Toronto lawyer helps secure landmark LGBTQ+ rights victory in Trinidad and Tobago

By: Ebenezer Adugyamfi & Emmanuel Ayiku for GhanaianNewsCanada

November 12, 2026

A Toronto-based lawyer has played a significant role in a landmark legal victory for LGBTQ+ rights in Trinidad and Tobago, after the United Kingdom-based Judicial Committee of the Privy Council unanimously ruled against laws criminalising consensual same-sex intimacy.

Adam Goldenberg, a litigation partner at Canadian law firm McCarthy Tétrault, worked alongside fellow lawyers in representing five LGBTQ+ advocacy organisations that intervened in the appeal brought by Trinidadian activist Jason Jones.

The ruling, delivered on November 10, 2026, overturned a 2025 decision by Trinidad and Tobago’s Court of Appeal that had reinstated criminal restrictions on consensual same-sex intimacy.

It represents a major victory for Jones, whose constitutional challenge began in 2017, and a significant development for LGBTQ+ communities across the Caribbean, where similar laws inherited from the colonial era remain in force in some countries.

The case also highlights the role of Canadian legal professionals in international human-rights litigation, with Toronto-based lawyers contributing arguments intended to ensure that the court considered the wider regional implications of the legislation.

Toronto lawyer and Canadian legal team join historic appeal

Goldenberg, who is based in Toronto and is a partner at McCarthy Tétrault, acted pro bono alongside fellow firm lawyer Grace McDonell.

They worked with London-based barrister Anna Hoffmann of 4 Pump Court and the LGBTQ+ Advocacy Clinic at Harvard Law School, under instructions from Enyo Law.

The team represented five advocacy organisations granted permission to intervene in the case: Colours Caribbean, The Silver Lining Foundation, OUTBermuda, the United Belize Advocacy Movement and ILGA-North America and the Caribbean.

These organizations represent LGBTQ+ communities and human-rights interests across the Caribbean and North America.

Their participation allowed the Privy Council to consider perspectives beyond the personal circumstances of Jones, including the impact of criminalising same-sex intimacy on communities, individual freedoms and the broader protection of human rights.

McCarthy Tétrault confirmed that Goldenberg and McDonell provided their services without charge as part of the firm’s pro bono work.

Although they were not the lawyers leading Jones’s personal appeal, their contribution formed part of the wider legal effort supporting the challenge.

Privy Council overturns criminalization of same-sex intimacy

At the centre of the case were provisions of Trinidad and Tobago’s Sexual Offences Act 1986, particularly sections 13 and 16.

The provisions criminalized certain sexual activities, including consensual same-sex intimacy between men in private.

The offences, historically described in legislation as “buggery” and “serious indecency”, carried potential prison sentences.

Jones challenged the provisions on the grounds that they violated his constitutional rights, particularly his right to respect for private and family life.

In its unanimous decision, the five-member Judicial Committee of the Privy Council ruled that the challenged provisions were not protected from constitutional scrutiny by the country’s constitutional provisions safeguarding certain older laws.

The court also rejected the Trinidad and Tobago government’s argument that the legislation could be justified under the Constitution.

The judges concluded that the criminalisation of private, consensual intimacy could not be reasonably justified in a society that respects individual rights and freedoms.

The decision was delivered by a panel comprising Lord Reed, Lord Sales, Lord Briggs, Lord Burrows and Lady Rose.

The judgment was registered as [2026] UKPC 38.

Nearly a decade of legal battles

Jones’s legal challenge dates back to February 2017, when he began proceedings against the Trinidad and Tobago government.

He argued that the country’s laws subjected gay people to discrimination and violated their fundamental constitutional rights.

In April 2018, the High Court ruled in his favour, finding that the relevant provisions were unconstitutional. The court subsequently issued an order modifying the application of the provisions so that consensual sexual activity between adults in private would no longer be criminalised.

However, the government challenged the decision.

In March 2025, Trinidad and Tobago’s Court of Appeal partially reversed the earlier ruling, accepting arguments that constitutional protections for certain existing laws limited the ability of courts to strike them down.

That decision revived significant elements of the criminal restrictions and prompted Jones to take the matter to the Privy Council, the country’s final court of appeal.

The appeal was heard in London on July 8, 2026.

