trade in eels is a highly lucrative, multi-million-dollar criminal enterprise spanning the Caribbean, with estimates for the Region’s total trafficking volume ranging from 20 to over 100 tonnes annually’ he revealed.

This trade is concentrated in key source countries including Cuba, the Dominican Republic, Haiti and Jamaica. The financial incentive is staggering as glass eels sell for as much as US$5,000 per kilogramme to local collectors before being moved to concealed warehouses. They are then exported through North America – the United States and Canada – for onward re-export to Hong Kong and the lucrative Asian eel farming industry, with prices multiplying several times along the route

Dr. Soud said that the high value and complex logistics of this trade have drawn in global organised crime groups (OCGs), many of whom are already involved in trafficking drugs, weapons and human beings.

‘These networks orchestrate the entire process, from collection to movement and money laundering. Crucially, the legitimate global eel market, which is valued at billions, is exploited, allowing OCGs to use the legal supply chain to launder the proceeds generated not only from the eel black market itself but also from their other, broader criminal activities.’

He said the purpose of the workshop is for CARICOM IMPACS and its partners to achieve comparable agility and efficiency in countering the threat of the illicit trade in eels.

‘CARICOM IMPACS is uniquely suited to address this challenge, because to take on criminal networks, we need well-networked law enforcement and security agencies. We plan to emerge from this workshop better informed and better equipped to undertake this important work,’ he added.

The workshop programme includes sessions on emerging methodologies used by traffickers, data analysis to trace financial flows and case studies detailing successful global interventions.

Fitch Ratings has affirmed Jamaica’s Long-Term Foreign-Currency Issuer Default Rating at ‘BB-‘ and revised its outlook to stable from positive following the impact of Hurricane Melissa on October 28 that left 42 people dead and damage estimated at nine billion US dollars.

Fitch said that the outlook revision reflects significant damages from the hurricane, which it expects will lead to economic contraction and require substantial reconstruction costs. Government preliminary estimates put economic damages at around 30 per cent of gross domestic product (GDP) and the international rating agency forecasts Jamaica’s economy will contract by 1.5 per cent this year before showing modest recovery of 1.8 per cent in 2026. It said this is due to the ‘significant uncertainties around the pace of recovery, given adverse effects that could linger for key sectors like tourism, agriculture and mining.

‘Economic contraction and fiscal deficits will interrupt the prior strong downward trend in government debt/GDP, which is still above the ‘BB’ median and vulnerable to changes in the exchange and interest rates.’

Tourism receipts could decline by 15 per cent year-over-year in both 2025 and 2026, with potential for steeper drops if large hotels remain closed beyond February 2026.

Fitch says the rating affirmation and stable outlook also reflect mitigating factors to the major hurricane shock, including insurance and contingency funds (combined totals at nearly US$250 million), multilateral lines of credit (at nearly US$384 million), and expected large private insurance flows (estimated insured damages range from one billion US dollars to US$2.5 billion).

The Jamaica government has suspended its Fiscal Responsibility Law for the next two years and Fitch expects the general government balance to swing to significant deficits, projecting a 3.2 per cent of GDP deficit for fiscal year 2025 from a 0.2 per cent surplus in fiscal year 2024, with further widening in fiscal year 2026 as reconstruction spending increases.

The debt-to-GDP ratio is expected to rise to nearly 68 per cent by end-2026, interrupting the previous downward trend. Fitch believes the government remains committed to reducing its debt burden once reconstruction efforts are complete.

Jamaica’s current account is forecast to move into deficit in 2026 from a 3.1 per cent of GDP surplus in 2024, as falling tourism receipts and mining exports are partially offset by rising remittances.

However, Fitch has expressed confidence in the Andrew Holness government’s management of debt, saying ‘Jamaica’s government has a strong decade-plus track record of adhering to a solid fiscal framework, which has resulted in a sharp reduction in debt/GDP.

‘ We believe the government remains committed to its fiscal framework and will actively seek to reduce its debt burden once reconstruction efforts are achieved.’

The Guyana government says it will provide special tax incentives and assistance for parents of children living with disabilities.

President Irfaan Ali, who is expected to resume Friday his Cabinet outreach programme, said that the new initiative is designed to ease the financial strain faced by these parents. ‘We are working out a mechanism to give special tax incentives and special support for parents who have children living with disabilities, because we know sometimes at least one of our parents will have to stay home to take care of that child,’ he told the gathering in Amsterdam on Thursday.

