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Breaking News: Privy Council dismisses BAD appeal

Conscription in Bermuda will continue after Bermudians Against the Draft (B.A.D.) lost their Privy Council appeal.

In its fight to get conscription outlawed, the campaign group took their case to the Island’s highest court of appeal, the UK’s Privy Council, earlier this year.

The case was heard on February 22 and 23 and this morning, the judges published their decision.

Lord Phillips, Lord Saville, Lady Hale, Lord Brown and Lord Mance dismissed the appeal.

However, in delivering the judgment Lord Phillips said that B.A.D. did have a “grievance”.

“They have been treated less favourably than their fellow countrywomen,” he said.

“The Bermudan legislators may wish to consider reform. If so, they may wish to consider whether there is a more general problem with the design of their Human Rights Act; and if so, whether to adopt the US or Canadian rather than the UK model; or whether the question of conscription should be dealt with specifically; or whether the present situation is indeed justifiable and should be left as it is.”

B.A.D. has been fighting since 2006 to get conscription abolished and has previously lost cases in the Supreme Court and Court of Appeal.

Men aged 18 through 32 have had to serve in the Regiment since its formation in 1965. Hundreds are recruited each year through a random ballot.

B.A.D.’s lawyer Jonathan Crow QC had argued the policy was discriminatory under the Human Rights Act because only men, and not women, were forced to serve.

Minister of Labour, Home Affairs and Housing, David Burch said in response to the ruling: "The Ministry of Labour, Home Affairs and Housing welcomes the ruling of the Privy Council and the validation of service in our Regiment."

See tomorrow’s Royal Gazette for the full story and reaction.