A comparison of US Bill of Rights and The Canadian Charter...

Former United States Attorney General Ramsey Clark wrote in the New York Times, A right is not what someone gives you; but what no one can take away. It is in this vein that a country drafts legislation to protect the rights of their inhabitants. In the United States there is the Bill of Rights, which consists of a preamble and the first ten amendments to the United States Constitution, 1787 . The Charter of Rights and Freedoms is the first part of the Canadian Constitution Act, 1982 . Both of these documents provide for the rights and freedoms that both countries see as inalienable to their respective populations. This is where the similarity between them ends. These documents are vastly different. They were crafted in different†¦show more content†¦The 8th amendment states, nor cruel and unusual punishments inflicted. S. 12 uses the word subjected. The difference is that S. 12 can be applied to matters other then criminal punishment, as seen in Rodriguez v. British Colombia [1993] 3. S.C.R. The documents were written at very different times and for very different purposes. Out of this arise many differences. The Bill of Rights has a long history entangled with that of the American Constitution. It was the anti-federalists attack on the American Constitution. Patrick Henry told the Virginia Convention, What can avail your specious, imaginary balances, your rope-dancing, chain-rattling, ridiculous ideal checks and contrivances. They demanded a more concise constitution that clearly laid out the rights of the people and the limitations of the government. James Madison wrote in his diary, that such fundamental maxims of free Government would be a good ground for an appeal to the sense of community against potential oppression and would counteract the impulses of interest and passion. The Bill of Rights that Madison passed was based heavily upon The Virginia Declaration of Rights. The Virginia Declaration was a document that was written during the British occupation. 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