Public protests legal but …

Letang said by law a public protest is legal after permission is granted
Letang said by law a public protest is legal after permission is granted

An attorney in Dominica has explained that public protests, demonstrations and processions are legal in Dominica but only after permission has been granted by the proper authorities before they are staged.

Quoting from the Public Order Act of 1897, Geoffrey Letang, said at a discussion, hosted by the Dominica Bar Association at the University of the West Indies (UWI) Open Campus center site on Elmshall Road on Monday night, that, by law, permission for a public protest must be sought at least three days before it is held.

“The Public Order Act, which is approved by the Constitution, says it shall be unlawful for any public procession or any demonstration or any protest to take place unless the same is permitted in respect of this Act,” Letang explained.

He quoted Section 4 of the Act which states that: ‘where any persons desires to obtain any public procession, demonstration, protest or march, he or she shall at least three days before the intended public procession, make an application to the Commissioner of Police for a permit.’

“The Act says you must do so three days before the intended procession,” he explained. “The Act also says the Commissioner of Police, who is the Chief of Police Mr. Daniel Carbon, he can refuse it. The Act also says if the Commissioner refuses, he shall refer it to the minister responsible.”

Letang pointed out that the Act also makes provision for protest action.

“It makes provision for demonstration but in order that it be effected, in order that one demonstrate, you must get permission,” he stressed adding that under the Act, those who refuse to follow the law and disperse during a public demonstration are liable to be imprisoned for up to five years.

“The other aspect is that, and being required or commanded by any magistrate or by any Justice of the Peace or the senior police officer in the area by proclamation to be made to the name of the President to disperse themselves peacefully, to depart to their homes or to their lawful business, shall to the number of 12 or more, notwithstanding the proclamation be made, unlawfully assembly,” he said in reading the Act.

The Attorney continued, “Now the Act also provides, if after the proclamation is made, that you remain there one hour or more after the request has been given, then all persons so remaining or containing together to the number of 12 or more after the request or command was made by the proclamation, is liable to imprisonment for five years.”

Meanwhile Attorney at law, Danielle Edwards, is of the view that the legal profession should provide protection for those who protest peacefully and the “restrictions or limitations on peaceful protests are justifiable where disorder arises out of violence and it cannot be stopped by less severe measures.”

“Ultimately the state’s authorities, through the governments, have the judgement on the need for a particular restriction, however my submission is that the power given to states should conform to international standards,” she stated. “And thirdly the right to freedom of assembly must include the right to protection against counter demonstration.”

She explained that this means that “people should not only have the right in legislation to go out and protest but they should also feel comfortable doing so and it is only if the state also facilitates the protection of their rights that they would exercise the rights to protest.”

Edward added that it can only be exercised with a sense of security by those groups wishing to demonstrate for or against highly controversial issues.

“So the legal system should adequately provide for protection of the right to peaceful protest,” she argued. “The law also recognizes an unauthorized protest … the concept of an unauthorized protest is a protest that does not comply with procedural requirements in law such as prior notification or in the case of Dominica, the requirement for a permit by the relevant authorities prescribed by legislation.”

The discussion was held to launch the Dominica Bar Association’s radio show, ‘Legally Speaking,’ to be aired on state-owned DBS Radio.

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97 Comments

  1. John Paul
    July 23, 2015

    What that Lawyer is saying that Charles “Ayatollah” Savarin the Man who is now the sitting President broke the law?
    Does anyone know if Charles Savarin got permission for all the Demonstrations that He led in collaboration with the Freedom Party?
    These Demonstrations led to our first President having to flee and live in exile.It saw a Prime Minister stoned out of office and after the interim Government was put in place and the Party won by a landslide it appears He was rewarded by being sent to Brussels as a Diplomat.Now He is the sitting President having being selected from the Cabinet of Skeritt..
    do as I say but not as I do .
    What is good for the goose is not necessarily good for the gander.
    How about “Example set example followed?”
    and finally “Whatever You sow ,so shall Ye reap”

  2. JoJo
    July 22, 2015

    The Tianamen Square protests in Bejing in 1989 were illegal and were harshly suppressed, leading to the Tianamen Square Massacre because the authorities, the Communist Party of China did not tolerate any criticism to its rule. To this day the Chinese government even prohibits public discussion about this event. You want us to become like that? Enough said.

  3. Jonathan st jean
    July 22, 2015

    I’m glad that we now know what is in this slave era law, and so we can work to reform it to suit a modern era liberal democracy.My concern is that the law as it is,is not being applied fairly.When it is a labour voting constituency,like Carib territory and Calibishie,where was the law?It is clear that the government and weak police chief are being biased in applying the law.
    In the US,lots of demonstrations,like black lives matter,are spontaneous,and once there is no violence the police don’t bear down on them with war like mentality.Dominicans continue to demonstrate for your just causes just llike the Salisbuy folk deed.Martin Lither King went to jail for protesting peacefully.One man’s freedom fighter is another man’s terrorist. Skerritt will never change the law because he can use it as it is to victimize his opponents.What we need in Dominica is democratic governance i.e each for all.We are all taxpayers so the government needs to address the needs of all constituents.