He said the initiative forms part of the government’s broader push to ensure that every child, and every parent, receives the support they need to live with dignity.

‘You have a government that is matching your love at a national scale, because we love everyone .and we want the best for everyone,’ President Ali said, adding that this is part of a national expression of love and responsibility.

He said the government will invest in secure childcare and elderly care facilities to ensure that both seniors and young professionals have access to safe, well-managed centres and will soon announce additional measures to help operators improve childcare and elderly care facilities, creating new business opportunities for the many individuals trained in these fields through the Ministry of Human Services and Social Security’s WIIN programme.

He said a subsidised system will be introduced to reduce the financial burden on parents, where the government will support childcare costs, so parents will not have to pay the full rate.

Police say they have arrested and charged four individuals with facilitating the child prostitution of a female Belizean minor. The Anti-Trafficking in Persons Unit (ATIP) of the Belize Police Department said the four adults who were arrested are Belizeans Oscar Diaz, Maria Arias, and Ramona Cucul, along with one Guatemalan, Gloria Rodriguez.

It said all four persons were arraigned at the Independence Magistrate Court and released on BDZ$6,000 bail (One BDZ$=US$0.49 cents) with one surety.

The case has been adjourned to February 11, next year.

Meanwhile, the police are urging Belizeans if they suspect someone of engaging in human trafficking, or knows of a victim, to report the matter ‘immediately’.

The United Nations is warning of ‘alarming levels of gender-based violence’ in Haiti , noting also that those at risk have very limited access to the essential support they need.

United Nations, spokesperson, Stéphane Dujarric, said that the global body had received ‘a horrendous report ‘ from its humanitarian colleagues regarding Haiti, warning that as the French-speaking Caribbean Community (CARICOM) country continues the situation ‘is due to insecurity, access challenges and funding shortfalls’. Dujarric said between January and September this year, over 7,400 cases of gender-based violence were reported in Haiti, an average of about 27 per day.

‘Sexual violence made up just over half of the cases, about 3,700, and with nearly two thirds of these involving gang rape, that’s about 2,500. Two out of every three victims were displaced people.

‘During the same period, our humanitarian partners were able to reach only seven per cent of the 833,000 people we aim to reach with specialized support to address gender-based violence, in total, our partners were able to reach just about 54,000 people,’ Dujarric said, adding that the response remains critically underfunded, with an overall gap of US$13.5 million, 70 per cent of the over the money that is needed for this year.

The UN spokesman said that if that funding is not received, nearly 780,000 women and girls, including survivors of gender-based violence and those at risk, ‘will go without these critical services, including the clinical management of rape, mental health and psychosocial support, case management, legal assistance, safe spaces for women and girls, and dignity kits.

‘Our partners also warn that persistent insecurity and access challenges continue to prevent many survivors – including people with disabilities and women living in remote areas – from receiving timely, confidential and adequate support.’

Dujarric said despite all of these constraints, humanitarian organizations continue to scale up life-saving services, including psychosocial support, medical care, safe spaces for victims, mobile clinics, legal assistance and the distribution of dignity kits.

He said between January and September, more than 32,000 information and awareness-raising sessions have been conducted, and some 560 front-line workers have received specialized training.

The Office for the Coordination of Humanitarian Affairs (OCHA) continues to work closely with our partners addressing gender-based violence in Haiti, as well as with national authorities in the country , all this to ensure that survivors can safely access essential services.

The Trinidad-based Caribbean Public Health Agency (CARPHA) is warning the region against antimicrobial resistance (AMR), which it describes as a serious and growing global public health threat to health security, healthcare systems and sustainable development, often referred to as the silent pandemic.

‘Antimicrobial resistance threatens the health and development of every Caribbean nation. Through CARPHA’s Integrated AMR Programme and the work of CARA, we are building a stronger, more resilient region. But success requires collective responsibility, governments, healthcare providers, veterinarians, farmers, laboratories, and the public all have a role to play,’ said CARPHA executive director, Dr. Lisa Indar. In a message marking World Antimicrobial Resistance Awareness Week (WAAW) that ends on November 24, CARPHA said AMR occurs when microorganisms such as bacteria, viruses, fungi and parasites stop responding to medicines, making infections harder, and sometimes impossible to treat.

