Let’s go through the act now

Basically based on the long title this is an act to limit the spread of Covid. The act has a life span of 1 year, so if passed, after 1 year it would no longer be valid law.

Section 2 is the interpretation section. This section is like a dictionary. So where ever you see those words in the act, thats the meaning attached to the word

Section 4 - wear your masks & keep 6 ft distance where practicable

You’re allowed to remove your masks for the purposes of identification by the police or the owner of a premises who want to see who is who coming in their place

Section 5 - businesses may operate. Except if told otherwise by the MOH. Businesses can operate online

Once business operating must wear masks, keep 6ft distance. Sanitise, determine # of ppl allowed in ( 1 person per 30 sqft) normal things we been hearing under SOE

It’s section 6 for the protocols for businesses to operate not 5 my bad. But yh same type of things we know now.

If they dont, they can be shut for 3 months

Section 7 - Min can limit or restrict gatherings (events social gatherings - the interpretation section defined gatherings ) in order to protect against the spread.

If he doing that he must publish it in the Gazette for all of us to know

Section 8 - after talking to Mr Based on the Science (our CMO) the Min can prohibit or make requirements for the entry into/departure from/location of persons on a premises

If he doing that he must publish it in the gazette for all of us to know

Section 8 - Eg of the requirements he can make - # ppl allowed, size of the premises, purpose for going there, facilities on the premises & period of time

The Min can vary or revoke the restrictions/requirements made

Section 9 - regulating travel in motor vehicles (section 2 have useful definitions for this section)

After talking to Mr Based on the Science, Mr Potatoes can impose restrictions /requirements for vehicles

If he do that he must publish it in the gazette for us to see

Section 10- how we gonna deal with potentially infectious ppl. Remember section 2 defines potentially infectious and who a public health official is.

Automatically if you come from another country w covid cases you’re potentially infectious!

Section 10 - if public health officer has reasonable grounds to believe you are potentially infectious they will tell you to go to screening area/ request a police to bring you for screening

If they do this they must tell u y theyre telling you go to screening area ....

....that its an offence if you refuse go screening or fail to go without reasonable excuse and its an offence to abscond (failure to show up)

If a health care professional (not a public health officier) has reasonable grounds to suspect you’re potentially infectious they gotta tell you so & report it to Mr CMO

I suppose here is where ppl will question whether a Public Health Official should have “all that power”

Section 11 - what can a police or immigration officer do when screening & assessing a person they reasonably suspect is potentially infectious?

Immigration will tell you go to the screening area for screening + assessment

Immigration officer may remove you to a place suitable or for screening

(Should an immigration officer have that power? Idk I guess some ppl may say no)?

If a public health official ask the police to (if they suspect you ofc), the police may direct you to screening area / remove you & put u in a place for screening

When rhe Immigration officer /police officer using those powers they must tell you why they doing it & its an offence not to comply (without reasonable excuse ofc) offence to abscond!

NB B4 they use those powers they gotta ask a health official if its necessary to do so

Section 12 - what gonna happen to u when u at a screening area?

They may require u to be there for 48 hra s - if so they must tell you why, and tht 48 hrs is the longest they could hold you there & that its an offence for you to disobey

The police can enforce this requirement

While screening they can take a bio sample from you (guessing this is pcr/rapid testing) + ask u to ans questions + provide info on your health incl travel history + contact tracing info

Other things incl asking u to produce docs. to help w your assessment, contact info

If a public health officer think it’s appropriate they may direct you to go immediately to another place for screening etx/ request a police officer to bring you there ( if they do this the previous tweets on informig u as to why etc applies) & ofc it’s an offence not to obey

Section 13 a - what can immigration or the police do at screening and assessment places

Immigration can keep you at that place until health ppl reach to do what they gotta do under secton 10

Once you entering from another state that constitutes reasonable grounds to suspect you are potentially infectious so u gotta submit to screening + isolation at your expense as a condition of you entering our precious country

The Immigration ppl cant hold you for more that 5 hours , if for some reason 5 hrs not long enough for them ppl come & do what they gotta do.. they can extend the time to a further 9 hrs (if our CMO agrees)

