By Prior Beharry
THE Privy Council has ruled that Public Health Regulations passed to deal with the Covid-19 pandemic are proper law.
In a ruling on Monday, Lord Reed, Lord Hodge, Lord Sales, Lord Hamblen and Lady Rose upheld the constitutionality of the regulations first implemented on March 19, 2020.
The consolidated appeals brought by the appellants Dominic Suraj and others and Satyanand Maharaj versus the Attorney General of Trinidad and Tobago were dismissed.
A release from the Office of the Attorney General stated, “The Appellants were challenging the constitutionality of the Public Health Regulations passed by the Government to manage the Covid-19 pandemic. The Privy Council has unanimously upheld the management of the Covid-19 pandemic since early 2020 by the Government of Trinidad and Tobago.
“Specifically, the court found that the Public Health Regulations and Guidelines issued by the Minister of Health were appropriately based on sound medical and expert scientific evidence and made in the public interest of protecting the life and health of the population of this Republic.
“This case was successfully argued and won by the Attorney General in the High Court and the Court of Appeal prior to his assumption of Office as Attorney General, leading a team of committed and extremely competent attorneys and, the Attorney General takes this opportunity to thank that team and the attorneys appearing before the Privy Council.”
The release stated that the government’s approach to managing the Covid-19 pandemic was conclusively endorsed by the country’s highest court of law.
It stated, “In particular the Privy Council rejected arguments of unconstitutionality and interference with religious rights.
“This ruling is an important vindication of the Government’s long-standing legislative agenda and use of legislation passed without a super majority. This issue has been the subject of running vocal complaints by members of the Opposition who have baselessly claimed that this approach was contrary to the Constitution.”
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The Privy Council has today decisively rejected that criticism and vindicated both the position of the Government and its legislative agenda.
Two cases were consolidated. Appellants Dominic Suraj, Marlon Hinds, Christopher Wilson, Bruce Bowen and Collin Ramjohn were represented by Peter Knox, QC, Anand Ramlogan, SC, Vishaal Siewsaran Adam Riley and instructed by Ganesh Saroop in Trinidad. Appellant Satyanand Maharaj was represented by Anand Ramlogan, SC, Kate O’Raghallaigh Adam Riley instructed by Freedom Law Chambers in Trinidad.
Appearing for the State were Thomas Roe, QC, Fyard Hosein, SC, Natasha Jackson and instructed by Charles Russell Speechlys LLP.
