UK Privy Council Upholds Regiment Conscription
The fight of Bermudians Against the Draft [BAD] has culminated today [May 24] with the British Privy Council upholding conscription.
The group of approximately 14 men started legal actions in 2006, and hoped to get mandatory military service permanently abolished.
The judgment by the Privy Council, Bermuda’s highest court of appeal, was delivered in the UK this morning.
Minister of Labour, Home Affairs and Housing Lt. Col. David Burch said “The Ministry of Labour, Home Affairs & Housing welcomes the ruling of the Privy Council and the validation of service in our Regiment.”
Attorney General Kim Wilson today said the Government of Bermuda is naturally pleased with the ruling of the Privy Council in upholding conscription in the Bermuda Regiment.
“We’ve won on all points,” the Attorney General said. “On the discrimination argument, the Privy Council held that the Appellants were stretching the language of sections 6(1)(a), (e) and (g) too far. On the argument that we did not show that we had taken all reasonable steps to recruit volunteers, they found that the Chief Justice may have gone too far in accepting the Appellants’ submission as to the extent of the duty on the Governor to see that reasonable steps had been taken to get volunteers and the evidence, scant though it was, was enough to show that he had.”
Senator Wilson said the Board also rejected the contentions on the duty of candour. “The Appellants’ next argument was that we had proceeded on a mistaken basis in law. The Board held that we had not and that the evidence showed that we had proceeded on the basis of what the Appellants claimed the law was, so we won there, too. The quota argument got short shrift on the basis that establishing a quota would have done nothing to help fill the ranks, even if it existed.”
Senator Wilson pointed out that the invalid notice argument was rejected because the Carltona principle applied – the Administrator of the Defence Department was clearly the alter ego of the Deputy Governor. “We should, of course, get our costs,” the AG concluded.
Read More About
Comments (7)
Trackback URL | Comments RSS Feed
Articles that link to this one:
- Jamel Hardtman Arrested By Regimental Police | Bernews.com | July 6, 2010
- Premier Cox: ‘Move Away From Conscription’ | Bernews.com | October 17, 2012
- Opposition Tables Abolition Of Conscription Act | Bernews.com | November 8, 2013
As well it should be, lazy selfish idlers be prepared to serve your country rather than just yourselves for once. Conscription is an excellent punishment for being under 20.
Ignorant…You can be called up until the age of 32 or 34 I believe. You really believe that all those under 20 are lazy, slefish idlers?
Conscription doesn’t pick those with crimminal records or those without jobs..
Food for thought
This is an interesting development. I strongly agree with this decision. This also the perfect opportunity to instill a sense of national pride and dedication to the development of our country in our young men.
Common sense has prevailed! Maybe the losers will now realize that they are no better than any other Bermudian male, and comply with the law of the land. Their elitist sense of entitlement is absurd.