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Ho V Simmons: Breach of Privacy and Confidence in the PUBLIC SPEAKING 2 Digital Age By: Keron Bholai

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Ho V Simmons: Breach of Privacy and Confidence in the PUBLIC SPEAKING 2 Digital Age By: Keron Bholai PAGE2 THE GAVEL A PUBLICATION OF THE HUGH WOODING LAW SCHOOL IN THIS ISSUE: VOLUME 8, ISSUE II JANUARY 2016 HO v. SIMMONS: 1 Ho v Simmons: Breach of Privacy and Confidence in the PUBLIC SPEAKING 2 Digital Age by: Keron Bholai COMPETITON GUYANA SUICIDE 3 PROBLEM The judgement stated “It is unfortunate UPDATE ON CRICK- 4 that as a society we have not been proactive and that ET COMMITTEE we are burdened with so many archaic laws that pre- date our independence.” (Para. 35 of Judgment) That EVENT CALENDER 5 these deficiencies exist is a sad reality that we will have to work with for some time. PINK HIJAB DAY 6 Notwithstanding sluggish legislative re- sponse to the evolving and expanding societal de- ACLI ARTICLE 7 mands, Seepersad J was determined to do his part to ensure that the Common Law evolved as best it ROLE & FUNCTION 8 could to meet the current needs of the society. OF THE DPP Mention should also be made of the Hugh Wooding th Law School alumni who assisted in bringing the ADMISSION TO 9 26 October 2015 was a historical day case, Mr. Christian Chandler (2012) and Lemuel J PRACTICE in the legal arena of Trinidad and Tobago. On Murphy (2000), who were willing to delve into a that day, a landmark decision was handed down case with no local precedent. ISLAM’S STANCE ON 10 by the Honourable Mr. Justice Frank Seepersad Interestingly, the Claimant never brought in the case of Therese Ho v. Lendl Simmons VIOLENCE up the issue of right to privacy. However Seepersad ANTI-VIOLENCE & (H.C.1949/2014. CV.2014-01949). In so doing, J must have thought this a crucial aspect in the 11 he ushered in a new development in our law of CRIME PREVENTION development of future law as this is the aspect of a breach of confidence concerning intimate PROGRAM person’s life that is being affected the most. He pictures, a type of case which had never been pointed out that there is little jurisprudence on tried before in T&T, much less involving the invasion of personal privacy. HWLS 14 medium in which the breach took place, i.e., He also noted that changes in the face GRADUATION cyberspace. and fabric of society, coupled with technological In this case, the Claimant and Defend- advances in the field of social media, have made this HABITAT FOR 15 ant were in a relationship during which photo- HUMANITY aspect of one’s life most open to exposure. The graphs of an extremely personal nature were impression I am left with is that breach of confi- NEW FACES OF 16 taken by both parties. After the relationship dence is only a workaround solution to the real HUGH WOODING ended the Defendant showed these photos to problem, but it is the only avenue which the Court several persons, as a result of which the Claim- can use at this time. It should also be noted that the BAJAN NIGHT 18 ant was subjected to much public ridicule and Courts in this jurisdiction are not obligated to use embarrassment. The Claimant brought an action breach of confidence to protect human rights and OECS NIGHT 19 and sought relief including damages for breach fundamental freedoms, as they are in other jurisdic- HWLS HSS 20 of confidence. The Court was of the view that tions of the world. the breach of confidence was occasioned with WHAT NOT 21 the deliberate intent of causing embarrassment, (Continued on page 2) TO WEAR distress and humiliation to the Claimant and it awarded compensation in the amount of HAVE A LAUGH 22 $150,000. The judgment makes clear that, when WORD SEARCH 23 we consider the advances in technology and HWLS 24 changes in society over the past few years, the COLOURING statutory laws of Trinidad and Tobago are be- COMPETITION hind the times in some aspects such as protec- tion of personal privacy and breach of confi- dence. P A G E 2 Credits Ho v Simmons: Breach of Privacy and Confidence in the THE GAVEL is the official Digital Age by: Keron Bholai newsletter of the Hugh Wooding Law School situ- (Continued from Page 1) ated at Gordon Street, St. Augustine, Trinidad and For example, “Courts in the United Kingdom are test for breach of confidence. Tobago. It is published now obligated to apply the law in relation to breach While he does not dwell on it, Seepersad three times a year by a joint of confidence in a manner that is consistent with J does point out that the Claimant did initiate this committee of staff and stu- that Nation’s obligations under the Human Rights chain of events by passing information onto the dents. Act 1988 and its obligations under the European Defendant’s wife, using the moral high ground de- Contributions and Convention for