Chad Antoine (Appellant) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2025/0033

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Chad Antoine

Respondent(s)

Attorney General of Trinidad and Tobago

Issue

Mr Chad Antoine, a former policeman who was dismissed for a disciplinary offence, claimed that the Commissioner of the Police’s failure to pay him a gratuity and pension was unconstitutional discrimination. Were the courts below wrong to dismiss his claim?

Facts

Mr Chad Antoine (“the Appellant”) was dismissed from the Trinidad and Tobago Police Service in 2003 for a disciplinary offence, namely insisting two members of the public engage in sexual intercourse in his presence. As he was dismissed for a disciplinary offence, he did not receive a gratuity payment or a pension. The Appellant states that another police officer dismissed for disciplinary offences, Assistant Superintendent Endell Thomas (“AS Thomas”), received a gratuity and a pension. The Appellant therefore argues that in-failing to treat him equally to AS Thomas, the Commissioner of Police unlawfully discriminated against him contrary to his constitutional right to equality of treatment from any public authority under s. 4(d) of Trinidad and Tobago’s Constitution. He seeks an order that the Commissioner of Police pay him a gratuity and a pension. The High Court and Court of Appeal of Trinidad and Tobago dismissed the Appellant’s claim. He now appeals to the Judicial Committee of the Privy Council.

Date of issue

2 May 2025

Case origin

PTA

Permission to Appeal

Justices

Lord Sales

Lord Stephens

Lady Simler

Permission to Appeal decision date

2 March 2026

Permission to Appeal decision

Refused

There was an appeal as of right, but the Court of Appeal refused to grant leave. The appellant therefore requires special leave from the Board. Special leave is refused because the appeal is devoid of merit.

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