Ofc if Immigrantion holding you they gotta tell you why, the maximum period they can hold you for, that its an offence to abscond

Long story short, issa long process to enter Grenada for the nxt year

Section 14 - okay assessment done, what happens to me next - If you’re confirmed as infected or the screening was inconclusive or the public health official has grounds to suspect you’re potentially infectious

There are a number of requirements for you in that case

U may be required to provide info to health officer/specified person, give contact info, go for further screening , remain at a specific plave for a specified period, be isolated from others for a specific period...

install in all mobile devices FOR RHE DURATION OF THE SPECIFIED PERIOD a surveillance app designated by the Minister ...dramatic pause... cue all conspiracy theorists . Idk this is a new one. Need more info on this app

The restrictions may incl restrictions for a specified period on your movements/travel, activities (incl work business) contact w other or specified ppl

If they gonna impose these things on you they gotta tell you why and its an offence not to comply

In choosing wa restrictions to impose on u they must consider your wellbeing + personal circumstances

The restrictions may be varied/revoked/extended

Oh Someonewhere in the act the specified period is 14 days

Section -15 - powers exercisable at a specified place for screening and assessment or isolation

When required to remain under section 11/12 it’s no more than 14 days
Once there every 48 hours they must assess you and based on that see if the restrictions necessary

If the restriction no longer necessary they can revoke it or change it w a different requirement
If a public health officer revoke a restriction the CMO can reimpose it if he is satisfied that you’re potentially infectious , for the period originally stated

If before the end of the period they think you’re still potentially infectious or the requirement is still necessary they can extend the period, in some cases that extension cannot be for more rhan a next 14 days

If they extend your period they gotta review it every 24 hours to see if it still necessary, if on review it no longer is they may revoke it / change up the restrictions

Section 16 - formalities
Basically if they telling u do anything it gotta be in writing and if they tell you orally it gotta be reduced to writing as soon as. They can only exercise the powers above if they think it necessary ur interest, protecting ppl, maintain public health

Section 17 - Appeals ( Red Flag Alert)
Basically if they tell you do summin and you dont agree with it you can appeal the decision by going to the Magistrate court. While there the Mag Court can confirm/ vary/extend the requirement/restriction with or without modification

Or the Mag court can quash/vary/extend the the requirement

Now MY issue with this section is the requirements / restrictions the act talks about in one way or the other limit persons rights freedoms (Constitutional matters) Constitutional matters are heard in the High Court So a Mag Court shouldnt be dealing with these kinds of appeals

Section 18 - Penalties! - You break they law how much you gotta pay?!?!?

If you don’t comply w the act you’re liable on summary conviction to a fine of no more than $25,000 or 12 months jail time

Some may say that is excessive but Im sure if someone breaks quarantine and gave you covid you wont find $25000 enough, plus same yall was “impressed” by the seriousness of Aunty Mia and her hefty fine in Bim, so save us the hypocrisy

Yes now even though that fine/imprisonment term exists...if you break section 4(1)(a), 5(1), 5(2),9(1), you may be liable on service of a fixed penalty notice by a police officer, if you choose so, to a fixed penalty of $500 in first instance, $700 in second , 1000 in third

If I remember correctly section 4/5 was about masks and physical distancing so yh

Section 19- how fixed penalty works
If a police gave reason to believe you committed the offences in the sections I just list out above there, rhey can ask yu for your name, TRUE place of residence and serve u with a fixed penalty

If you dont comply with them asking u for those things you commit an offence
When the police serve u w a fixed penalty notice they HAVE to charge u the offence + tell u that if u wish NOT to be prosecuted of the alleged offence in court, u can go pay the money to the Mag Court

Now if they serve u a fixed penalty notice and you feel like that ain going down so u want your day in court, you can decline to undergo that process I just talk about there, or if u ain pay in time they go take it as u refuse to be dealt with in that procedure

Now they must serve the fixed penalty notice personally on you & give a copy to the Mag Court & if time pass and u ain pay that same paper will constitute a complaint laid against you before the Mag Court & boom criminal proceedings as we know it will be started against you

Now the fixed penalty notice must look a certain way & be signed by the police officer . They have a copy of it in the act under Schedule 2 so go look it up so uk what to expect and make sure they deal w you proper

Section 20 - how to pay your fixed penalty notice

Take the notice, take your money and bring it to the clerk of the Mag Court & its basically the same process as paying any other fine the court imposed.

