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Of 94 REPUBLIC of TRINIDAD and TOBAGO in the COURT OF
REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Criminal Appeals Nos. 5 & 6 of 2010 BETWEEN BARRY FRANCIS ROGER HINDS Appellants AND THE STATE Respondent PANEL: I. ARCHIE, C.J. P. WEEKES, J.A. P. JAMADAR, J.A. A. YORKE-SOO HON, J.A. N. BEREAUX, J.A. APPEARANCES: Mr. J. Singh, Mr. L. Lalla, Mr. K. Taklalsingh, Mr. D. Khan and Ms. H. Shaikh for the First Appellant. Ms. A. Francis for the Second Appellant. Ms. D. Seetahal S.C. and Mr. G. Busby for the Respondent. Ms. P. Elder S.C., Ms. S. Chote S. C., Mr. R. Persad, Ms. M. Solomon- Baksh, Mr. J. Heath and Mr. R. Morgan for the Criminal Bar Association. DATE DELIVERED: 14th February, 2014 Page 1 of 94 JUDGMENT Joint Opinion of I. Archie, C.J. and P. Jamadar, J.A. Introduction 1. This joint opinion is a minority opinion on the single issue of whether in determining when legislation is inconsistent with the Trinidad and Tobago Constitution, a proportionality test as suggested by Baroness Hale in Kenneth Suratt v Attorney General1 is an appropriate means for resolving that issue – in the context of legislation passed by a simple majority and not pursuant to section 13 of the Constitution, or for the purposes of the first stage analysis on a section 13 challenge to the constitutionality of an Act (on the basis that though inconsistent and rendered effective, it is not reasonably justifiable in a society that has a proper respect for the rights and freedoms of the individual). 2. -
Hansard Withdraw Those from the Thing
137 Leave of Absence Tuesday May 22, 2012 SENATE Tuesday, May 22, 2012 The Senate met at 1.30 p.m. PRAYERS [MADAM VICE-PRESIDENT in the Chair] LEAVE OF ABSENCE Madam Vice-President: Hon. Senators, I have granted leave of absence to Sen. The Hon. Dr. Bhoendradatt Tewarie, Sen. The Hon. Embau Moheni, Sen. Subhas Ramkhelawan and Sen. Dr. James Armstrong who are all of the country, and Sen. Elton Prescott SC who is ill. SENATORS’ APPOINTMENT Madam Vice-President: Hon. Senators, I have received the following correspondence from His Excellency the Acting President, Timothy Hamel-Smith: “THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO By His Excellency TIMOTHY HAMEL-SMITH, Acting President and Commander-in-Chief of the Republic of Trinidad and Tobago. /s/ T. Hamel-Smith Acting President. TO: ARCHBISHOP BARBARA BURKE WHEREAS Senator EMBAU MOHENI is incapable of performing his duties as a Senator by reason of his absence from Trinidad and Tobago: NOW, THEREFORE, I, TIMOTHY HAMEL-SMITH, Acting President as aforesaid, in exercise of the power vested in me by section 40 (2) (a) and section 44 of the Constitution of the Republic of Trinidad and Tobago, do hereby appoint you, ARCHBISHOP BARBARA BURKE, to be temporarily a member of the Senate, with effect from 22nd May, 2012 and continuing during the absence from Trinidad and Tobago of the said Sen. Embau Moheni. Given under my Hand and the Seal of the President of the Republic of Trinidad and Tobago at the Office of the President, St. Ann’s, this 21st day of May, 2012.” 138 Senators’ Appointment Tuesday May 22, 2012 “THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO By His Excellency TIMOTHY HAMEL-SMITH, Acting President and Commander-in-Chief of the Republic of Trinidad and Tobago. -
Book Layout.P65
CHANGING OUR CONSTITUTION A Comparison of the Existing Constitution of Trinidad and Tobago and the Working Document on Constitutional Reform for Public Consultation The University of the West Indies St. Augustine Campus Trinidad and Tobago, West Indies CHANGING OUR CONSTITUTION A Comparison of the Existing Constitution of Trinidad and Tobago and the Working Document on Constitutional Reform for Public Consultation By: Dr. Hamid Ghany Dean, Faculty of Social Sciences and Coordinator, Constitutional Affairs & Parliamentary Studies Unit, The University of the West Indies, St. Augustine, Trinidad, West Indies Jointly published by: The Draft Constitution Secretariat, Office of the Prime Minister of the Republic of Trinidad and Tobago and The Constitutional Affairs and Parliamentary Studies Unit, University of the West Indies, St. Augustine, Trinidad, West Indies © 2009 Dr. Hamid Ghany Printed in Trinidad and Tobago by: Cassims Commercial Enterprises [email protected] | 868-791-0903 CHANGING OUR CONSTITUTION TABLE OF CONTENTS Introduction ........................................................................................................................................... 