THE FIGHT FOR CONSTITUTIONAL FREEDOM IN BERMUDA

This CrowdJustice funding appeal has been launched by a group of concerned Bermudians who are keen to ensure that our fellow citizens' rights are protected. 

The Bermuda Constitution Order 1968 guarantees fundamental rights, liberties and freedoms that we all are entitled to. Whilst we accept that the Constitution permits the Government to interfere with personal liberties; such interference must be reasonably necessary, reasonable justifiable, and in the public interest. 

We hold the view that the Government's existing and impending Covid-19 regulations have gone a step too far; the Government's restrictions and regulations are oppressive and trample on our constitutional rights.

Given the important public considerations at stake, the case, irrespective of its outcome, is likely to be appealed to the highest Court, the Privy Council in London.

Section 1 of Schedule 2 to the Bermuda Constitution Order 1968 states that:

'Whereas every person in Bermuda is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: 

a) life, liberty, security of the person and the protection of the law; 

b) freedom of conscience, of expression and of assembly and association; and 

c) protection for the privacy of his home and other property and from deprivation of property without compensation, 

the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 

The Nuremberg Code states:

'The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion.' 

Effective on 6 June 2021, all non-vaccinated Bermudians and tourists alike will have to spend fourteen (14) days in a government facility at their own expense. During a time when finances are scarce, the Government is essentially jailing those who do not choose to get the vaccine. What is next? Will your school children be prohibited from attending school if they are not vaccinated?

What happens to the mother who is pregnant and returning home? Will she, too, be locked in a facility and forced to pay for what is effectively jail? What happens to the school students are returning home for summer vacation who have decided not to get the vaccine? How are they to pay for

In sum, we hold the view that the regulations, particularly the ones that discriminate against the vaccinated and unvaccinated are unconstitutional. In a bid to stop the effect of the regulations, a legal challenge is being made to the Supreme Court to declare the regulations as unlawful. Any limitations imposed must be reasonably required and reasonably justified in a democratic society; unfortunately, the restrictions and regulations imposed by the Government are wholly unreasonable and unconstitutional. If a law goes too far in restricting liberty, if the law is in place for too long, or reaches too far, or if the goal of the law can be achieved by less invasive measures, then the Court has the authority to strike down the law.

We must act and we must act now; given the vast resources of the Government and the indication that they will not consider amending these regulations, there is no choice except to seek judicial relief. This case very well may end up in the Privy Council! Join the effort as we fight to protect all of our constitutional rights and freedoms.