Section 21 - effect of paying your fixed penalty
If you pay it they can’t bring you to court & remember that copy they gave the Mag Court? The complaint becomes null and void
It must be paid within 31 calendar days from the date on the notice

Section 22 - Certificate of payment or non payment

Basically what on that certificate is evidence of your payment or non payment (within the required time) of your fixed penalty. Ofc if the contrary can be proved (these things happen) go through and prove u did what u had to do

Section 23- consequences when you dont pay
If you dont pay in time, criminal proceedings for the offence on you Fixed penalty notice will be instituted against you under our Criminal Code

Section 24 - duties and powers of the police force - naturally these requirements will call for debate cuz yh we know the rgpf .RGPF must enforce the act using reasonable force if necessary () and in doing so they MAY enter any premises without warrant (let us stick a pin here

Now in drafting MAY means discretionary
Secondly enter and arrest a premises w/o a warrant IS NOT NOVEL. Some laws & certain situations enable police officers to arrest you without warrant. Idk where ppl get that the act says they can search your house I havent seen that

By way of example, if a police office see you stab a man and run in your house, they can enter your house and arrest without warrant. Other examples are found in laws relating to drugs and firearms

I just say this to say I see ppl talking about that section turning us into a police state blah blah blah, if that is the truth we already live in a police state because this isnt the first time a police is being given an arrest w/o warrant power

None the less. Because I said this doesn’t mean people shouldn’t challenge the correctness/ necessity of that part in the act, Im just addressing how ppl making it seem like this is something brand new and novel attack on Grenadians

Section 25 - Declaration of a State of Emergency ——Red Flag Alert

Basically this section says the GG can declare a state of emergency in relation to Covid under her constitutional power to do so, regular procedure blah blah

When she declares SOE Cabinet can make regulations etc

Now MY issue with this is, if the Act telling the GG she can declare a SOE, are we gonna exist from the passage of the Act until a SOE circumstance arises, with these SOE like regulations with out there actually being a SOE

I see nothing in the act saying its intended to go against the Constit, and the sections under the act, can be argued as limiting rights, so how then can this piece of legislation legally have its intended effect.

The waters are dirty around that point, I personally don’t get it & I dont think this piece of legislation should exist without either expressly saying its against the constit or its a piece of legislation passed under emergency powers...lets see what the seasoned legal minds say

Okay bk to section 25- once GG say a SOE Cabinet can make regulations which control - all means of communication and transport, all fuel building plant and materials necessary for working communication transport, all food and liquor supplies, all electric water and power stations

Prohibiting restricting the possession /use of any specified article
Impose restrictions on employment, business, place of residence, communication w others

Basically curfew provisions(w exceptions)
Requiring ppl to notify of movements
Prohibit Travel (with exceptions)
Require ppl to quit any place area or not to visit any place or area

On behalf of her Majesty (cough cough when we go be free?)
Taking possession or control or managing any property or undertaking, acquisition of any property other than land

Ik these regulations sound scary, some of them Im familiar w as being what they can control under a SOE. And we basically living through how they do these things w the regulations we have experienced these past few months.

Section 25- they have to publish these things in the gazette if for some reason they cannot do so, they will stick it up on walls /use the media

Section 26 - Min can by order amend the schedules

Section 27 - Min can make regulations - these regulations can include the creation of offences/ imposition of fines

THE END.
Ofc this summary doesn’t cover everything in the act. You guys should go read. The act does raise some constitutional concerns. I stand by my statement that it’s unnecessary, just use our existing framework.

https://docs.google.com/viewerng/viewer?url=https://www.thenewtodaygrenada.com/wp-content/uploads/2020/07/Coronavirus-Disease-COVID-19-Control-Bill-2020.pdf&hl=en