the Protection of Human Rights and fense. He then goes on to say those same morals comments are welcomed from Fundamental Freedoms, no such obligation exists in should have stopped her from entering the relation- staff, students or any other inter- this jurisdiction.” (Para. 30 of judgment) Technically, ship in the first place. This may have been his way of ested parties. therefore, this remedy/cause of action is still availa- quietly pointing out that in the Court of Equity the Send all e-mails to ble at the discretion of the Court. Claimant may not have had clean hands. With a less hwls.newsletter@gmail. While this case may be groundbreaking in vindictive Defendant, that may have mitigated the com. the Caribbean, there have been several cases world- damages awarded. In this case however, the Court wide from which the Court was able to draw guid- found the actions and attitude of the Defendant Editorial Committee: ance/inspiration. These cases, such as Giller v Pro- towards the Claimant and women in general to be Nisha Mathura-Allahar copets ([2004] VSC 113), Stephens v Avery ((1988) so offensive and derogatory that it did not impact Ch. 449), and Wilson v Ferguson ((2015) WASC the quantum of damages awarded by the Court. Rudranath Maharaj 15), enabled Seepersad J to state, with confidence, Jason Nathu that intimate photos taken in private and shared by two people could be the subject matter of a legally Editor, Design and Lay- enforceable duty of confidentiality. This was neces- out & Photography: sary to satisfy the first two limbs in the traditional Alysa Habib Arlene Chochan Karen R. L. Singh Richard Jaggasar The Human Rights Law Clinic Public Speaking Lyrinda Lisa Persaud Farisha Mohammed Competition By :Radeyah H. Ali Collin Elbourne Kristen Sewnarine Shari Deonarinesingh th On Thursday 10 December 2015, the was Angel Nyla Kungiesingh. Angel advocated Saeed Hamid Hugh Wooding Law School Human Rights Law that since the Constitutional right to a Nationality Miriam Andrew Clinic hosted a Public Speaking Competition on is essential, Trinidad and Tobago should allow the occasion of Human Rights Day 2015. A prelim- these persons back into the country so that they inary round was held on Friday 4th December 2015 can face due process of law. THANK YOU where the eight finalists were chosen. In third place was Cherisse Francis THE GAVEL NEWS Team would like to acknowledge our Mr. Jason Nathu, Attorney-at-law and speaking on the question, “Should the State inter- appreciation of those members tutor at the Human Rights Law Clinic, delivered vene to protect victims of Domestic Violence when the of the administrative staff who greetings at the event. He began by speaking about complainant fails or refuses to press charges?”. help us to publish every issue. rights and freedoms as the basis of Human Rights. Cherisse held the audience captive from the very Specifically we wish to thank Shevkumar Singh and Mrs. He recognised that the Public Speaking Competi- beginning as she posited that the State should defi- Francisca Campbell. tion falls within the very objectives of the Legal Aid nitely intervene in this situation since she believes Clinic at the Hugh Wooding Law School. that domestic violence has become a public issue. Disclaimer: Please be advised Taking first place with her speech on the Both Andrea Walters and Richard that the views expressed in the articles contained herein are question, “Should the State be required to provide Jaggasar addressed the topic: “Should the Govern- those of the individual authors free tertiary education?”, was Chelsea Stewart, a ment of Trinidad and Tobago open its borders to refu- and not the of the Editorial second year student. Chelsea advocated that the gees from conflict-laden countries?”. Interestingly, Committee/ Hugh Wooding State ought to provide free tertiary education differing perspectives were presented as Andrea Law School and/ or the Coun- cil of Legal Education. since among other things, it would be an invest- advocated AGAINST the unfettered welcoming of ment in the society. refugees into the country, whilst Richard advocat- ed FOR the welcoming of refugees into the coun- Coming in second speaking on the ques- try. tion, “Should persons who leave Trinidad and Tobago (Continued on Page 11) to join Daesh be allowed entry back into this country?”, T H E G A V E L VOLUME 8, ISSUE II T H E G A V E L P A G E 3 WHY DOES GUYANA HAVE THE HIGHEST SUICIDE RATE IN THE WORLD? BY SAEED HAMID In the small Caribbean nation of Guyana, In relation to alcohol abuse, Dr. Sara live approximately 750,000 people plagued Crooks, a representative of the Caribbean by what the World Health Organisation Public Health Agency (CARPHA), reported (WHO) reports as the highest suicide rate an alarming prevalence of alcohol abuse in in the world.
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