Legally Speaking with Michael Mulligan
209 episodes - English - Latest episode: 2 days ago - ★★★★★ - 4 ratingsLegal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
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Episodes
Opposition to a BCNDP Attempt at Political Interference with Legal Regulation, Manslaughter at Costco and Indigenous Justice Funding
April 18, 2024 18:00 - 22 minutes - 15.5 MBPrepare to navigate the tumultuous waters of legal reform and societal justice with our guest, Michael Mulligan from Mulligan Defence Lawyers. Our latest episode peels back the layers of Bill 21, a contentious BCNDP legislation aimed at bringing the regulator of lawyers in British Columbia under political control. Feel the electric tension as we dissect the Law Society of BC's apprehensions, the BC Conservative Party's firm stance on repeal, and the international law implications flagged by...
The Battle for Independence: Assessing the Impact of Bill 21 on British Columbia's Legal System
April 11, 2024 19:00 - 21 minutes - 15 MBBritish Columbia's legal system faces a seismic shift with Bill 21, a move that could rock the bedrock principle of lawyer independence. As the government nudges its way into the Law Society's boardroom, we're left pondering: will the scales of justice tilt in favour of those in power? This episode pulls back the curtain on the potential repercussions of such unprecedented government involvement. Joined by Michael Mulligan from Mulligan Defense Lawyers, we dissect the changes proposed to the...
The Legal Systems of Canada and New Zealand and Their Impact on Indigenous People and Drug Laws
April 04, 2024 22:00 - 23 minutes - 16.2 MBEmbark on a journey through Canada and New Zealand's legal intricacies with Michael Mulligan from Mulligan Defense Lawyers as we dissect how these common law cousins approach justice, representation, and the battle against drugs. You'll be captivated by our discussion highlighting the disparities in Indigenous peoples' representation in the prison systems—a pressing issue both here and in the land of the long white cloud. And if you're intrigued by the varying tactics in the war on drugs, ou...
Preserving the Independence of the Legal Profession in British Columbia
March 21, 2024 18:00 - 22 minutes - 15.7 MBDiscover the fate of legal independence in British Columbia as Michael Mulligan from Mulligan Defence Lawyers lends his expertise to the latest legal system 'modernization' attempts. This week's episode pulls back the curtain on the government's controversial plans to revamp the Law Society of British Columbia, including a reduction in elected lawyer positions, which may lead to increased government sway over legal affairs. The BCNDP seems intent on ignoring a warning from the Supreme Cour...
Healthcare, Homicide, and the Scales of Justice in Canada
March 14, 2024 20:00 - 21 minutes - 15.1 MBDiscover the intricate dance of legality and medicine as we sit down with Barrister and Solicitor Michael Mulligan from Mulligan Defense Lawyers, dissecting a lawsuit that could transform the landscape of healthcare in British Columbia. The Society for Canadians Studying Medicine Abroad, representing future doctors trained overseas, is challenging the residency placement system they believe is unfairly blocking their path. Through an engaging discussion, we navigate the complexities of a sys...
Digital Privacy and Drug Decriminalization Litigation in BC
March 08, 2024 21:00 - 23 minutes - 16.4 MBUnderstand the groundbreaking shift in digital privacy through an engaging conversation with Michael Mulligan of Mulligan Defence Lawyers as we dissect a recent Supreme Court of Canada judgment. The verdict is reshaping how we perceive privacy concerning our IP addresses, which, as it turns out, are windows into our personal lives and not just innocuous identifiers. Michael walks us through the complexities of a case that has set a new standard: law enforcement agencies must now secure a war...
Unlawful Halding of Evidnce Ends a Murder Trial and First Nation's Rights vs Electricity
March 01, 2024 21:00 - 22 minutes - 15.4 MBDiscover the thin line between lawful investigation and constitutional breaches with our expert Michael Mulligan from Mulligan Defense Lawyers. We dissect a murder case where evidence handling sparked controversy and an acquittal that left many questioning the integrity of the investigation. Dive into a profound discussion on the procedural missteps during the seizure of cell phones and a security system, and how these actions swayed a trial's outcome. The legal dance between police conduct ...
