Preamble

Whereas the People of Dominica—

1. have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;

2. respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources of the community as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;

3. have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of the national life and thus develop and maintain due respect for lawfully-constituted authority;

4. recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;

5. desire that their Constitution should make provision for ensuring the protection in the Commonwealth of Dominica of fundamental human rights and freedoms;

Now, Therefore, the following provisions shall have effect as the Constitution of the Commonwealth of Dominica:

 

Chapter I. Protection of Fundamental Rights and Freedoms

1. Fundamental rights and freedoms

Whereas every person in Dominica is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origins, 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—

1. life, liberty, security of the person and the protection of the law;

2. freedom of conscience, of expression and of assembly and association; and

3. protection for the privacy of his home and other property and from deprivation of property without compensation,

the provisions of this Chapter shall have effect for the purpose of affording protection to those 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 person does not prejudice the rights and freedoms of others or the public interest.

 

2. Protection of right to life

1. A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of Dominica of which he has been convicted.

2. A person shall not be regarded as having been deprived of his live in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable—

   1. for the defence of any person from violence or for the defence of property;

   2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

   3. for the purpose of suppressing a riot, insurrection or mutiny; or

   4. in order to prevent the commission by that person of a criminal offence,

   or if he dies as the result of a lawful act of war.

 

3. Protection of right to personal liberty

1. A person shall not be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say—

   1. in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for Dominica or some other country, in respect of a criminal offence of which he has been convicted;

   2. in execution of the order of the High Court or the Court of Appeal punishing him for contempt of the High Court or the Court of Appeal or of another court or tribunal;

   3. in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;

   4. for the purpose of bringing him before a court in execution of the order of a court;

   5. upon a reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Dominica;

   6. under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;

   7. for the purpose of preventing the spread of an infectious or contagious disease;

   8. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

   9. for the purpose of preventing his unlawful entry into Dominica, or for the purpose of effecting his expulsion, extradition or other lawful removal from Dominica or for the purpose of restraining him while he is being conveyed through Dominica in the course of his extradition or removal as a convicted prisoner from one country to another; or

   10. to such extent as may be necessary in the execution of a lawful order requiring him to remain within a specified area within Dominica, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining him during any visit that he is permitted to make to any part of Dominica in which, in consequence of any such order, his presence would otherwise be unlawful.

2. Any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case no later than twenty-four hours after such arrest or detention, in a language that he understands, of the reasons for his arrest or detention.

3. Any person who is arrested or detained—

   1. for the purpose of bringing him before a court in execution of the order of a court; or

   2. upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Dominica,

   and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after such arrest or detention.

4. Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.

5. If any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

6. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting.

7. For the purposes of subsection (1)(a) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.