Retroactive Constitutional Change?

Radioland and social media came alive from Tuesday evening and into Wednesday morning when news broke that the ruling New Democratic Party administration intended to make a retroactive change to the 1979 Constitution that speaks to the question of dual citizenship.

The underlying issue surrounds the case before the court where agents for the now opposition Unity Labour Party have challenged the nomination of two candidates for election based on their being Canadian citizens; owing allegiance to a foreign power as set out in the Constitution.

The challenges are being brought against none other than current Parliamentary Representatives for the Northern Grenadines Dr. Godwin Friday, and for East Kingstown Fitzgerald Bramble. The fact that both gentlemen are by far the most popular candidates for the constituencies they represent is beside the point. It might seem to a layman that the ULP is challenging the will of the people. But it goes beyond that.

What is at the core of this issue is the principle of attempting to change our Constitution retroactively to make right what appears to have been wrong when the nominations were made. The Eastern Caribbean Supreme Court is being asked to adjudicate on the matter, as it should.

When the cases were filed, there were many who saw them as inconvenient since they sought to challenge the election of two popular candidates. There had been debates by legal minds in the public sphere about their varying interpretations of the Constitution for and against. But opinions on such a weighty issue is one thing, what is important will be the outcome of the judicial process.

Seeking a resolution of this issue via a retroactive constitutional change does seem to be an attempt at circumventing the established legal processes. In layman’s terms, you cannot change the outcome of a cricket match by implementing retroactive rules to invalidate those which existed before the game. Later amendments cannot be used to fix a law breached.

From the initial reaction by the opposition Unity Labour Party as expressed by its lone elected member of Parliament, its leader Dr. Ralph Gonsalves, we can expect fireworks when the House of Parliament sits next Tuesday.

There have been opinions expressed that the two parliamentarians Dr Friday and Bramble have weak cases which they may well lose. But it was Prime Minister Friday himself who had called the challenges frivolous.

This “Act to Amend the Representation of the People Act, Chapter 9 of the Laws of St Vincent and the Grenadines” to be taken to Parliament next week would seem to suggest that Dr. Friday is really not that confident in the strength of his case and is now attempting to circumvent its effects.

Of course, with its 14-1 majority in Parliament, the ruling party will have smooth sailing in the passage of the bill, but Dr. Gonsavles has already made clear that any such outcome will be strongly challenged through other means.

What good does Dr. Friday and his legal team really believe this move will have for our democracy? If I don’t like it, I use my Parliamentary majority to effect the change I desire? It is a course of action which clearly cannot pass muster. We need to act correctly at all times.

A constitution should not be changed willy nilly at the behest of any political actors. Changing a Constitution retroactively to suit one’s convenience is not the way to go.

Would the Governor General Stanley John, QC, himself a legal luminary and former political actor proffer advice to the government on this?

Whoever is advising Dr. Friday should be told that this course of action is not the way to go on this issue. Certainly, not so early in their term in office and, indeed, never.

This is extremely disappointing and troubling.