  4. B VIDAL
    July 22, 2015

    only GOD KNOWS when we will getout of that wiked sistem we just have to pray

    • FAST N FURIOUS
      July 22, 2015

      Go back to school and learn to spell, idiot.

  5. Papa Dom
    July 22, 2015

    I am sorry mr Letang but you understanding of what the constitution says and this act is totally incorrect. The constitution is the supreme law of the land and any act, especially those passed before independence are unconstititional if they don’t comply with the provisions of the constitution. Unlike Britain where it is difficult to classify a law as unconstitional because Britain does not have a formal constitution, Dominica does have a constitution. Therefore no law can oust the authority of the constitution. Furthermore there is another act which says differently to this 19th century act.

    • anonymous2
      July 22, 2015

      Although Britain doesn’t have a ‘written constitution,’ it wrote one up for DA when it had its’ occupation there.. Britain decided to pick up and get out of the islands because they were not that profitable. They didn’t really give independence to the islands. The islanders just think that Britain gave them independence.

      • Tjebe fort
        July 22, 2015

        I know one thing about that and we have to be honest. It was our own who wrote up that constitution for our independence. We must not make the mistake of thinking that what we like to hear is always correct. We get into trouble if we do that.

  6. Memory
    July 21, 2015

    Sorry, should have been written.”who are we going”.

  7. Memory
    July 21, 2015

    Who are going to ask permission from, Is it the very regime that we are protesting against? Mr attorney haven’t you heard of civil disobedience? You sure have so don’t try to play us.
    And why should we follow a law that goes way back to the 1800’s when we have come a long way to independence more than a hundred years later. A law which was put in place by the white man after slavery.We have the right to civil disobedience as long as there is no violence, and the police have to protect us against any opposition to the protest by law.

  8. RastarMarn
    July 21, 2015

    Here is a definition I thought you’d like from Bouvier’s Law Dictionary.

    PROTEST

    PROTEST, contracts. A notarial act, made for want of payment of a promissory note, or for want of acceptance or payment of a bill of exchange, by a notary public, in which it is declared that all parties to such instruments will be held responsible to the holder for all damages, exchanges, reexchanges, &c. 2. There are two kinds of protest, namely, protest for non-acceptance, and protest for non-payment. When a protest is made and notice of the non- payment or non-acceptance given to the parties in proper time, they will be held responsible. 3 Kent, Com. 63; Chit. on Bills, 278; 3 Pardes. n. 418 to 441; Merl. Repert. h.t.; COID. Dig. Merchant, F 8, 9, 10; Bac. Ab. Merchant, &c. M 7. 3. There is also a species of protest, common in England, which is called protest for better security. It may be made when a merchant who has accepted a bill becomes insolvent, or is publicly reported to have failed in…

    • Tjebe fort
      July 22, 2015

      I’m glad to see you are smart bro but what has all that got to do with the protest action in Salisbury hmm? I don’t have that Bouvier law book. Perhaps you will be kind enou8gh to find if it covers things like the protest in Salisbury and tell us thank you.

  9. The Real Facts - ON
    July 21, 2015

    This Act of 1897 should have been revamped to read 2015. Why even mention 1897? It is ridiculous to mention it. This is a one hundred and eighteen year old Act. You cannot operate with such an old act which, in reality does not reflect demonstrations. This means the people do not know their right to demonstrate and what is expected of them.
    Times have changed. Dominica needs an updated Act to reflect the occurrences of today in this era. Then, if the world continues every 10 to 20 years or so, those Acts should be revisited and revamped.

    • July 22, 2015

      The Real Facts – ON

      I wonder if you read the Bible, believe in the Bible and most importantly – can you tell us when the Bible was written? We live or should be living by the words in the Bible, isn’t that so?

      • Titiwi
        July 22, 2015

        Touche (pronounced touchay) Thomas, I like that! We can also ask Facts when the Magna Carta or the U.S. Declaration of Independence was written. Supercilious woman!

  10. Sad
    July 21, 2015

    This is sad that he is quoting a document that existed when slavery had recently been abolsihed and there were indentured servitude in Dominica. I say protest the hell out of Dominica and teach these fools a lesson

    • Malgraysa
      July 22, 2015

      The least we can do is to have cognizance of the facts before making statements that are purported to be factual. The act of 1897 is dated 64 years after the abolition of slavery in Dominica (Slavery Abolition Act 1833) and 89 years after Gt. Britain outlawed the slave trade in 1808 (with the passing of the Slave Trade Act of 1807). In any case, it is not necessarily the case that the age of a piece of legislation renders it obsolete.
      Having said that, I am in sympathy with the people of Salisbury for standing up for their rights

  11. the bushmaninda
    July 21, 2015

    Why should the police give permission. In the Dominican context, it would seem that protest action is a is a privilege, a privilege to be handed out by the state and not a right underpinned by the Constitution .

