The founder of Bermudians Against the Draft (B.A.D.) says campaigners will fight on to abolish the "evil system" of conscription, despite the Privy Council rejection of their case.

Larry Marshall Sr. will discuss today which legal avenue to pursue with UK QC Jonathan Crow and Bermuda lawyer Delroy Duncan.

"We will discuss the viability of going to the European Court of Human Rights on the gender discrimination argument," said Mr. Marshall.

"This would be basically taking the British Government to court, and would be an unprecedented case. Our second option would be to challenge the constitutionality of conscription through the courts in Bermuda, as it contravenes Sections One and Three of the Constitution.

"I feel more comfortable with fresh legal action, as under our Constitution, Section Three, every citizen is protected from torture, inhuman or degrading punishment and treatment.

"Conscription makes a mockery of this and fundamental human rights laws. It is an evil system."

On Monday the UK Privy Council, Bermuda's highest court of appeal, rejected B.A.D.'s case to get conscription abolished.

The group claims mandatory military service in the Bermuda Regiment is unlawful as it is discriminatory under Section Six (One) of the Human Rights Act 1981. Women can volunteer for the Regiment but only men are conscripted.

B.A.D. headed to the Privy Council after their case was dismissed by the Bermuda Supreme Court and Court of Appeal.

The group has paid out hundreds of thousands of dollars in legal costs, but Mr. Marshall said members remained passionate about their cause.

He said he wrote to the Premier yesterday, voicing criticism at conscription in the modern era.

Yesterday Mr. Marshall also lambasted Attorney General Kim Wilson for saying, "We (Government) should of course, get our costs".

"Under the circumstances I think it is pretty nasty of Kim Wilson to go after costs at this stage, after the group has paid an exorbitant amount of money to take the case to the Privy Council, for freedom and justice in Bermuda because her Government refuses to deal with the issue," said Mr. Marshall.

"Obviously we are very disappointed with the ruling. We thought we had a very strong case.

"We accept the ruling, but on the point of volunteerism we feel we should have won. The Privy Council did not rule that it was not gender discrimination, they ruled it was not unlawful under our Constitution.

"Basically they apologised to B.A.D. members for not being able to rule in our favour because they were confined by the parameters of the Bermuda Constitution."

Mr. Marshall referred to the last sentence of judge Lady Hale's postscript, which stated: "I too would humbly but regretfully advise Her Majesty that this appeal should be dismissed."

Lady Hale also stated: "The Bermuda 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 ..."

Mr. Marshall said: "That is a strong statement. This is challenging the Government to reform our laws.

"As ridiculous as it seems, in Bermuda you can discriminate against an individual on gender and our Constitution allows it, even in the parameters of the Human Rights Act. I think that is reprehensible."

Mr. Marshall, 53, has never served in the Regiment but both his sons have been called up.

"We brought this case because my oldest son (Larry Marshall Jr., 27,) refuses to be a victim of a corrupt system put in place by a white Government in 1965 and inexplicably maintained by a black Government in 2010," he said.

The Pastor at the Church of the Living God's other son 25-year-old Lamont, is also included in the writ. He has served a year-and-a-half in the Regiment.

Serving members of B.A.D. now have until 12 noon on Friday to report to the Regimental Sergeant Major. More than ten recruits and conscripted men were stood down in 2008 until the conclusion of B.A.D.'s court case.

If the men fail to attend Warwick Camp by Friday, they face arrest or even jail time.

Bermuda Regiment spokesman Major George Jones said: "We still wish to approach this from a friendly and cooperative perspective and are reminding the relevant individuals of their duties. We have no intention of treating them any differently than any other serving member of the Regiment under the (Defence) Act."

Commander in Chief, Governor Sir Richard Gozney did not wish to comment on the legal issues of the case but said interest from women volunteers should be encouraged.

"I, like the CO (Commanding Officer Lieutenant Colonel Brian Gonsalves) and others, look forward to the Bermuda Regiment doing all possible to encourage volunteers from amongst young men and young women of Bermuda," said Sir Richard.

"Sometimes I detect more appetite among young women for service in the Regiment than we see in the numbers of young women actually serving. We need to satisfy that appetite."

The Attorney General said she felt B.A.D. would be unsuccessful if the case proceeded to the European Court of Human Rights.

"For an application to be successful at Strasburg, the appellants will have to satisfy the Panel that they can demonstrate that they have an arguable case," said Senator Wilson.

"The panel will not be concerned with the facts only the law, namely Bermuda's Human Rights Act 1981. With the Privy Council decision, all of the courts who have heard the arguments advanced by B.A.D. have rejected their submissions that conscription constitutes unlawful discrimination in breach of the Human Rights Act.

"I really am unable to say whether B.A.D. will try to explore a different argument as it relates to the discrimination ground as the courts have made it very clear what the law says in that situation."

Asked whether Government would review the Human Rights Act 1981, she said: "As far as Lady Hale's suggestion that Bermuda legislators consider amendments to our existing laws, this is a matter for Cabinet and the Government to consider.

"However, at this stage no firm discussion has taken place on this area."