A State of Emergency explained, in summary, by Dr. Emir Crowne, BA, LLB, LLM, LLM, PhD, LEC, Barrister & Attorney-at-Law, New City Chambers. Have a read and familiarise yourself to have a better understanding on how to treat with one.

"(a) that a Public Emergency has arisen as a result of the imminence of a State of War between Trinidad and Tobago and a Foreign State;

(b) that a Public Emergency has arisen as a result of the occurrence of any Earthquake, Hurricane, Flood, Fire, Outbreak of Pestilence or of Infectious Disease, or other Calamity whether similar to the foregoing or not, or

(c) that action has been taken, or is immediately threatened, by any person, of such a nature and on so extensive a scale, as to be likely to endanger the Public Safety or to deprive the community or any substantial portion of the community of supplies or services essential to life."

Given the grounds available to her, it is likely that Her Excellency will declare that a State of Emergency has arisen due to the "Outbreak of Pestilence or of Infectious Disease".

What Rights can be limited?

Practically all. Upon declaring that a State of Emergency exists, the President may make Regulations to deal with the situation at hand. The Regulations can even infringe upon the Rights enshrined within section 4 and 5 of the Constitution (e.g. Freedom of Speech, Freedom of Movement, etc.) but only insofar as such Constitutional Encroachments are "reasonably justifiable for the purpose of dealing with the situation that exists during that period" (ss. 7 (3)).

The institution of a Curfew is an example of a Right (i.e. Freedom of movement) that can be limited under a State of Emergency. (The Legal basis for implementing a Curfew, however, is not limited to a State of Emergency. The power to implement Curfews can be found in Health Ordinances and other sources of Law).

How long can it last?

Once the President has declared that a State of Emergency exists, the initial duration of that proclamation is 15 days, unless revoked sooner. Practically speaking, the State of Emergency can then be extended for up to 3 months by a simple Majority Vote of the House of Representatives (with the extensions themselves, in the aggregate, not exceeding 6 months).

In turn, the President's declaration that a State of Emergency exists "may be revoked at any time by a resolution supported by a simple Majority Vote of the House of Representatives" (ss. 10 (3)).

Concluding Remarks

Trinidad & Tobago is on the brink of calamity. In my respectful view, Her Excellency would be well within her powers to declare that a State of Emergency exists and to enact Regulations to deal with the mischief at the root of the impending Disaster (i.e. Restrictions on the movement of Residents, Migrants, Goods, and Services).

However, the additional Police powers that might flow from such Regulations (e.g. Random Searches and entry without a Warrant) should be carefully scrutinized as they will disproportionately affect certain Members of our Society.

In the end though, the State of Emergency is an exceptional (and necessary) measure designed to Protect and Preserve our Democracy, not undermine it.

Dr. Emir Crowne, BA, LLB, LLM, LLM, PhD, LEC
Barrister & Attorney-at-Law, New City Chambers