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  • 5 days ago
As the new Home Invasion Bill was stirring debate in Parliament… one independent voice was warning it could be misunderstood and potentially dangerous for the public.

Senator Michael de la Bastide opened the discussion from the Independent bench, commending the effort to codify the law, but raising serious concerns about key provisions.

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00:00Independent Senator Michael DeLavesteed, senior counsel, is opening debate from the
00:05independent bench saying the time has come for Trinidad and Tobago to finally give legal
00:12force to long-standing common law principles.
00:15And I think it is time that we did so.
00:21So I commend the government in bringing this bill to parliament to the extent that it represents
00:32an attempt to, through legislation, to clarify, develop and codify the common law with respect
00:43to the law on self-defense in the home invasion context.
00:50But the senior counsel says he has serious reservations about several provisions of the bill.
00:56He pointed to the definition of a dwelling house, which includes adjacent land or structures
01:02within the same curtilage, but does not require the area to be fenced or enclosed.
01:08My concern is someone may enter into a dwelling house without realizing that he's doing so
01:17because he enters into unfenced open land, which happens to be used by the adjoining occupant
01:25of the dwelling house for maybe intermittent activities related to the dwelling house such
01:30as, I don't know, burning rubbish from time to time or parking cars from time to time.
01:34Senator DeLavesteed says that issue could be resolved through a minor amendment, but he highlighted
01:41a more fundamental problem, the provision that allows an occupant to use deadly force even when
01:48their life or limb is not in immediate danger.
01:51I agree with what the law association said in its comments to an earlier version of this section.
02:01In saying that the section seems to elevate the interest in the occupant's interest in his property
02:09above the right to life of the home invader, and I don't think to that extent the bill could be constitutional.
02:24He warns that the public may walk away with a dangerous misconception, believing that the
02:30bill gives them wide new powers to kill home intruders without consequence.
02:35It's important that the public understand that from their point of view, this bill by itself changes
02:41very little for them, at least the majority of the public. The bill at least in terms of permitting
02:49occupants to defend themselves against home invaders largely follows the common law.
02:54Senator DeLavesteed added that the legislation will have no real deterrent effect on criminals.
03:01It would be fanciful to suggest that prospective home invaders are going to have second thoughts about
03:07invading homes because of this legislation. They are not going to be deterred from invading
03:11someone's house with weapons on the basis that this bill will make it more likely that they will face
03:16resistance or greater resistance. Generally speaking, the persons which this bill may have some interest
03:23is firearm users because they are the ones licensed firearm users. They are the ones who have the real
03:30potential, real potential to resist to defend themselves.
03:34The debate on the home invasion bill continues with government lawmakers defending the reforms as
03:40critical, while independent and opposition voices warn that clarity, constitutionality and public
03:48understanding must remain at the forefront.
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