On 4 February 2020, the Attorney General introduced the Interception of Communications (Amendment) Bill, 2020 (the ‘Bill’) in the Senate. The Bill has noble intentions, but as we all know the road to hell is paved with such intentions. The Bill seeks to amend the Interception of Communications Act by …
Read More »The Sedition Ruling: Dr Crowne offers in-depth analysis on High Court decision
On Monday Justice Frank Seepersad declared sections 3 and 4 of the Sedition Act null and void (Vijay Maharaj and Central Broadcasting Services Limited v Attorney General of Trinidad and Tobago, CV2019-02271—the ‘Sat Maharaj’ decision). The AG has since indicated that the state will appeal the decision. In this article, …
Read More »How to lose a doping case in three easy steps: grappling with WADA
Doping cases have dominated the sporting headlines in the region as of late. It is a highly specialised and often misunderstood area of law that appeals to not only lawyers and law students, but the public at large. In this article, I set out the three sure-fire ways to lose …
Read More »Crowne: Archie’s Kobayashi Maru; why Chief Justice should resign
Should the Chief Justice Resign? Yes, but not for the reasons you think. To date I have opposed the referral of the Law Association of Trinidad and Tobago’s (LATT’s) report to the Prime Minister and I have also supported the Prime Minister’s decision to not refer that report to President. …
Read More »Did the Prime Minister act fairly? Crowne explains why he backs Rowley on Archie issue
“The Prime Minister’s decision to refer, or not refer, allegations to the President—who in turn is constitutionally charged with appointing a tribunal to formally investigate such allegations—is itself an intrusion into judicial independence and the usual separation of powers. “To then have a Court review the Prime Minister’s exercise of …
Read More »Dear Editor: Warning on President’s Image is unconstitutional and threat to freedom of expression
“For the President to issue a Policy that restricts livestreaming, broadcasting and publication of her name and image without permission is a direct threat to freedom of expression and freedom of the press. Unlike those constitutionally entrenched rights, there is no constitutional protection for the President’s name and image.” The …
Read More »Crowne: Copyright and the Privy Council; why AG’s wrong on Petrotrin complaint
The Privy Council decision in Maharaj v Petroleum Company of Trinidad and Tobago Ltd, [2019] UKPC 21 (20 May 2019) has shone a Guaracara-esque spotlight onto Petrotrin’s decision to abandon its $97 million USD claim against Malcolm Jones. According to the Court, based on the evidence available to them, ‘there …
Read More »Crowne: Mas Confusion; videos or photos for personal use do not infringe copyright laws
Works of mas have come into the spotlight recently. In particular, the right to photograph, record or broadcast such works during Carnival. The Trinidad and Tobago Copyright Organisation (TTCO)—the collective management organisation (CMO) that claims responsibility for administering the copyright in ‘works of mas’—has suggested that photography, videography and/or broadcasting …
Read More »Crowne: ‘Naïve, outdated and self-serving!’ Taking aim at ban on advertising legal services
“The prohibition of advertising serves only to restrict the information that flows to consumers… Advertising is the traditional mechanism in a free market economy for a supplier to inform a potential purchaser of the availability and terms of exchange. “[…] In the absence of advertising, an attorney must rely on …
Read More »Crowne: TSTT is subject to FOI Laws; public can access information subject to exceptions
On 4 December 4 2018 the High Court held that TSTT was a ‘public authority’ under the Freedom of Information Act (the ‘Act’) and therefore subject to the Act’s access and disclosure provisions. Members of the public now have a general right to access TSTT’s official documents, with certain exceptions. …
Read More »Crowne: AG Al-Rawi curiously wrong in characterising ‘doxing Devant’
“Doxing, according to the AG, ‘is when you go out of your way to crash a system using certain truths’ which is ‘akin to a cybercrime’. With the greatest of respect, this is untrue. This is not what doxing is. “[…] In fact both the Interim Report and Report of …
Read More »Crowne: Archie, the Privy Council, the Law Association and the way forward…
“On 11 December, a Special General Meeting has been convened to […] ‘consider the report of the Committee established to look into the allegations made against the Honourable Chief Justice and to direct Council as to the next steps, if any, which should be taken’—including a possible referral to the …
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