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A world-class judiciary utilizing innovation and technology for efficient service delivery.

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Case Number
SU2021CV01893
Year
Neutral Citation
[2024] JMFC Full 05
Date of Delivery

CONSTITUTIONAL LAW – The Jamaica (Constitution) Order in Council, 1962, section 48 and 49 – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 17(1) and 20 – Whether section 26(2) of the Disaster Risk Management Act breaches the Claimant’s right to freedom of religion guaranteed by section 17(1) of the Charter – Whether breach of the right to freedom of religion by section 17(1) of the Charter is demonstrably justified in a free and democratic society – Whether Regulations under section 26(2) of the Disaster Risk Management Act must comply with section 20 of the Constitution in relation to state of public emergency – Whether section 26(2) of the Disaster Risk Management Act to restrict right to freedom of religion guaranteed by section 17(1) of the Charter is a constitutional amendment in accordance with section 49 of the Constitution – Whether section 26(2) of the Disaster Risk Management Act breaches the separation of powers doctrine – Whether to award damages for breach of constitutional right to freedom of religion – Disaster Risk Management Act, section 26(1) and (2)

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