It said consistent with the WAAW 2025 theme, ‘Act Now: Protect Our Present, Secure Our Future’, it is urging ‘responsible use of antimicrobials’ while highlighting the significant strides made through its Integrated AMR Programme.

CARPHA said the integrated programme supported by partners including the United Kingdom Health Security Agency (UKHSA), the Fleming Fund and the Pandemic Fund Project, has emerged as a model for regional collaboration.

The programme takes a comprehensive multi-facted regional approach, strengthening surveillance, laboratory capacity and coordinated action across sectors to detect, understand, and respond to AMR in the Caribbean.

It said the launch of the Caribbean Antimicrobial Resistance Alliance (CARA) is a joint initiative between CARPHA and the UKHSA, which serves as the technical and operational backbone of CARPHA’s AMR agenda.

‘CARA is leading the region in establishing AMR Reference laboratory capacity across CARPHA sites in Trinidad, Jamaica, and St. Lucia; developing the Regional AMR surveillance system, strengthening data collection, reporting, and interpretation across Member States; harmonising standards, sharing expertise and regional coordination, working with partners towards sustainable AMR preparedness.’

CARPHA said it has advanced plans to expand its Jamaica and St. Lucia laboratories as regional reference laboratories for AMR testing alongside the CARPHA Medical Microbiology Laboratory (CMML) in Port of Spain.

‘This significantly reduces delays, improves detection of priority pathogens, and enhances access to high-quality AMR diagnostics for member states,’ it said, adding that through joint efforts with UKHSA, it has received multiple technical experts on secondment, supporting improvements in surveillance, laboratory systems, emergency response, AMR data analytics, tourism and health, and One Health coordination.

CARPHA said in collaboration with the Pan American Health Organization (PAHO) and UKHSA, they have jointly organised a series of regional capacity-building activities, including phenotypic testing, molecular testing, and Whole Genome Sequencing (WGS) workshops, along with a UKHSA AMR surveillance and epidemiology training delivered to CARPHA staff.

During WAAW, CARPHA said it is encouraging all stakeholders, governments, clinicians, pharmacists, veterinarians, laboratories, community leaders, and the public to champion responsible use of antimicrobials and support AMR prevention initiatives.

Commissioner of Police, Richard Boyce, has warned people with with illegal firearms that the Barbados Police Service (BPS) will show ‘no leniency’ amid concerns of rising gun violence on the island.

So far this year, 79 firearms and 2 754 rounds of ammunition have been seized, including three AR-15 assault rifles, two AK-47 assault rifles, one Mach-11 firearm and three shotguns’As Commissioner of Police, I am saying to those with illegal firearms and those who carry, traffic or use them, we are coming for you. There will be no leniency for persons who illegally arm themselves and put communities at risk,’ Boyce said, less than 24 hours after law enforcement officials were engaged in a shootout across Westbury Cemetery while responding to an earlier gun related crime.

‘A tiny group of our men must not and will not be allowed to run rampant over Barbados or to intimidate the Barbados Police Service,’ Boyce said, adding ‘the gloves are off.

‘Anyone who points a firearm at a police officer in the lawful execution of duty, or who fires on the police, is attacking the state itself. Those persons can expect the full and determined response of the Barbados Police Service.’

Boyce said the situation shows how ‘bold and reckless a small number of offenders have become.

‘Our intelligence continues to show that the majority of these firearm incidents involve individuals who are already in direct conflict with each other.

‘People settling scores, people involved in criminal activity – that has been a trend for some time. But I want to be clear about this: no gun crime is acceptable. A bullet fired in anger in any public place threatens not only the intended target, but every innocent person nearby. One life taken, one family shattered is one too many.’

But Boyce insisted that Barbados is not ‘under siege’ and that the BPS ‘will not allow a small number of violent individuals to hold this country to ransom’.

He said that the BPS is engaged in a careful analysis of the crime situation, having identified hotspots that would be targeted, especially during the upcoming Independence and Christmas celebrations.

‘We have identified specific streets, blocks and corridors across the island that are consistently linked to gun-related offences. Those hotspots are now part of the focus of detailed operational plans from now through Independence and into Christmas and the new year,’ he said.

The top cop said that there would also be a more visible police presence, with increased foot and mobile patrols in high-risk communities, commercial districts and nightlife areas.