Dentist Drama, Extradition Dilemmas, and Condo Conflict
February 22, 2024 21:00 - 23 minutes - 16.3 MBHave you ever grappled with the intricate workings of the legal system or wondered how an ordinary person can fare against its complexities? Michael Mulligan from Mulligan Defense Lawyers joins us to unpack a gripping small claims court drama where a patient fearlessly faces a dentist over accusations of negligence. Walk through the courtroom doors in Abbotsford and witness the struggle of gathering admissible evidence, the nuances of consent in medical treatments, and the precarious balance...
The Presumption of Destruction, Small Airline Seats, and Character Evidence
February 16, 2024 18:00 - 24 minutes - 16.6 MBUnlock the secrets of safeguarding your last wishes with a captivating narrative from Quadra Island, where an elderly lady's lost will sets off a legal firestorm over the presumption of destruction. As I narrate this tale of vanished legacies, you'll discover the critical importance of not only crafting a meticulous will but also ensuring its safekeeping. This episode plunges into the murky waters of estate law, unravelling a mystery that serves as a stark reminder: the absence of a will can...
BC Religious Property Tax Exemption and No Power for Cryptocurrency
February 09, 2024 18:00 - 22 minutes - 15.6 MBFrom the sanctified grounds of religious buildings to the surprising sanctuaries for fruit trees and bomb shelters, we probe the public policy implications when specific properties are relieved from bearing the tax burden, leaving others to shoulder the financial weight. Our discussion navigates the murky waters of the Rural Area Taxation Act, shedding light on the ripple effect tax exemptions have on society. Also on the show, BC Hydro pulled the plug on a forestry company's cryptocurren...
The Impact of proposed Land Act Amendments, Contract Frustration and Municipal Censure Overturned
February 01, 2024 19:00 - 23 minutes - 15.9 MBDiscover the far-reaching consequences of proposed changes to the Land Act in BC. With 94% of BC's land owned by the Crown, changes that would afford First Nations groups veto power over land use decisions could have a profound impact on how the province is governed. The provincial government's attempt to make the changes without a transparent consultation process, as well as the broader implications for democracy in the province, are discussed. Also, on the show, the doctrine of frustra...
Emergencies Act Ruling and Construction Liability
January 25, 2024 21:00 - 22 minutes - 15.8 MBUnravel the complexities of Canadian law with barrister and solicitor Michael Mulligan, as he clarifies a major court decision on the government's use of the Emergencies Act during the 2022 trucker protest. Grasp the intricacies of why the court found this move both unreasonable and unconstitutional, and how it could signify a turning point for civil liberties in Canada. We're breaking down the Charter of Rights and Freedoms, potential overreach of government power, and the implications of f...
Protesters, Pigs, Trusts and Soccer Tackle Liability
January 18, 2024 19:00 - 22 minutes - 15.7 MBThis episode brings to the forefront the delicate balance between activism and legality, alongside the intricate nature of estate planning. The discussions offer invaluable insights for anyone interested in how the legal system addresses these often contentious issues. We are also introduced to animal rights protesters who took drastic measures to expose what they believed were injustices within a pig farm. Barrister and Solicitor Michael Mulligan dissects the legal reasoning behind the pro...
A Tennant Windfall, Dismissal for Cause, and Future Earnings
January 11, 2024 19:00 - 22 minutes - 15.6 MBNavigate the complexities of landlord-tenant relationships with the expertise of Barrister and Solicitor Michael Mulligan from Mulligan Defense Lawyers, who joins us to unravel a contentious case where legal procedures and personal rights collide. As we dissect the Duncan case, you'll gain an understanding of how a simple notice for personal occupancy can escalate into a substantial monetary judgment and why procedural fairness in the Residential Tenancy Act hearings is more crucial than eve...
