McGill Law Journal articles from May 2002

McGill Law Journal archives from May 2002

Self-government and the inalienability of aboriginal title.(Canada)
May 1, 2002... Aboriginal title to land, as defined by the courts, has a number of sui generis aspects. Prominent among these is its inalienability, other than by surrender to the Crown. Two explanations are usually given for this: the need to protect...

Canada's admiralty court in the twentieth century.
May 1, 2002... The author outlines the debate surrounding the creation of Canada's admiralty court. This debate was fuelled by the desire for autonomy from England and the disagreement amongst Canadian politicians regarding which court was best suited to...

The Supreme Court of Canada and judicial legitimacy: the rise and fall of Chief Justice Lyman Poore Duff.
May 1, 2002... Legal institutions often seek to achieve legitimacy through connections to prominent members of the legal profession. Sir Lyman Poore Duff, a member of the Supreme Court of Canada from 1906 to 1944, was heralded as one of the greatest jurists...

The demise of the political compromise doctrine: have official language use rights been revived?(Canada)
May 1, 2002... Most of the constitutionalized language rights in Canada have received a large and liberal interpretation. In contrast, the constitutional right to use either official language in the courts has been categorized as a "political compromise...

Le systeme Torrens et la publicite fonciere quebecoise.
May 1, 2002... La reforme actuelle du systeme de publicite fonciere quebecois est essentiellement axee sur l'organisation de modes de consultation et d'inscription par voie eletronique. Le role de la publicite des droits demeure inchange depuis un siecle et...

Anger, provocation, and the intent for murder: a comment on R. v. Parent.(Canada)
May 1, 2002... The Supreme Court's decision in R. v. Parent raises important questions about the effect of anger on the intent for murder. The Court's decision suggests that, outside the defence of provocation, anger alone is insufficient to vitiate the...

The UN Human Rights Treaty System in the 21st Century.(Book Review)
May 1, 2002... Anne F. Bayefsky, ed., The UN Human Rights [Treaty] System in the 21st Century. The Hague: Kluwer Law International, 2000. Pp. xx, 1116. This very large volume is the latest in a series of books that have attempted to take stock of the...