The Court of Appeal has upheld a ruling which found that government’s Covid-19 Public Health Regulations are constitutional.

The unanimous decision, handed down on Tuesday, affirms government’s right to continue to pass Regulations to protect the public health of the people of Trinidad and Tobago- including the continued closure of the country’s borders.

A statement from the Attorney General’s Office said: “In the decision of the Court of Appeal today in CVA S-246 of 2020 Dominic Suraj and others v The Attorney General and CVA S-248 of 2020 Satyanand Maharaj v The Attorney General, a Panel comprising Chief Justice Ivor Archie, and Justices of Appeal Dean-Armorer and Aboud, found that the Regulations are protected from constitutional challenge as they were well within the powers provided to the Executive by the Public Health Ordinance.”

Further, it said the Court of Appeal held that the Guidelines for Places of Worship were not penal legislation and were in any event sufficiently clear so as to be deemed legal, with the effect that the High Court’s decision to a contrary effect was overturned.

In arriving at its decision, the Court of Appeal rejected the Appellants’ arguments that the Regulations offended the separation of powers principle and ought to have be in brought before Parliament to be passed by a special majority.

The Court also found no merit in the argument that the GORTT ought to have declared a State of Emergency in order to enact the measures which it did under the Regulations.

Finally, the Court of Appeal stated that there are no “overriding supra-constitutional principles” which can be utilised to override the express provisions of the Constitution.

As a result of the decision, the Attorney General was awarded 75% of the State’s costs both in the Court of Appeal and the High Court.

The Appellants were represented by Senior Counsel Mr. Anand Ramlogan leading Ms. Renuka Rambhajan and Mr. Jared Jagroo, while the Attorney General was represented by Senior Counsel Mr. Reginald Armour leading Mr. Rishi Dass and Mr. Raphael Ajodhia.