Grenada Legal Framework
PURSUING LEGAL ACTION
So you want to go to court. What will it take?
Before beginning any legal process, you must have standing to bring a claim, meaning you must be able to demonstrate that there is a sufficient link between the act and the injury caused to you.
Steps in the legal process when filing an environmental claim:
Claim is served on the defendant
Defendant admits, ignores or decides to defend the claim
Statement of claim
Statement of defence
Conference
Trial
Judgment
Finding an attorney to represent you and your case is a key, but often difficult, part in this process. While GLA cannot provide legal advice nor a list of suggested attorneys, we encourage you to seek one with a history of advocacy, interested in environmental matters, and/or one who may be willing to handle your case pro bono.
While there are benefits to this approach, the process is often long, costly, and energy-intensive, as one must gather compelling evidence to support their claim, after which the outcomes may still be unsatisfactory. However, pursuing legal action in this way is a method of exercising one’s rights, and the court provides the authoritative interpretation, which means that the outcome or decision is legally enforceable. Legal action in courts also raises the profile of the issue, which can sometimes aid in the resolving the issue.
So you won your environmental case! What remedies might you be granted?
If you are successful in a court case, that is, the court agrees with your arguments, the court or Tribunal can order:
an invalid decision made by a public body be quashed / cancelled;
an officer not undertake a particular action;
a public official to make a decision (where he or she is delaying unreasonably or neglecting to perform his or her duty);
work be undertaken to fix environmental damage that has been caused;
conditions be imposed on some activity (such as limiting operating hours in a residential area); or
the person responsible for causing environmental harm pay damages to those people who are affected.
Any one of these would be considered a remedy.
ALTERNATIVES TO COURT
Outside of court, you still have options. You can:
Keep thorough records - journal, photos, with dates and as much information as possible
Write letters - to your Minister, parliamentary representative, or constituency representative
Contact the developer directly
Contact the relevant authorities, e.g., Planning and Development Authority, Grenada Solid Waste Management Authority
Start a publicity campaign (which may include an online petition) to raise awareness of the issue
Contact the Ombudsman
File a petition for consideration in Parliament
Contact the project funder’s compliance or grievance office
Compared to legal action, the biggest downside of this approach is that the outcome is not legally enforceable or bindable - even if an agreement is reached with the offending party or company, they cannot be made to follow through. The process can also be costly and time-intensive, and may not reach any resolution. However, when successful, these methods can build consensus towards solutions and goodwill that can help with future issues, because being non-confrontational and inclusive helps to promote cooperation and community.
Petitions for Parliament
In every session of Parliament (more information on Parliamentary structure here), petitions are debated on various public issues. These petitions become a matter of public record, which can be useful if legal action is required later on. The general public can submit petitions to their relevant Senator for inclusion in the next session, but these petitions must be submitted at least 14 days before Parliament sits. The physical petition forms are available at the House of Parliament in Mt. Wheldale, St. George’s, and the staff are available to assist you with filling them out correctly.
Sessions of Parliament are live-streamed for the public on their website: HOP Live Stream – Grenada Parliament and Youtube.
Funder grievance mechanisms
If the project against which you have a complaint is funded by an international agency, then you can contact their internal compliance office. International funders have their own grievance mechanisms in place to ensure compliance with relevant regulations, and they want to minimize bad press around their grantees or beneficiaries. Research the funder organization and see if there is an office to which you can report the project, and they may launch an independent investigation.
For example, the Caribbean Development Bank has an Office of Integrity, Compliance and Accountability with a portal for complaints.