Bermuda Supreme Court Rules on Commission of Inquiry Appeals

On 14 July 2026, the Supreme Court of Bermuda delivered a ruling in the case of Re The Bermuda Constitution Order 1968 [2026] SC (Bda) 71 civ. The case addressed whether a Commission of Inquiry established under the Commissions of Inquiry Act 1935 is considered an adjudicating authority determining civil rights or obligations, and if the absence of a right of appeal from the Commission's report breaches section 6(8) of the Bermuda Constitution.

Case Background

The plaintiffs, descendants of Emelius Monteille Darrell, challenged the findings of a Commission of Inquiry into Historic Land Losses in Bermuda, established by the Premier on 31 October 2019. They contended that the lack of an appeal mechanism from the Commission's report violated their constitutional rights under section 6(8), which pertains to the right to a fair hearing by an independent and impartial tribunal.

Court's Findings

The Court held that a Commission of Inquiry is not an adjudicating authority determining the existence or extent of civil rights or obligations. Therefore, the absence of a right of appeal from the Commission's report does not breach section 6(8) of the Bermuda Constitution. The Commission's function is to inquire into and report on matters referred to it; its findings of fact are not binding in any legal sense and have no legal consequences.

Furthermore, the Court noted that judicial review remains available as a remedy for procedural challenges to the Commission's decision-making, which is sufficient to satisfy constitutional requirements.

Legal Implications

This ruling clarifies the legal status and function of Commissions of Inquiry in Bermuda, affirming that their reports do not have binding legal consequences and that the absence of an appeal mechanism does not infringe upon constitutional rights. It also underscores the availability of judicial review as a means to address procedural concerns related to such Commissions.