4 (i) Eric Williams and the Introduction of a Nominated Senate ............................................................ 6 (ii) The Office of Speaker in Trinidad and Tobago ............................................................................... 7 (iii) The Judiciary ................................................................................................................................ -
20100323, Senate Debates
769 Leave of Absence Tuesday, March 23, 2010 SENATE Tuesday, March 23, 2010 The Senate met at 1.30 p.m. PRAYERS [MR. PRESIDENT in the Chair] LEAVE OF ABSENCE Mr. President: Hon. Senators, I have granted leave of absence to Sen. Dr. Emily Gaynor Dick-Forde, who is out of the country. SENATOR’S APPOINTMENT Mr. President: Hon. Senators, I have received the following correspondence from His Excellency the President, Prof. George Maxwell Richards, T.C., C.M.T., Ph.D.: “THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO By His Excellency Professor GEORGE MAXWELL RICHARDS, T.C., C.M.T., Ph.D., President and Commander-in-Chief of the Republic of Trinidad and Tobago. /s/ G. Richards President. TO: MR. JOEL PRIMUS WHEREAS Senator Dr. Emily Gaynor Dick-Forde is incapable of performing her duties as a Senator by reason of her absence from Trinidad and Tobago: NOW, THEREFORE, I, GEORGE MAXWELL RICHARDS, President as aforesaid, acting in accordance with the advice of the Prime Minister, in exercise of the power vested in me by section 44 of the Constitution of the Republic of Trinidad and Tobago, do hereby appoint you, JOEL PRIMUS, to be temporarily a member of the Senate, with effect from 23rd March, 2010 and continuing during the absence from Trinidad and Tobago of the said Senator Dr. Emily Gaynor Dick-Forde. Given under my Hand and the Seal of the President of the Republic of Trinidad and Tobago at the Office of the President, St. Ann‟s, this 15th day of March, 2010.” 770 Oath of Allegiance Tuesday, March 23, 2010 OATH OF ALLEGIANCE Senator Joel Primus took and subscribed the Oath of Allegiance as required by law. -
Election of President Friday February 15, 2013
1 Election of President Friday February 15, 2013 ELECTORAL COLLEGE Friday, February 15, 2013 The College met at 2.00 p.m. PRAYERS [HON. WADE MARK in the Chair] [National Anthem] ELECTION OF PRESIDENT Mr. Chairman: I now call to order this Electoral College. Hon. Members of the Electoral College, in accordance with section 28 of the Constitution of the Republic of Trinidad and Tobago, I have convened this meeting of the Electoral College for the purpose of holding an election for President of the Republic of Trinidad and Tobago. Before we begin, I am to advise that I have received a request to be excused from this meeting of the Electoral College from Sen. The Hon. Timothy Hamel- Smith, President of the Senate, who is currently acting as President of the Republic of Trinidad and Tobago. Hon. Members, pursuant to section 26(2) of the Constitution of the Republic of Trinidad and Tobago, the date of the election for President was published in the Trinidad and Tobago Gazette of Thursday, January 17, 2013. In accordance with section 30 of the Constitution of the Republic of Trinidad and Tobago, Mr. Anthony Thomas Aquinas Carmona was nominated for election as President by a nomination paper signed by him and 12 Members of the House of Representatives. The 12 Members of the House of Representatives who signed the nomination paper were: Mrs. Kamla Persad Bissessar Mr. Errol Mc Leod Mr. Jack Warner Mr. Prakash Ramadhar Mrs. Caroline Seepersad Bachan Mr. Nizam Baksh 2 Election of President Friday February 15, 2013 [MR. CHAIRMAN] Mr. -
20170613, Unrevised Senate Debate