A delegation from the International Monetary Fund (IMF) is ending a visit to Suriname on Friday indicating that economic growth ‘has been decent’ and is expected to continue at around two to three per cent in the next few years.

In a statement, the IMF delegation, led by the new mission chief for Suriname, Alberto Behar, said that as the Dutch-speaking Caribbean Community (CARICOM) country prepares to celebrates its 50th anniversary of independence, it finds itself at a critical juncture. ‘In recent years, it had commendably restored macroeconomic stability and significantly improved its institutional frameworks for macroeconomic policymaking. At the eve of a significant oil boom, the authorities’ task is to act now to lay the groundwork and build the institutions needed to fully harness the country’s newly found oil wealth.

‘Doing so successfully will ensure these precious resources are used efficiently and productively to materially improve people’s livelihoods. As these resources are being developed in the coming years, it will be essential to maintain a prudent fiscal-monetary policy mix, improve governance, and strengthen institutional capacity.’

The IMF delegation said that the new government of President Jennifer Greeling-Simons, which took office in July 2025, recognizes that such a reform package is necessary to improve the country’s health, education, safety, infrastructure as well as diversification, for example through tourism and agriculture, entrepreneurship, and growth potential.

The IMF delegation said that growth has been decent and is expected to continue at around two to three per cent.

‘During the course of this year, gold production has been disappointing but, going forward, economic activity is expected to be increasingly supported by the development of the Block 58 oil project.

‘The field development is, though, import intensive, and a large current account deficit is expected in 2026-28, financed by FDI (foreign direct investment) inflows. Foreign exchange reserves coverage remains adequate as insurance against external shocks. Block 58 oil is expected to start in 2028 leading to a doubling of real GDP by 2030.’

The IMF delegation said that macroeconomic stability is being eroded, noting that after primary surpluses in 2022-2024, the fiscal position has worsened and is expected to record a primary deficit on a cash basis and excluding a necessary central bank recapitalization of about one per cent of gross domestic product (GDP) in 2025 but with a sizable increase in suppliers’ arrears.

‘This pre-election fiscal expansion has caused a significant reduction in the government’s cash balances and the resulting injection of liquidity has put pressure on the exchange rate. These factors and the fiscal boost to demand have increased inflation from around six per cent earlier in the year to over 10 percent’.

Furthermore, the IMF delegation noted, monetary aggregates have been allowed to grow faster than the central bank’s reserve money targets since late 2024 and the central bank has been intervening to moderate the currency depreciation.

It said the authorities conducted a successful liability management operation and that the transaction was centered around the issuance of US$1.575 billion in five and 10-year Eurobonds.

‘The proceeds financed a cash tender offer for some existing 2033 Eurobonds and the remainder are being held in an overseas escrow account to be used to buy back outstanding 2033 Eurobonds and some or all of the oil-linked value recovery instruments.

‘These resources could also be used to prepay bilateral debt and will finance some interest payments on the new Eurobonds. The operation shores up the financing needed to service debt until after Block 58 oil revenues begin to flow in.’

But the government is being warned that there is an urgent need to improve the fiscal balance in 2026-7., with the IMF delegation projecting a primary balance of around zero per cent percent of GDP in 2026.

‘ A larger and more credible consolidation, underpinned by clear policy measures, would reduce depreciation and inflationary pressures and help the central bank to meet its monetary goals. In turn, this would preserve purchasing power and help businesses operate.

‘Such improvements would also create buffers against future downside risks,-for example, a 25 per cent decline in gold prices, which could reduce fiscal revenues by two per cent of GDP’.

The IMF delegation said that the government’s fiscal plan should be consistent with the recently legislated fiscal frameworks.

‘A five-year fiscal plan should be submitted to the National Assembly, alongside the 2026 budget, with both annual spending ceilings and a target for debt – net of Savings and Stabilization Fund assets -, this year.

‘While there are pressing spending needs in education, health, roads, electricity, and water and sanitation, spending limits should be raised only gradually to allow for an improvement in the government’s capacity to o effectively execute such spending.’

The IMF delegation said that Suriname should strengthen its public investment management practices and implement its Public Financial Management Priority Action Plan and that the he Savings and Stabilization Fund Suriname needs to be operationalised.

