Introduction
This essay argues that the Special Operations Response Team (SORT) Act and the proposed increase in the legal drinking age in Trinidad and Tobago are measures that act against citizens’ constitutional rights. Specifically, this essay will contend that the powers granted under the SORT Act present a potential threat to the right to liberty and freedom of movement, while the proposal to raise the drinking age from 18 to 21 raises serious questions about the fair and equal treatment of young adults. While these measures may be introduced with the goals of enhancing national security and public health, their implementation risks undermining the fundamental rights and freedoms guaranteed to all citizens under the Constitution of the Republic of Trinidad and Tobago. This essay will examine each measure in turn, evaluating its potential impact on constitutional principles and arguing that they represent an unjustified encroachment on individual liberties.
The Special Operations Response Team (SORT) Act 2021
The establishment of the Special Operations Response Team (SORT) was presented as a necessary tool in the fight against serious crime in Trinidad and Tobago. This led to the passing of the Special Operations Response Team (SORT) Act in 2021, which formally established SORT as a unit of the Defence Force. However, the powers granted to this unit have been a source of significant concern, as they appear to blur the lines between military and police functions and may threaten the rights of ordinary citizens.
The Constitution of Trinidad and Tobago, in its preamble and early sections, sets out the foundational principles of the nation, including a commitment to the rule of law and the protection of fundamental human rights and freedoms (Constitution of the Republic of Trinidad and Tobago 1976). Section 4 of the Constitution explicitly recognises and declares the existence of several rights, including "the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law" (s.4(a)) and "the right of the individual to freedom of movement" (s.4(g)). These rights are not absolute and can be limited by law, but such limitations must be reasonably justifiable in a society that has a proper respect for the rights and freedoms of the individual.
The SORT Act 2021 grants members of SORT the "powers, privileges, immunities and protection as are given by law to a police officer" (s.8(1)). This includes powers of arrest. While police officers already possess these powers, granting them to a military unit operating under a different command structure and with different training raises concerns about accountability and the potential for overreach. Critics at the time the Bill was debated argued that it effectively created a "parallel police force" without the same oversight mechanisms as the Trinidad and Tobago Police Service (TTPS), such as the Police Complaints Authority (T&T Guardian, 2021).
The potential infringement on freedom of movement and the right to liberty is a key concern. The exercise of powers of stop, search, and arrest by SORT officers could lead to arbitrary detentions that are not subject to the established civilian police oversight. If citizens can be stopped and detained by military personnel acting in a policing capacity, it could create a chilling effect on freedom of movement and association. The constitutional protection of liberty is based on the principle of ‘due process of law’, which requires that any deprivation of liberty be conducted according to fair and established legal procedures. The concern with SORT is that its operational framework, being military in nature, may not align with the due process standards expected of a civilian police force interacting with the general public. Therefore, the powers granted under the SORT Act, while intended to combat crime, create a tangible risk to the constitutional right to liberty and security of the person for law-abiding citizens.
The Proposed Increase in the Legal Drinking Age
Alongside concerns about national security legislation, proposals to amend social laws also require constitutional scrutiny. The recurring suggestion to raise the legal drinking age in Trinidad and Tobago from 18 to 21 is a prominent example. This proposal is typically justified on public health and safety grounds, aiming to reduce alcohol-related harm among young people. However, this essay argues that such a measure would constitute unfair and discriminatory treatment of young adults who are, in all other respects, considered full citizens with corresponding rights and responsibilities.
The current legal age for purchasing and consuming alcohol is 18, as established by the Liquor Licences Act (Chap. 84:10). At the age of 18, a citizen of Trinidad and Tobago attains the age of majority. This means they are granted the right to vote in general elections, the capacity to enter into legally binding contracts, the ability to marry without parental consent, and the eligibility to serve in the nation's Defence Force. The state considers an 18-year-old to have the maturity and judgment to make these significant life decisions.
To then deny this same group of adults the right to purchase a legal product raises a fundamental issue of fairness and equality. Section 4(d) of the Constitution protects "the right of the individual to equality of treatment from any public authority in the exercise of any functions." While this is not an absolute right to equal outcomes in all circumstances, it does protect against arbitrary or irrational discrimination. Proposing to create a new legal distinction between an 18-year-old and a 21-year-old for the sole purpose of alcohol consumption appears arbitrary. It suggests that an individual is mature enough to choose a government or fight for their country, but not to decide whether to consume alcohol responsibly.
This creates a contradictory legal status for young adults, where they are trusted with the most important civic duties but not with personal autonomy in a specific area of social life. Such a policy would infantilise a segment of the adult population and treat them as a separate, less capable class of citizen. While the state has a legitimate interest in promoting public health, a blanket prohibition on adults aged 18 to 20 purchasing alcohol may not be a proportionate response. Alternative measures, such as enhanced public education campaigns on responsible drinking and stricter enforcement of laws against drunk driving, could address public health concerns without infringing on the fair treatment of a specific group of adults (Ramoutar, 2019). The proposal, therefore, seems to be a poorly justified measure that contradicts the legal and social recognition of adulthood at 18.
Conclusion
In conclusion, both the SORT Act 2021 and the proposal to increase the legal drinking age represent concerning developments in Trinidad and Tobago. While motivated by the objectives of crime reduction and public health, they threaten to erode the fundamental rights and freedoms that form the bedrock of the nation’s democratic society. The SORT Act, by conferring police powers upon a military unit, creates a risk of diminishing the constitutional rights to liberty, security of the person, and freedom of movement, potentially without adequate and appropriate civilian oversight. Similarly, the proposal to raise the drinking age to 21 undermines the principle of fair and equal treatment by creating an inconsistent and arbitrary legal status for young adults, who are deemed mature enough for civic and contractual responsibilities but not for personal consumption choices. A society that values the rule of law must be vigilant in ensuring that state power is exercised in a manner that is proportionate and respectful of the constitutional rights of all its citizens. These two measures, as argued in this essay, fail to meet that essential standard.
References
- Constitution of the Republic of Trinidad and Tobago Act 1976.
- Liquor Licences Act, Chapter 84:10, Laws of Trinidad and Tobago.
- Ramoutar, R. (2019) 'Call to raise drinking age to 21', Trinidad and Tobago Guardian, 19 August.
- Special Operations Response Team (SORT) Act 2021 (Act No. 16 of 2021), Laws of Trinidad and Tobago.
- T&T Guardian (2021) 'AG pilots ‘unconstitutional’ SORT bill', Trinidad and Tobago Guardian, 13 July.