1 Leave of Absence 2017.06.13 SENATE Tuesday, June 13, 2017 The Senate met at 10.30 a.m. PRAYERS [MR. VICE-PRESIDENT in the Chair] LEAVE OF ABSENCE Mr. Vice-President: Hon. Senators, I wish to advise that the President of the Senate, Sen. The Hon. Christine Kangaloo is out of the country, and leave of absence has been granted to H.R. Ian Roach who is ill. SENATORS’ APPOINTMENT Mr. Vice-President: Hon. Senators, I have received the following correspondence from His Excellency the President, Anthony Thomas Aquinas Carmona O.R.T.T., S.C.: “THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO By His Excellency ANTHONY THOMAS AQUINAS CARMONA, O.R.T.T., S.C., President of the Republic of Trinidad and Tobago and Commander-in-Chief of the Armed Forces. /s/ Anthony Thomas Aquinas Carmona O.R.T.T. S.C. President. TO: MR. NDALE YOUNG WHEREAS Senator Christine Kangaloo is incapable of performing her duties as a Senator by reason of her absence from Trinidad and Tobago: UNREVISED 2 Senators’ Appointment (cont’d) 2017.06.13 NOW, THEREFORE, I, ANTHONY THOMAS AQUINAS CARMONA, President as aforesaid, in exercise of the power vested in me by section 44(1)(a) and section 44(4)(a) of the Constitution of the Republic of Trinidad and Tobago, do hereby appoint you, NDALE YOUNG to be temporarily a member of the Senate, with effect from 13th June, 2017 and continuing during the absence from Trinidad and Tobago of the said Senator Kangaloo. Given under my Hand and the Seal of the President of the Republic of Trinidad and Tobago at the Office of the President, St. -
Whose Constitution? Law, Justice and History in the Caribbean of Government, the Constitution As Political Order
I shall explore the conjecture that our Independence constitutions are not our own. But I shall go beyond the question of those bodies of basic law to consider the larger question of the structures Whose Constitution? Law, Justice and History in the Caribbean of government, the constitution as political order. And beyond that, by ‘constitution’, I reach also to what underpins law and politics: how we live together, and how we imagine ourselves living together, here, on these rocks, in this sea. Sixth Distinguished Jurist Lecture 2016 by Professor Richard Drayton PhD FRHistS Whose Constitution? Law, Justice and History in the Caribbean Whose Constitution? Law, Justice and History in the Caribbean Judicial Education Institute of Trinidad and Tobago Sixth Distinguished Jurist Lecture 2016 By Professor Richard Drayton PhD FRHistS © Judicial Education Institute of Trinidad and Tobago 2016 All rights reserved. Except for use in review, no part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, any information storage or retrieval system, or on the internet, without permission in writing from the publishers. Produced for the JEITT by: www.pariapublishing.com Typeset in Arno Pro by Paria Publishing Company Limited and printed by The Office Authority Limited ISBN (e-book) 978-976-8255-37-2 available on http://www.ttlawcourts.org/jeibooks/ ISBN (hardcover) 978-976-8255-36-5 ••• Also in the Distinguished Jurist Lecture series: Creating a Regional Jurisprudence First Distinguished Jurist Lecture 2011 by Sir Shridath Ramphal, QC, OCC The Role of the Court of Appeal in Developing and Preserving An Independent and Just Society Second Distinguished Jurist Lecture 2012 by The Hon. -
National Icons of the Republic of Trinidad and Tobago Award Ceremony 2013 SENATOR the HONOURABLE DR
Contents 2 Foreword Senator The Honourable Dr. Bhoendradatt Tewarie Minister of Planning and Sustainable Development 3 Message Dr. Keith Nurse Former Chair, High Level Expert Panel for the Implementation of Arts, Cultural and Entrepreneurial Projects and the Patriotism Project in Trinidad & Tobago 4 Message Honourable Kamla Persad-Bissessar SC, MP Prime Minister of the Republic of Trinidad & Tobago 6 - 7 The National Icons of Trinidad & Tobago 8 - 69 Proles of the National Icons of Trinidad & Tobago 70 Acknowledgements National Icons of The Republic of Trinidad and Tobago Award Ceremony 2013 SENATOR THE HONOURABLE DR. BHOENDRADATT TEWARIE MINISTER OF PLANNING AND SUSTAINABLE DEVELOPMENT CHAIRMAN 50TH ANNIVERSARY OF INDEPENDENCE INTERMINISTERIAL COMMITTEE NATIONAL ICONS PUBLICATION It is with great pleasure that the Ministry of Planning and Sustainable Development, in collaboration