Grenada Legal Framework
PURSUING LEGAL ACTION
So you want to go to court. What will it take?
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
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 authority, 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.
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 to raise awareness of the issue
Contact the Ombudsman
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.