    Does anyone think this law should be changed.

  12. RastarMarn
    July 21, 2015

    One who hides their eyes when talking straight talk with others says a lot about their character and honesty in their message,,,

  13. Malgraysa
    July 21, 2015

    One can legislate against anything, rendering the breaking of laws passed by such legislation an illegal act. That much is clear. But there is also such a thing as natural justice, which too often is cast aside because it is much more difficult to argue than a narrow piece, of legislation. Mr. Letang is right, the storming of the Bastille in Paris in 1789 was illegal, as was the 1965 voting registration demonstration in Telma , Alabama and the anti-apartheid demonstrations at Columbia University in 1985. Yes, laws were broken but I challenge mr. Letang to argue that the law breakers in these cases should have been punished for doing so, in pursuit of their right to protest, assemble and freedom of expression. A mighty dilemma my learned friend and I gladly leave it to you to be the judge!

  14. Uncessfull
    July 21, 2015

    Please, please rewrite the constitution of Dominica to suit the UWPites. Mo the clowns who held the social gathering at the UN had to obtain their permit or they would be ask to disperse or be sent to Rockers Island. Tell the Rioters and barriers, they cannot impede traffic, nor hold people against their will. They and their party intentionally sought to disrupt the elected government. What is your next trick, remember you said you were going to Mari got and Wesley or are you going to beg for money to buy water as you did during the successful coup.

    r will

  15. Historianne
    July 21, 2015

    Did ayatollah get permission to knock PJ out?

  16. so true
    July 21, 2015

    So the French workers who are on strikehave blocked the channel tunnel between France and England by burning tyres! They must have got permission to do so right???????

    • linton wants to b pm
      July 22, 2015

      what happened to the protesters? u 4 get that part? some were arrested , jailed and charged. Give all the facts b4 making comparison

  17. so true
    July 21, 2015

    So the French have blocked the channel tunnel between France and England! They must have got permission to do so right???????

  18. Kid On The Block
    July 21, 2015

    But it’s written in Black and White since 1897. Dem anti Skerrit and anti Government commenting is like the DLP that crafted the law. So all of you who think if YOU TOUCH ONE YOU TOUCH ALL refresh your mind.

    • Tjebe fort
      July 22, 2015

      Kid on the block educate yourself bro. The Jim Crow segregation laws in the U.S.A. were written in black and white and valid till 1965. Should Rosa Parks have obeyed and gone to the back of the bus, her legal place according to the law? She was a hero for disobeying that law and freeing all of us up. May God rest her soul.

  19. 19794eva
    July 21, 2015

    since 1897?????????????????? and no revisions?????????????????????????????????????????????????????????????? alas….alas

  20. Doc. Love
    July 21, 2015

    I never knew that public processions and demonstrations were illegal without the police permission. Is it with the exception of funerals and Corpus Christi celebrations. I wondered if when the Christian brothers who organized a procession to go around the Government headquarters nine times, had done that illegally, and if so, why weren’t they arrested. I also would like to know whether demonstrations in Dominica, which triggered the koul wealsh brigade, of Tony’s fame, became law after Patrick was unceremoniously toppled.

  21. Shaka zulu
    July 21, 2015

    Apparently is the first time there was protest in Dominica. Rosie Douglas and Reginald Austrie blocked roads in Canfield and caulihaut. Buggery is also illegal in Dominica. It is on the books. When was the last time any one was arrested for buggery. Is it because it is not happening or simply not enforced. This is politically motivated and discriminate use of the law to arrest non supporting constituents. Policemen are not supposed to be involved in electioneering, yet some of them flying flags and campaign openly. They are given promotion even if they do not know their butt from their face. All of a sudden we know what the law is. That is a corrupted application of justice. Policemen committed murder in possi. Even the commissioner said so. Where was the law. Enforcement of the law cannot be selective. I am afraid we are plunging deeper and further apart. This place is sick and need fixing.

    • Shaka zulu
      July 21, 2015

      Furthermore we are in 2015 and this lawyer have the guts to quote a law of 1897. How many slaves were still alive. How many black people could vote then. This law was created to control freed black people. Why should I need permission to protest against injustice. If permission is not granted then I cannot protest and if I do I am arrested for breaking the law. This is likely the reason it has not been enforced in the first place. Previous governments may have seen it as a remnant of slavery. Not this present government. It speaks to the level of Representatives and lawyers we have who don’t have the capacity to adjust laws to free its people. Slavery done but the mentality still exist.

    • Tjebe fort
      July 22, 2015

      You have a point there brother. Has anybody ever been taken to court for pissing in public in Roseau, for drink-driving? Was anybody taken to court for inconveniencing and giving expense to travelers when they closed Melville Hall airport for the visit of Hugo Chavez and for them to miss their flights?
      Did the labour party legally block our main street in Roseau for a week to stage their election concert? Did the police chief give them permission for that?