with the Citizens’ Advisory Committee and the Oce of the Prime Minister, presents to the nation 60 nationals and organizations who have personied and epitomised the strong values, fundamental beliefs, and cultural aspirations of our society. These icons have done much, have given more and are easily identiable with the life, history and evolution of Trinidad and Tobago society since Independence. We acknowledge their talent, we are grateful for their contribution, and we are inspired by their patriotism, their dedication to their vocation, and their service to humanity. Last year when we were celebrating our ftieth anniversary as a sovereign Cognisance of this prompts us to consider how much better we might be nation, on the basis of a clear recommendation by the High Level Panel of as a nation if more of us would do more and give more of ourselves and Experts appointed by Cabinet we committed to honouring fty (50) collaborate constructively with each other to achieve higher heights. -
Nineteenth Dr. Eric Williams Memorial Lecture “Eric Williams and the Emergence of the National Energy Sector”
Nineteenth Dr. Eric Williams Memorial Lecture “Eric Williams and the Emergence of the National Energy Sector” Delivered by Professor Kenneth S. Julien T.C. (Professor Emeritus) Central Bank Auditorium Friday 10th June, 2005 Dr. Eric Williams Nineteenth Lecture in the Dr. Eric Williams Memorial Lecture Series Dr. Eric Williams A Biographical Sketch r. Eric E. Williams was born on September 25, 1911. He received his primary school education at Tranquillity Government School (from which he won DD a College Exhibition) and then attended Queen’s Royal College where he was awarded a prestigious Island Scholarship. In 1931, he entered Oxford University, England, where he read for an honours degree in history. He obtained a Doctor of Philosophy degree in history in 1938. His doctoral thesis, The Economic Aspect of the Abolition of the West Indian Slave Trade and Slavery, served as the basis for Capitalism and Slavery (1944), a well known work which established his reputation as a leading international scholar in this area of study. During the year 1939, Dr. Williams taught at Howard University in the Division of Social Sciences and the Political Science Department. In 1942, while still at Howard, he worked for the Anglo-American Caribbean Commission. Conflicts with the Commission, however, led to his resignation in 1955, an account of which is given in his writings, My Relations with the Caribbean Commission. This event served as a major catalyst for his entrance into the active politics of the country. Dr. Williams launched a political party, the People’s National Movement, on January 15, 1956. In the course of his political life, he was the first Chief Minister of Trinidad and Tobago (1956 – 1959) and first Premier (1959 – 1962). -
By Kevin Jeanville
Trinidad & Tobago Social Studies for Primary School: Standard 3 PCR EDITION By Kevin Jeanville Edited by: Shenelle L. Jeanville B.Sc. (Chemistry) Caribbean Tutorial Publishing Company Limited i Trinidad & Tobago Social Studies for Primary School: Standard 3 PCR EDITION Caribbean Tutorial Publishing Company Limited Trinidad & Tobago Social Studies for Primary School: Standard 3 PCR EDITION All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the copyright owner. ©Kevin Jeanville First Printed 2015 Printed and Published by: Caribbean Tutorial Publishing Company Limited Pointe-à-Pierre Road, San Fernando Trinidad, West Indies. Telephone: +1(868) 653-1166 Agent: Mohammed’s Book Store (1988) Ltd. Marc Street, Chaguanas – (868) 665-2959 High Street, Princes Town – (868) 655-2915 Penal Junction – (868) 647-4786 Also Michael Mohammed’s Book Store Pointe-à-Pierre Road, San Fernando – (868) 653-1166 ii Trinidad & Tobago Social Studies for Primary School: Standard 3 PCR EDITION PREFACE “Trinidad & Tobago Social Studies for Primary School: Standard 3 PCR EDITION”, has been designed for pupils to achieve the objectives of the new Social Studies Syllabus in accordance with the requirements of the Secondary Entrance Assessment (S.E.A.) Examination. The text reflects Trinidad and Tobago’s trend toward standards based curricula and the author takes the position on what I believe constitutes the key issue. The text aims at culturally responsive teaching with a focus on enhanced quality of instruction for diverse learners. “Trinidad & Tobago Social Studies for Primary School: Standard 3 PCR EDITION”, has three overarching goals: 1. -
