The legal system of Saint Lucia
The clearest mixed jurisdiction in the Commonwealth Caribbean, reflecting fourteen changes of hands between France and Britain. Private law is codified: the Civil Code of Saint Lucia of 1879 was drawn from the Civil Code of Lower Canada, itself based on the Code Napoléon, and still governs obligations, property and succession. Procedure, evidence, criminal law and public law are English common law. Saint Lucia shares the Eastern Caribbean Supreme Court with five OECS neighbours and has accepted the appellate jurisdiction of the Caribbean Court of Justice.
Legal tradition
Saint Lucia belongs to the mixed civil and common law tradition. The clearest mixed jurisdiction in the Commonwealth Caribbean, reflecting fourteen changes of hands between France and Britain. Private law is codified: the Civil Code of Saint Lucia of 1879 was drawn from the Civil Code of Lower Canada, itself based on the Code Napoléon, and still governs obligations, property and succession. Procedure, evidence, criminal law and public law are English common law. Saint Lucia shares the Eastern Caribbean Supreme Court with five OECS neighbours and has accepted the appellate jurisdiction of the Caribbean Court of Justice.
How power is divided
Unitary. Parliament legislates for the whole state; the ten quarters are administrative, and local government operates through town and village councils with delegated powers.
Where law comes from
- The Constitution
- Supreme law.
- Civil Code of Saint Lucia
- Codified private law of Quebec and ultimately French origin; the distinctive feature of the jurisdiction.
- Acts of Parliament
- House of Assembly and Senate.
- English common law and equity
- Governs procedure, evidence, criminal law and public law, and fills gaps in the Code.
The legal profession
A fused profession of attorneys-at-law admitted by the High Court under the Legal Profession Act 2000, after a law degree and the Legal Education Certificate. Practitioners must be familiar with both the Civil Code and common-law technique, which is unusual in the region.
Law by topic in Saint Lucia
- Business & CorporateCompanies Act 1996 on the CARICOM modelThe Companies Act 1996 adopts the CARICOM harmonised model with articles of incorporation, so company law is common law in character despite the civilian Civil Code. The Registry of Companies and Intellectual Property administers incorporation, and an international business company regime operates under separate legislation. Insolvency remains largely a matter of the older Bankruptcy Act together with codal rules on creditor priority.
- Immigration & NationalityImmigration Act with CARICOM free movement and a CBI programmeThe Immigration Act governs entry, residence and removal, administered by the Immigration Department within the Ministry of Home Affairs. CARICOM nationals holding a skills certificate may work without a permit, and other CARICOM nationals get a six-month stay. The Citizenship by Investment Act 2015 created a programme granting citizenship on an approved investment without any residence requirement.
- Property & LandLand Registration Act with civilian property conceptsSaint Lucia completed a systematic land adjudication and registration programme, and title now rests on the register maintained under the Land Registration Act, supported by the Land Adjudication Act. Substantive property concepts, however, come from the Civil Code, so usufruct, emphyteusis and civilian servitudes appear on titles. Non-nationals require an alien landholding licence to acquire land.
- Criminal LawCriminal Code 2004 consolidating offences and procedureThe Criminal Code 2004 is a full consolidation covering both substantive offences and much of criminal procedure, replacing a patchwork of earlier acts. Indictable matters are tried in the High Court with a jury; summary matters are dealt with in the District Court before a magistrate. The Director of Public Prosecutions has constitutional independence in the conduct of prosecutions.
- Constitutional Law1978 Constitution, a mixed legal system, and the CCJ as final courtThe Saint Lucia Constitution Order 1978 created a parliamentary monarchy with a Governor-General representing the King, a bicameral Parliament and an independent judiciary. Chapter I guarantees fundamental rights enforceable in the High Court. Saint Lucia is one of only five CARICOM states to have accepted the appellate jurisdiction of the Caribbean Court of Justice, which replaced the Privy Council as its final court of appeal.
- Civil ProcedureECSC Civil Procedure Rules 2000 over a civilian substantive lawProcedure is common law and follows the Eastern Caribbean Supreme Court Civil Procedure Rules 2000, identical in form to those used in the other ECSC states. A claim form and statement of claim start proceedings, with 14 days to acknowledge service and 28 days to file a defence. Substantive rights, however, are often codal, and prescription periods come from the Civil Code rather than a limitation statute.
- Employment & LabourLabour Act 2006 consolidating employment rightsThe Labour Act 2006 is a consolidated code covering contracts of employment, minimum terms, termination, redundancy, occupational safety and equality of opportunity. It requires written particulars of employment and sets notice periods graduated by length of service. Disputes go to the Labour Commissioner for conciliation and then to the Labour Tribunal, with an appeal on a point of law to the High Court.
- Family LawDivorce Act with Civil Code rules on successionDivorce is governed by the Divorce Act, with irretrievable breakdown shown most often by one year of separation. The Civil Status Act governs registration of marriages and births, and the Children (Care, Protection and Adoption) Act deals with children in need of protection. Succession is civilian, and the Civil Code imposes forced heirship style protection for certain heirs.
- Tax LawIncome Tax Act with VAT at 12.5 percentThe Income Tax Act taxes residents on worldwide income and charges corporation tax at 30 percent, with reliefs for approved enterprises. Value added tax is charged at 12.5 percent under the Value Added Tax Act, reduced from 15 percent, with a lower rate for hotel accommodation. The Inland Revenue Department administers direct tax and VAT, and Saint Lucia participates in automatic exchange of financial account information.
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