  22. July 21, 2015

    When the gov’t is reponsible for what ever mis-understanding in the country ,in as much as they rule like dictators they will never give permission to the people who suffers every day to build the country…as a matter of fact if the gov’t was concerned about the problem in dominica they would call on the public ,keep a meeting in order to solve the problem,,dominica in progressing from bad to worse.roseau sometimes look like sundays…

  23. CLARITY
    July 21, 2015

    Seem Letang must explain how the man who did opposite to his elegant summation of law in the 70,s is now PRESIDENT of this nation despite his universal unpopularity and was made so by a single vote of the PM who when he speaks his cabinet must follow .
    LETANG MUST EDUCATE US that when you do like Charlo the Dominican AYATOLLAH of the 70,s you can break that law and become PRESIDENT
    The Ayatollah did advocate that a legal strike is one which one wins !
    A precedent is in law the new law!

  24. July 21, 2015

    Protesting is simply an exercise of freedom of speech. And in a free society, so long as you are not infringing on the rights of others you may speak out as you see fit, whether alone or with as many people as who care to join you. This legislation about asking the government for permission to protest it is illiberal nonsense, a colonial relic that should be disregarded by any people who would call themselves free.

    • 19794eva
      July 21, 2015

      amen stevo…..welcome to the fight!!! teehee

    • give it up
      July 21, 2015

      Base on your post my question to you is: why did the organizers of the protest at the UN seek permission to protest? They can seek permission in the USA but in Dominica they don’t have to…..

    • ?
      July 21, 2015

      Well go and try it to see!
      because it doesn’t suit all you, its not good. huh?

    • Malgraysa
      July 22, 2015

      Mr. Foerster, I appreciate your comments but to portray the Act of 1897 merely as a colonial legislation, designed to suppress people in the colonies is not correct. Gt. Britain is not a colony, nor does it apply colonial rules to its citizens.True, our act was passed when they were in charge of Dominica but it is based on similar legislation in place in their own country to this day, the latest update of which I believe is the :Public Order Act of 1986. Crucially, it deals with processions, and imposes restrictions, very much like outlined by Mr. Letang. One may pose the question whether or not the events at Salisbury can be deemed a “planned procession” and therefore prior permission was required under the act?

      • Ba Yo Bwa
        July 22, 2015

        Yours is the type of comment that enlightens. Thanks for sharing. Too often, persons come on here and spew stuff that they know not to be the case and/or out of naked bias. You said it all.

  25. TRUTH , No lie
    July 21, 2015

    If the power is in the people , and not the people in power ,
    Then,the customer is always right,,
    Without the people ,the constitution is of no value
    The people empowers the constitution ,and the constitution protects the people
    How can you ask a thief permission to arrest him ?or tell him that at 12 am ,you are coming to his home to arrest him?,
    Well , If no law , no constitution cant stop one man ,as skeritt said, Then much less for the thousands it is about to be challenged with,
    I say ,When it comes for survival”’ and justice;;;; To hell with constitution

  26. Heroines
    July 21, 2015

    Some people are so silly. The only reason you need permission to protest is to give people who do not want to be caught in the protest a means to find alternative routes. It is also to ensure that a designated routes for the protests are provided in order to avoid economic disruption. For example, I can control my actions but who’s to say that a protest I organise won’t attract idiots that end up burning down people’s homes? You have people who are just naturally attracted to anti social behaviour. There’s a difference between making a point and being malicious. That’s what Dominicans do not get. Ie, I support the people of Salisbury. Full 100! But blocking the main road and avoiding kids making classes was inconsiderate. It could’ve started after kids were at school and ended when school ended. That’s the reason for seeking approval

    • Independent Thinker
      July 21, 2015

      @Heroines. . .In what democracy do you hear of people seeking permission to protest? And in what protest do you hear of no one being inconvenienced? Do you even understand what a protest is or what the intent of a protest is? If a protest does not inconvenience anyone, it is pointless. You speak of the children being unable to attend classes? That was just for one day! What about the Farmers who have been unable to access their farms for years! Do you not care about them? Day versus years! Get it? Please think objectively and don’t be so narrow-minded!

      • Heriones
        July 23, 2015

        Actually, in every democracy. Check your facts. You have Google, I suggest you use it? You think any protest can happen in the UK, US, France without notification? If that was the case, why are the police always prepared for the protest? Don’t be silly. In fact, the nationwide protest/ riots that happened in England some years ago saw images being projected off buildings, bus stops and TV of participants who were in fact arrested, fined and some jailed. Just to name an incident

    • forreal
      July 21, 2015

      to block a highway in the US is a federal charge,it’s called disrupting commerce,i do not no for dominica

      • Francisco Telemaque
        July 22, 2015

        Where do you get that crap from?