Celebrating 50 Years of an Independent Court of Appeal of Trinidad and Tobago 1962–2012
Celebrating 50 Years of an Independent Court of Appeal of Trinidad and Tobago 1962–2012 WITH A NARRATIVE BY BRIDGET BRERETON CELEBRATING AN INDEPENDENT COURT OF APPEAL OF TRINIDAD AND TOBAGO 1962–2012 CELEBRATING AN INDEPENDENT COURT OF APPEAL OF TRINIDAD AND TOBAGO 1962 – 2012 WITH A NARRATIVE BY BRIDGET BRERETON CELEBRATING 50 YEARS © Judicial Education Institute of Trinidad and Tobago, 2015 All rights reserved. Except for use in review, no part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, any information storage or retrieval system, or on the internet, without permission in writing from the publishers. All possible care has been taken to identify and contact the photographers of the various images in this publication. If any omissions have been made, please contact the publishers. With a narrative by Bridget Brereton Design and Artwork: Paria Publishing Co. Ltd. Typeset in Univers and Scala Printed by The Office Authority ISBN 978-976-8255-18-1 CONTENTS Acknowledgements VII Preface IX Foreword XI The Court of Appeal 1962-2012: Historical Narrative by Bridget Brereton 1 Chapter 1: The Wooding Court and After (1962-1972) 7 Chapter 2: Consolidation and Reform (1972-1995) 20 Chapter 3: Into the New Millennium (1995 - 2008) 48 Chapter 4: The Court of Appeal at Fifty 63 Sources 76 The Chief Justices (1962-2012) 79 Hugh O. B. Wooding 80 Arthur Hugh Mc Shine 88 Clement E. G. Phillips 92 Isaac Hyatali 95 Cecil A. Kelsick 99 Clinton A. Bernard 102 Michael A. de la Bastide 107 Satnarine Sharma 113 Roger Hamel-Smith 118 Ivor Archie 122 Sources 126 The Changing Face of the Court of Appeal 129 Benches of the Court of Appeal 130 The Court of Appeal Benches 1962–2012 135 V CELEBRATING 50 YEARS Mark Lyndersay VI THE COURT OF APPEAL OF TRINIDAD AND TOBAGO 1962-2012 ACKNOWLEDGEMENTS urs was a small committee, but one of hard-working and dedicated mem- Obers. -
Trinidad and Tobago at 50
EVOLUTION of a NATION TRINIDAD and TOBAGO at FIFTY Evolution of a Nation - Text Pages v1.p651 7/12/2012, 9:56 AM Published by Hansib Publications in 2012 P.O. Box 226, Hertford, Hertfordshire, SG14 3WY United Kingdom Email: [email protected] Website: www.hansib-books.com A catalogue record for this book is available from the British Library ISBN 978-1-906190-58-3 Copyright © The Parliament of Trinidad and Tobago, 2012 All rights reserved. No part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the publisher. Printed and bound in the UK Evolution of a Nation - Text Pages v1.p652 7/12/2012, 9:56 AM CONTENTS Introduction .................................................................................... 5 About the authors ........................................................................... 9 Tobago and constitutional development in the context of the Parliamentary process ..................................... 13 Reginald Dumas From Legislative Council to House of Representatives: Promoting or hindering democracy? ........................................... 25 Dr Kirk Meighoo The effectiveness of Parliament as an organ of State in scrutinising executive action ............................ 37 Professor Rhoda Reddock From unicameralism to bicameralism: Trinbago’s constitutional advances (1831–1962) ........................ 65 Professor Brinsley Samaroo The relevance of the Senate in a modern democracy .................. 79 Dr Hamid A. Ghany The role of political parties in the development of democracy in the Republic of Trinidad and Tobago .................... 101 Professor Selwyn Ryan A Parliament for the people: Constitution reform and the role of Parliament ................................................ 111 Dr Olabisi Kuboni The role of the Head of State in a bicameral system of governance ...................................................................