The delegation is also informing the government of the ‘urgent need to strengthen transparency and anticorruption controls ahead of the surge in hydrocarbon revenues.

‘The new procurement law should be implemented immediately. It requires the publication of all tenders, procurement contracts, names of the awarded entities and their beneficial owners, and the names of the public officials awarding the contracts.

‘It also requires ex-post validation of the delivery of the contracted service. The amendment to the anti-corruption law-to mandate the declaration of income and assets of politically exposed persons, to require verification and publication of these declarations, and to establish dissuasive sanctions for non-compliance-should be passed by the parliament and then promptly implemented,’ the IMF delegation added.

In August, the Suriname government said it would not enter into a new agreement with the IMF similar to the one that had been successfully implemented by the Santokhi government

‘We will not implement an IMF programme like we had,’ President Geerlings- Simons said, adding ‘but we will certainly remain on speaking terms to help us with our financial affairs, to provide advice on this, and to help strengthen institutions.’

In 2021, the IMF executive board approved Suriname’s Extended Fund Facility (EFF) US$572 million arrangement with the country pursuing an ambitious economic reform agenda with the objective of restoring macroeconomic stability and debt sustainability, while laying the foundations for strong and more inclusive growth.

The programme, which ended earlier this year, focused on restoring fiscal and debt sustainability, protecting the poor and vulnerable, upgrading the monetary and exchange rate policy framework, addressing banking sector vulnerabilities, and advancing the anti-corruption and governance reform agenda.

In a swift response to the sudden resignation of Steve McClaren, the Jamaica Football Federation (JFF) has named local football stalwart Rudolph Speid as the interim head coach of the national senior men’s team, the Reggae Boyz. The announcement, made on Friday afternoon, follows an emergency JFF meeting convened to address the leadership vacuum after McClaren’s departure on Tuesday.

The federation confirmed that Speid was one of two candidates interviewed for the post earlier today.

Speid, who has served as the team’s technical advisor for the past four months, will officially take the reins on December 15, 2025.

His contract is set to run until March 31, 2026, a period that crucially encompasses the team’s final shot at qualifying for the FIFA World Cup.

The JFF also revealed that discussions are underway with Miguel Coley, the other candidate interviewed for the head coach position, to return as assistant coach.

Coley, a former Reggae Boyz assistant now based in Iraq, is a familiar face within the national setup.

Speid’s appointment places the team’s fortunes in the hands of a proven winner on the domestic stage. As the head of Cavalier FC, he has engineered a period of remarkable success, securing three Jamaica Premier League titles in the last four years and clinching the 2024 Concacaf Caribbean Cup.

His immediate and monumental task will be to galvanise the squad for their last-ditch World Cup qualifying campaign at the Inter-Confederation Playoffs in March.

The Reggae Boyz will face Oceania’s New Caledonia in a semi-final showdown. A victory there would set up a winner-takes-all final against Africa’s DR Congo, with a coveted spot in next year’s global tournament on the line.

The Trinidad-based Caribbean Court of Justice (CCJ) says the legislation regulating the importation of liquified petroleum gas (LPG) is constitutional and that the Belize government is under no obligation to pay compensation to gas companies whose businesses had been adversely affected by the legislation.

The ruling followed an appeal filed by the Controller of Supplies and the Belize government with the respondents being Gas Tomza Limited, Western Gas Company Limited, Southern Choice Butane Limed and Belize Western Energy Limited. LPG is widely used for a variety of purposes in Belize. It was sourced from the United States Gulf Coast to suppliers across Central America and then imported by land into Belize by each of the gas companies for distribution. Together, they controlled the importation of LPG into Belize for over 20 years.

But the government embarked on the National Liquefied Petroleum Gas Project (NLPG)with the goals of ensuring the stability, quality, and affordability of the LPG supply, the creation of climate resilient infrastructure for LPG, the minimisation of smuggling of LPG, and the protection of the health and safety of Belizeans.

The National Gas Company (NGC) was created to drive the NLPG project, resulting in a definitive agreement between the government and NGC which contemplated the importation of LPG wholly by sea and the construction of supporting infrastructure for importation, distribution and supply of LPG throughout Belize.

Subsequently, the National Liquefied Petroleum Gas Project Act was enacted to give effect to the definitive agreement.