        You are just another one of the idiots out of Dominica “proudly wearing your badge of honor on your forehead” (The late Prime Minister Pirie Charles).

        If I had my way, I would get a some barbwire, and tie you and people like Facts, Elizabeth, and others facing each other and allow you to talk in each other faces, so that you can hear how stupid your arguments are!

    • Loud Voice
      July 21, 2015

      Thank you for your logical comment

    • The Real Facts - ON
      July 21, 2015

      It was not only the kids – students who were inconvenienced. The traffic was disrupted. Workers and those who had various appointments were obstructed.
      The manner in which I view it, it is absolutely necessary to obtain permission for a demonstration/protest. Permission should be granted with a few conditions that it is peaceful, there be no violence and none should be wearing masks and do not obstruct traffic as nationals go about their business.
      Police presence should always be evident at those protests. This is to maintain order and in the event of a disturbance. This is another reason but a primary one why it is mandatory that permission for protests should be sought.

  27. Gordon
    July 21, 2015

    A lot of Dominicans are smart enough, they knew so. But sadly they were classified as “fools” by some Dominicans who had different views and agendas. The “overseas protesters” “hypocritically” sought permission to protest, and also adhered to other rules which the “local protesters” failed to adhere to. This “whole thing” was an attempt to create instability in our country for some selfish and political gain.

    • real possie
      July 21, 2015

      Gordon I wish I could give you a thousand thumbs up, while DNO nave my post in MORDAEATION, SMH.

    • Independent Thinker
      July 21, 2015

      Gordon deserves a thousand thumbs down! Are you serious? The “overseas protestors” were not protesting any ills happening where they reside. For that they would need no permission! They were protesting the ills taking place in Dominica so, of course, they had to seek permission. There is a difference! Tell me one PROTEST by Americans or Canadians who were protesting ills in their respective countries, for which they needed to get permission. Educate yourself, Gordon!

    • July 21, 2015

      Gordon you have my thumbs up #35 on that one.

      I live in Toronto, but you are definitely correct; those kinds of strife, disdain, and discord, are disgustingly fueled by Dominicans who live overseas–they say that they don’t live in Dominica so they will escape the difficulties which follows their fueled mischief. I personally read this from one of them–an individual who will not stop calling the tragic demise of our Dominica and her people at home.

      It is unfortunate that our locals are not taking heed or do not understand the truth, which you have spoken above–as they so easily fall for the disgusting and influencing motives of those who will not suffer the pain; as they stay in hiding at their sanctuary of darkness.

      • Francisco Telemaque
        July 22, 2015

        “fueled by Dominicans who live overseas”(Elizabeth).

        Elizabeth, no one expected less from you; in that case they are also fueled by you who are in North York Toronto! If there is any one or anything fueling the youths in Dominica, is their own foolish ambitions.

        They watch a lot of American Television, and to an extent what they see in the movies too, they believe that what they see on Television is real life in America, when in fact it is not! They see violence, hence they practice violence in Dominica, not realizing what they saw on TV, is simply drama, a play based most of the time on the figment of ones imagination.

        Some of them came out here and are living in jail, all because they think they can live the life they see on Television. Do not blame people in the Diaspora for the foolishness that goes on in Dominica.

  28. Thorbjørn Jagland
    July 21, 2015

    De Govt full of rights and de people have no rights, de Govt can make decisions on your behalf and u have no say, de Govt can raise taxes and u have no say, de Govt can give permission for de people to protest, de Govt can examine all your books, de Govt can prevent you from travel, de Govt can bear arms de people need permission, Dominica is a communists country. :mrgreen:

    • Not a herd follower
      July 21, 2015

      You have a point there, and it is that the government has all the powers to affect lives but what about the people? What rights do they have when the government becomes tyrannical?

    • The Real Facts - ON
      July 21, 2015

      If you feel that way, likewise all those who reside in other democratic countries. However, I disagree with you. Every country has a government. Should the people be asked for the government to do what you have stated? if so, then the people might as well govern themselves. What chaos and disarray would ensue. This would be a big mess and an unsafe one where nationals would have no security. It would be every man, woman and child to himself. I would not endorse your words and method.

      • Ambra Battilana
        July 22, 2015

        You talk about Govt providing security for the people, but what rights do people have againsts tyrannical Govts like Mao Te Sung, Adolph Hitler, or Kim Jung-Il, u propose asking Kim permission to protest, :lol: :lol: :lol:
        If people don’t take a stand against tyrannical Govt they will never be free.
        Only communists countries deny people rights of freedom.

      • @The Real Facts – ON July 21, 2015

        I say amen to that one! Again I say amen.

        We have to overpower those mischievous people who are influencing our young and ignorant people to cause Menem in their own homeland for all sorts of selfish reasons–while they are hiding in a dark room of someone else’s homeland.

        Just ignore the thumbs rating–and speak your mind as God is guiding you to do so; He will cause the message to get through to those whom He has chosen to receive.

