If a person is burnt by coffee while juggling it and driving a car at the same time, instead of recognising that this is a really stupid thing to do, the person will sue because the coffee was too hot. A quick look at the law reports of Canada and New Zealand will show the extensive use of their respective bills of rights in litigation. It will also show that the primary use of a bill of rights is in relation to criminal appeals. Some may argue that this shows the system for prosecuting defendants was deficient, and indeed reforms were made. However, the fact is that the Bill of Rights continues to be routinely used as a ground for attempting to overturn the admissibility of evidence, including confessions, evidence obtained under search warrants and breath testing of drunk drivers.
Bills of rights are notorious for being the last ground of the desperate in litigation.
The broad terms of ' rights ' can be argued to cover almost anything. 11 and a case where it was claimed that a rise in rent for public housing breached the ' right to life ' in s. 8 of the Bill of Rights. In a recent Australian case, a prisoner brought a legal action on the basis that his human rights were being abused because there was not enough variety in the vegetarian meals offered at a prison. He relied on the International Covenant on Civil and Political Rights, which is often described as the International Bill of Rights. While those who propose the enactment of a bill of rights do so with the intent that it be used for lofty purposes, the more likely result is expensive litigation concerning naked strollers, vegetarian menus, and new ways to avoid losing your licence for drink driving.