The Original Act introduced a regime whereby LPG would be exclusively imported by NGC into Belize by sea from the United States Gulf Coast, undergo quality assurance and other testing and stored at the NGC facility.

It also also exempted NGC from obligations relating to the payment of income and business taxes, sales taxes, customs and excise duties, stamp duties, environmental taxes, and others.

But the legislation was challenged by the gas companies, arguing that the Original Act significantly affected their business, resulting in the loss of a large portion of their customer base.

The gas companies initiated a claim in the High Court of Belize, arguing that the Original Act violated their constitutional right to property, right to work, protection of freedom of association, and right to equality before the law.

But before the the adjudication of the claim was completed by the courts, the Original Act was amended, making the importation of LPG by other companies possible.

The gas companies claimed that the law acquired their property without compensation, namely the goodwill of their respective businesses.

The High Court ruled that their right to property was breached and dismissed the other claims. The Court of Appeal upheld the finding of a breach of the right to property but also found that there was a breach of the gas companies’ right to work.

Both parties to the litigation appealed to the CCJ, the country’s highest and final court.

At the hearing of the appeal, the gas companies abandoned the ground of the cross-appeal that the Original Act was void and that the amendments made thereto were a nullity.

The remaining issues for the CCJ’s determination concerned the degree of judicial deference owed to the legislature in relation to legislation of a socio-economic nature, as well as whether the amended legislation contravened the gas companies’ rights to property, work, freedom of association and equality before the law.

Depending upon its determination of these issues, the CCJ would determine whether the matter should be remitted to the High Court for assessment of damages and whether there should be an award of vindicatory damages.

In its majority ruling read out by the CCJ president, Justice Winston Anderson, he affirmed that while the legislature should be afforded a generous margin of appreciation to shape socio-economic policy, courts must remain the ultimate guardians of constitutional rights.

He said the presumption of constitutionality remains a core feature in deciding on the intensity of review of socio- economic legislative policy as well as in the application of the de Freitas test for measuring proportionality.

Regarding the breach of the right to property, Justice Anderson accepted there could be an explicit or direct taking of property or a regulatory or indirect taking of property under section 17 of the Belize Constitution.

He found that there had been no explicit or direct taking of goodwill and went on to consider whether the Amended Act was regulatory and had effected an indirect taking by being a substantial and disproportionate interference with the goodwill of the gas companies.

On the facts of the case, he held that the gas companies failed to adequately plead or prove the existence and loss of goodwill in their businesses and hence that the claim that there had been a taking was bound to fail.

In particular, Justice Anderson determined that the gas companies’ undoubted loss of market share could not wholly or necessarily be attributable to a loss of goodwill without provision of expert evidence which had not been forthcoming.

On the right to work, the majority of the five-panel of judges, found that the constitutional right to work guarantees the opportunity to engage in a trade or business and that this right may be extended to corporations.

However, it was held that there was no breach of this right as the Gas Companies retained the ability to, and did in fact, continue to operate their LPG businesses. They had not been denied the opportunity to work, even if the conditions for importation had changed.

But in the dissenting opinion read out by Justice Peter Jamadar, it was found that the constitutional rights of the gas companies were breached relating to their right to property and their right to work.

Justice Jamadar examined the notion of the presumption of constitutionality and compared its usefulness as a burden of proof and a canon of construction in interpreting constitutional provisions.

In socio- economic policy making legislation or executive actions, the Court is, through the separation of powers, the final arbiter of whether constitutional standards have been met.

Further, he emphasised that in proving that a constitutional infringement has occurred there is a two-stage test to be applied: (i) a claimant must prove that prima facie their right has been, is being, or is likely to be infringed, and, once this has been established (ii) the burden shifts to the State to establish that the limitation on the right is, among other things, justified.

The more substantial the interference, the greater the obligation on the State to provide a cogent justification and fulsome disclosure.

In examining whether the gas companies’ rights were contravened under the Constitution, Justice Jamadar considered that both lower courts concluded that the goodwill of the Gas Companies was lost because of the monopoly created by the Original Act and continued by the provisions of the Amended Act.

The result of the Original Act was an immediate loss of business, customer base and goodwill. This amounted to a deprivation and/ or taking of property, due to the adverse effects of the interference, the judge said.

The CCJ said that considering the public importance and complexity of the matter, and its finding that the gas companies acted reasonably, it ordered each party to bear their own legal costs.