  29. CRO CRO
    July 21, 2015

    wats the big deal about protest? we protest to put our rulers in line, illegal/legal no difference as long as they get the message, layout protest bout asphalt, grand bay protest to keep dr darroux, thibaud protest for their playing field, bense protest for their water,
    SCRUNTER CALYPSO;
    26 OF APRIL 1994,
    DOMINICANS COULD NOT TAKE IT NO MORE
    WE DEMONSTRATED TO VOICE THE CRY OF THE POOR
    remember when the late rosie douglas led the bus strike?

    • Loud Voice
      July 21, 2015

      You are an idiot, that’s what wrong with protest.

    • The Real Facts - ON
      July 21, 2015

      It would be a good thing if God would put all disobedient and disrespectful people in line. Some of those protests may not be authentic. Some people demonstrate for political reasons based on their emotions, as influenced and coerced.

  30. Michael
    July 21, 2015

    That law ought to be changed! We are no longer a colony of slaves ruled by a foreign power. The Act, as it is, can be used by the State to stifle dissent expressed in street protests and even a meek procession

    • Loud Voice
      July 21, 2015

      99% of civilized countries have the same laws. If this law wasn’t there, people would be protesting everyday and would cause the economy to be in shambles, I’m sure as a true loving Dominica that’s not what you want. Our currency would be worth nothing, no foreign visitors etc. obviously there is a reason this law is there.

  31. anonymous2
    July 21, 2015

    If that’s the case, then there is no freedom to openly protest. Any time you have to “ask permission” from the govt. you are not free. So much for a bill of rights in the British document which serves as DA’s constitution. It needs to be re-written.

    • Ba Yo Bwa
      July 21, 2015

      While you’re at your wild side, drive on whichever side when on our roads. Don’t drive on the left as the law, custom and tradition requires. Make it (the rules) up as you go along; and then say you are free and unfettered by British law.

      Read some and do so deeply. Smarty. God help this country!

      • anonymous2
        July 21, 2015

        The natives already do that and there are laws….but they aren’t enforced. So what is the difference. The problem is that people who would drive that way are purely selfish, inconsiderate, poor excuses for human beings. People have to assume responsibility for their own behavior and think before they act.

      • @anonymous2 July 21, 2015

        So how was blocking the major highway on the first weekday of the week, for self-satisfaction, different from the sentiment you have spoken above!

      • Titiwi
        July 22, 2015

        But our leaders set the example! Proclaim that the law does not apply to you, not even the constitution and if perchance you get caught get your smart lawyer to obtain a judicial review that will never see the light of day.
        It is very regrettable we have that state of affairs and under the circumstances I do not see any bona fide investor wanting to risk their money in our country. Result, no jobs and an economy that is shriveling close to being dead.

  32. Francisco Telemaque
    July 21, 2015

    Letang, the law is written and should be complied with, nevertheless, be honest, and with all honesty, do you really believe that any of Skerrit’s puppets in the Government, or the police department would issue a permit to any group, or individuals to demonstrate against Skerrit?

    Man don’t you remember a so called police officer beat an old man in the Streets of Roseau, because he claimed the man was cursing Skerrit!

    You need to note that Skerrit was not on the scene, the beaten man might only be doing as we all do which is critiquing Skerrit, if he got his head almost knocked off with a foreign object by a police for simply venting, what make you believe the authorities would issue a permit?

    Letang, you as a lawyer may not condone such actions, but there comes a time when it is appropriate for civil disobedience, and that was the appropriate time!

    A late President of the United States once said, an uprising is good once in a while in a democracy.

    • The Real Facts - ON
      July 21, 2015

      If you knew what is contained in Holy Scripture, you would know that you are to obey authorities.
      Let us assume authorities are wrong. We are still obligated to obey. We have no right, no freedom to initiate and carry out civil disobedience and disturbance.
      I will further inform you, read the writings of St. Paul, as inspired by the Holy Spirit. If you want to be on the right hand side of God, “obey your leaders”.
      God is the one who will judge you including the leaders. Therefore, live obediently, respectfully and peacefully. This is the bottom line, the be all and end all of it all. This is what God expects of each and everyone of us wherever we reside.

      • July 21, 2015

        @The Real Facts – ON July 21, 2015

        You have spoken the same things which I said in my posts below–only that, yours is like point form; Holy Spirit causes me to elaborate, as I write by His guidance.

        For example you mentioned Paul’s teachings, but I needed to send the reader straight to the Scripture. Nonetheless, Jesus has said: “Where two or three are gathered in My name I am in their midst”–He give us the Job which He wants us to do.

      • Francisco Telemaque
        July 22, 2015

        Facts, I know the scriptures much better than you, and so I will remind you that Shadrach, Meshach, and Abednego was under the authority, of Nebuchadnezzar the king who made an idol of gold and ordered the three to worship and pray to his idol; they refused!