On November 10, the Privy Council unanimously allowed Jones’s appeal and dismissed the government’s cross-appeal, restoring the central constitutional position established by the High Court.

Why the court rejected the government’s argument

A central issue in the case concerned the interpretation of Trinidad and Tobago’s Constitution.

The government argued that the challenged provisions were protected by a constitutional savings clause, which prevents certain laws inherited from before the Constitution came into force from being invalidated simply because they conflict with fundamental rights.

However, the Privy Council found that the Sexual Offences Act of 1986 constituted a new legislative framework rather than merely a continuation of the earlier colonial-era provisions.

That distinction was crucial.

The judges concluded that Parliament had introduced a new legal regime, meaning the challenged provisions could not automatically benefit from constitutional protection reserved for existing laws.

The court also rejected the argument that the restrictions were reasonably justifiable under the Constitution.

The decision reinforces the principle that fundamental rights must be interpreted in a manner that remains meaningful in contemporary society rather than being frozen by historical attitudes.

Jason Jones celebrates victory for LGBTQ+ communities

Following the ruling, Jones described the outcome as a major personal and human-rights victory.

His case was not simply about the possibility of prosecution. He and supporters argued that the existence of the laws encouraged stigma, discrimination and fear, even when prosecutions were uncommon.

Jones has previously spoken about experiencing harassment and discrimination because of his sexual orientation and leaving Trinidad and Tobago amid concerns about his safety.

He welcomed the judgment as an important step towards ensuring that LGBTQ+ people could live without being treated as criminals because of their private relationships.

However, the activist has also acknowledged that the ruling does not automatically eliminate discrimination or guarantee full equality in everyday life.

A possible influence on other Caribbean countries

The decision could have implications beyond Trinidad and Tobago.

Several Caribbean countries continue to maintain laws criminalising consensual same-sex intimacy, many of which have roots in British colonial legislation.

Countries including Jamaica, Grenada and St Vincent and the Grenadines continue to face legal and human-rights debates over similar provisions.

Human-rights advocates believe the Privy Council’s reasoning could strengthen future legal challenges in jurisdictions where the court also serves as the final court of appeal.

The ruling may be particularly significant because it addresses how constitutional protections should be interpreted when governments rely on historical legislation to defend restrictions on individual freedoms.

However, the judgment does not automatically change the laws of other Caribbean countries. Each jurisdiction has its own Constitution, legislation and legal procedures, meaning separate legal challenges or legislative reforms may still be necessary.

A significant Canadian contribution to international human-rights law

For Canada, the involvement of Goldenberg and McDonell highlights the growing role of Canadian lawyers in international public-interest litigation.

Goldenberg’s legal practice includes constitutional and public-law disputes, and he has previously represented individuals and organisations in cases involving civil liberties and LGBTQ+ rights.

His participation in the Trinidad and Tobago appeal also demonstrates how lawyers based in Canada can contribute to cases affecting communities outside the country through cross-border legal cooperation.

The five organisations represented by the intervening legal team brought perspectives from across the Caribbean and North America, helping the court assess the wider consequences of the challenged laws.

Their involvement was especially important in a case where the outcome could influence how other Commonwealth jurisdictions approach constitutional protections and inherited legislation.

The legal victory does not end the wider equality struggle

Despite the significance of the judgment, LGBTQ+ advocates say the fight for equality in Trinidad and Tobago and the wider Caribbean is far from over.

Removing criminal penalties for consensual same-sex intimacy does not necessarily resolve issues involving workplace discrimination, social exclusion, access to healthcare, violence or equal protection under other areas of the law.

The Privy Council’s ruling is focused on the constitutionality of the challenged provisions of the Sexual Offences Act. It should not be interpreted as legalising every form of sexual conduct or automatically establishing marriage equality or comprehensive anti-discrimination protections.

The court has indicated that further written submissions are required before its final remedial order is settled, with its provisional view favouring the original High Court remedy.

Nevertheless, the unanimous decision marks a defining moment in Trinidad and Tobago’s legal history.

For Jason Jones and the organisations that supported his challenge, it is the culmination of years of legal work aimed at removing criminal restrictions on private, consensual relationships.

For Toronto lawyer Adam Goldenberg and his Canadian colleagues, the outcome also represents a notable contribution to an international legal campaign that has placed constitutional rights, personal dignity and equality at the centre of a historic Caribbean court battle.