        What happened next, they were put into a fiery furnace to burn. You can read the complete account in Daniel 8:3 until you get chapter four. Anyway they refused to obey the law of an authority, without fear of death, even when the king ordered the furnace to be made the hottest, they still refuse to worship the idol.

        If they subject themselves to Nebuchadnezzar authority, and not the authority of God they would have lost out on the Kingdom of God. As the late president Jefferson said an uprising by the people sometimes is good for democracy. It is not a direct quote, but you can research it. People are only suppose to obey a law when it is in the interest, and good for all. If the law is to hold people in bondage, by all…

      • Francisco Telemaque
        July 22, 2015

        No need to tell you while the fire was burning, around the three Jews, the wicked King looked into the furnace to see if the three was consumed by the fire, rather than seeing three people, he saw four!

        The forth was Jesus Christ himself! The laws in Dominica are not in the interest of the people, the laws are oppressive, and work to benefit the elites. Where in the world people are know to have committed crimes, and when the evidence is presented, a court simply ignore’s it, and the criminal goes home laughing at the victim.

        Gong Emanuel case is an example, the murder of my niece, and nephew are two examples!

    • July 21, 2015

      @Francisco Telemaque July 21, 2015 “Letang, you as a lawyer may not condone such actions, but there comes a time when it is appropriate for civil disobedience, and that was the appropriate time!”

      You are so full of yourself you do not even notice your own “contradiction” And so I have a few questions, not that I need answers

      If a protest was by the means of “civil disobedience”–as you said it–then authorities have the right to punish those who disobeyed the law; don’t you think so? Yes; that is their responsibility to keep order in the land.

      So why “disobey” and cry against punishment like small children, who do not know why they are being punished? Doesn’t that reaction means that the minds of too many of us, Dominicans are quite immature?

      And since you have “acknowledged” that the protest which took place in Salisbury was an act of “Civil Disobedience” regardless of the reason, read below and you will see why this behavior cannot go unpunished.

      • July 21, 2015

        Romans 13: 1-2: “Let every soul be subject to the governing authorities. For there is no authority except from God, and the authorities that exist are appointed by God. Therefore whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves.

        Dominica is a Christian Nation (part of God’s Church through Jesus Christ) and as God’s Church we are called to maintain the Christian attitude and conducts–based on Love–including those in authority; otherwise we are existing outside of God’s Monopoly.

        Therefore Paul advised us at Roman’s 13: 7 “Render to all their due: taxes to whom taxes are due, customs to whom customs, fear to whom fear, honor to whom honor, obedience for sure”

        As Christians it is not our place to say that the authority is doing it, so why not us–two wrongs don.t make a right, and God is still the “Primary Authority”; He will deal with all parties according to their thoughts, word, and action

      • July 21, 2015

        And even when “Civil Disobedience” is justified according to God’s Law, the disobedient person will still be punished by “Human Authority” that was the reason Jesus warned us that we would suffer for His sake, but that kind of suffering is good for us. For the Word of God must be fulfilled as in Romans chapter 13.

        In Acts Chapter 3, 4, 5, we read that Peter and John–what about Paul– suffered much punishment from the Jewish Hierarchy for their mentioning of Jesus’ Name in their teachings to the people. They continued their teachings with Jesus’ Name in it anyway–but even the prison cell and its gaurds would not stop them–because they were doing God’s work, which cannot be stopped by man.

        My point? If God allows public punishment to those who have obeyed His Laws by disobeying the Laws of the natural authority–how much more so when people have willfully disobeyed both laws? I rest my case!

      • Francisco Telemaque
        July 22, 2015

        Point out verbatim Elizabeth the words I used to contradict my argument!

        I told you a very long time ago, no matter what you say about me you cannot defeat me, you have fought, and lost the battle and the war! I know you taught school at age twelve, but I need to remind you that I am college, and university educated, which you are not oui!

        Hahahahahahahahahahahahahahahahahahahaha!

        You still have the opportunity to attend college and university in Canada. Or, you can go back to Dominica, to Peters, and Skerrit State college where you can earn your Ph.D.

        It ain’t no good outside of Dominica anyway!

      • Francisco Telemaque
        July 22, 2015

        Some people who does not know the word of God may believe you, but to people like me who reads the Bible will overlook your theory.

        Yes, the Bible speaks about authority, nevertheless, authority bestowed on someone in the church. Remember the Bible was not written to people in the world who has not accepted Jesus as Lord and Savior:

        Hitler had governmental authority, how many millions of Jews he murdered, with Gas, and burning them alive? Saddam in Iraq had authority, he would sit in conference and say something, then he would tell his audience (military officers) if anyone disagree with his program feel free to say they disagree. Any one of officers who disagree; Saddam would pull his gun and shoot him where he stood!

        Do you Elizabeth suppose that God intended or want people to be obedient to such criminals, and murderers? Paul who wrote the same scriptures you quotes said “the letter killeth” grace saves.

        Do you believe God want Dominican to be obedient to Skerrit,…

    • Loud Voice
      July 22, 2015

      It’s not Letang’s role to comment on what the government would do or not do. His role was simply to comment on what the laws are.

  33. truththe
    July 21, 2015

    So all the protest we had before what were they ? Why they never ended in police brutality . Yet , we protested.Why, why why? Because our police force is too political and sensitive towards political party supporters.The law was always on the book since 1897 . Before my grand mother was born.

    • BEB
      July 21, 2015

      Don’t u know the answer?It’s possible that permission had been granted, that’s why they did not reach the state as it was in Salisbury

      • Time alone
        July 21, 2015

        Utter rubbish who are you fooling. Who ever sought permission in Dominica to protest, somebody must have fooled you. It’s only because that particular protest was done in an area which does not fully support the Government that it was deemed illegal. We might as well voluntary go back to slavery. stuppes.

    • real possie
      July 21, 2015

      @Casual, the people have an unwritten law that they protest without any police intervention, is just like some sports there are rules that are not written but people knows you don’t do certain things. Not to long ago the opposition protested in front the financial center without a permit they did not do them anything, why because people could’ve moved freely and go on with their daily lives, in Bawi people could not move as they wanted because they were stoned from on top of mountain. You can’t claim to wrongs was done when the police was doing their jobs, you listened to or read what the DBA had to say yet still you claiming the police was wrong, all they tried to do was unblock the road when they were fired upon, they used tear gas like any other country would to move the rioted crowd.

  34. IG
    July 21, 2015

    Public protests legal but …Public Order Act of 1897? Crazy place.

  35. Casual
    July 21, 2015

    Very informative discussion. I recommend more of such discussions are to be held more frequently to help educate and empower our citizens…..Keep it up DBA!!

    • too late
      July 21, 2015

      yeah more discussions should be held on gon emmamuel case, 1.5 million dollars, secret government trips, bribery, electoral list, the economy, passport sale etc

  36. Concern citizen
    July 21, 2015

    I am very surprised that Dominicians was not aware of the law in regards to demonstrating. They must seek permission and also state how long the protest is going to last. They should also pay for the police time for attending their protest.

    • Ba Yo Bwa
      July 21, 2015

      Note, not “Dominicans” per se. Try the operatives of the UWP. Or it could be their desire to manipulate and exploit the naivete of their constituents – just as their grievances may be.

    • Loud Voice
      July 21, 2015

      Don’t be fooled, they are aware especially the leaders which were encouraging the demonstration. Why do you think none of them, not even Speags participated? That’s like Al Shapton calling for a demonstration and not showing up. Trust me they are not stupid. They travelled all the way to America to demonstrate where a permit was sort but did not even have the balls to show up in Dominca.

      • Ba Yo Bwa
        July 22, 2015

        Thanks for that tit bit. I wasn’t aware that the “leaders” of the Salisbury demonstration were not present when all this went down. Wow! Are we that gullible?

  37. TRUTH
    July 21, 2015

    I am happy all this is clear and the people of Salisbury finally understand what they did was ILLEGAL. I hope they learn their lesson and other COPYCAT communities who are thinking about doing the same thing. 8) :twisted: :mrgreen:

    • Casual
      July 21, 2015

      You should be more empathetic to a misguided action. There were wrongs on both sides to the situation you alluded to. I myself though not protesting thought they had the full right to protest, but now i better understand. Also i think as the learned counsel said we need improved legislation to afford people the right to protest PEACEFULLY in line with international standards.

    • %
      July 21, 2015

      Food for thought. I wonder if those who are oppressing you will ever give you the permission to protest against them.

      • Ideal
        July 21, 2015

        I am wondering the same thing. Let us hope that next time if and when ask for a permit to demonstration, it will be granted. We are taking your word for this.

      • July 21, 2015

        Now where were the members of the Bar Association and Lawyers all the time, look so many times different talk show host were calling on them to explain or speak out about different aspect of the laws that affect the people only Mr. T. Douglas was bold enough to speak out and what did those so call lawyers and magistrate did they come out against him, I guess those that are trying to explain the rule of law and the Constitution are now singing for their super. We would like to hear from men like Sir Bryant giving us his views of the Act and if he believes like Attorney Edwards as well as the public that laws need to be amended because the police will always side with the present Government and the people will never get permission to demonstrate or protest again them.
        The laws are out dated and so is the ACT we need to review all the laws on the book and bring them up to the present we cannot live in the dark ages for ever, some thing must give.

    • Jah Bless
      July 21, 2015

      Some of you behave like you have no brains at all. Are the Salisbury people the only people in Dominica who have taken part in a protest, maybe you should refer to the people of Coulibistrie, Colihaut, Roseau in 1979, Thibaud and all the others. It is better to be thought of as a fool than to open your mouth and remove all doubt.

      • Hope
        July 21, 2015

        i hope you thought about what you said and not let your open mouth judge you

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