British Columbia's Drug Policy: Decriminalization and Legal Challenges
January 06, 2024 03:00 - 22 minutes - 15.6 MBDive into the heart of British Columbia's drug policy transformation with the sharp legal insight of Michael Mulligan from Mulligan Defense Lawyers. Unravel the threads of the decriminalization initiative and the controversial exemption sparking debate from the streets to the courtroom. Amidst the policy shifts, we scrutinize the troubling uptick in public drug consumption and the persistent scourge of drug-related fatalities. The episode takes an incisive look at BC's Restricting Public Con...
Estate Conflicts, Real Estate Fiascos, and Fisheries Act Violations
December 31, 2023 06:00 - 24 minutes - 16.5 MBNavigating the intricate labyrinth of inheritance law, Michael Mulligan from Mulligan Defense Lawyers illuminates the conflicts that can ensnare beneficiaries doubling as executors of wills. Our conversation scrutinizes the importance of meticulous estate planning and the often-overlooked wisdom of appointing an impartial executor. We dissect a compelling legal case that invokes Section 103 of the Wills, Estates, and Succession Act, unravelling its role in safeguarding an estate during conte...
An ICBC Class Action for Over Charging and Under Paying and Liability for a Car Dealership
December 22, 2023 04:00 - 23 minutes - 16.3 MBWhen it comes to understanding the intricate legalities surrounding car accidents and insurance monopolies, there's no better guide than Michael Mulligan from Mulligan Defence Lawyers. In a revealing podcast episode, Mulligan elucidates murky financial arrangements at the Insurance Corporation of British Columbia (ICBC), a Crown corporation with a grip on British Columbia's vehicle insurance. The episode delves into a class action certification that shines a light on ICBC's financial transa...
Limits on Municipal Tree Protection, The Duty to Defend, and No Permit Demolition
December 14, 2023 23:00 - 21 minutes - 15.1 MBWe started by discussing a captivating case from Central Saanich, a family farm at the center of a contentious legal dispute over tree protection bylaws. As we delved deeper into the case, we questioned the extent of the Community Charter's power on municipalities and whether farming should be classified as 'development'. Understanding the limitations and restrictions of tree protection bylaws is crucial, as it can help property owners avoid unnecessary legal disputes. Our exploration didn'...
Oral Agreements, Conservation Laws, and Provincial Power to Remove City Councillors
December 07, 2023 19:00 - 22 minutes - 15.6 MBEver wondered about the potential pitfalls of inadequate paperwork and the enforceability of oral agreements? Well, buckle up! We've got Michael Mulligan, a seasoned Barrister and Solicitor, guiding us through some intriguing legal scenarios that just might make you rethink your decisions. We unpack a fiery dispute between two brothers over their mother's estate, a testament to the importance of arranging your affairs properly. The concept of consideration, joint tenancy and how your decisio...
The Plastic Ban Unreasonable and Unconstitutional and Government Intrusion in the Legal Profession
November 30, 2023 19:00 - 22 minutes - 15.3 MBWe start the episode by discussing the federal government's attempt to ban various plastic items. The ban was met with constitutional challenges from the Responsible Plastic Use Coalition and two provinces, Alberta and Saskatchewan. The federal government tried to classify plastic as 'toxic', a categorization that was deemed unreasonable by the judge due to lack of evidence. Furthermore, the government's jurisdiction to regulate garbage and related matters was questioned, as it falls under p...
The BC Constitution Act and the removal of MLAs or City Councillors
November 23, 2023 22:00 - 22 minutes - 15.3 MBIn our recent podcast episode, we delved deep into the complexities of the British Columbia (BC) Constitution Act, focusing on the potential reasons a member of the legislative assembly (MLA) could forfeit their seat. These reasons can range from absenteeism and allegiance to foreign powers to dual citizenship and serious criminal convictions. The subject has become a hot topic following recent upheaval over a Victoria city councillor's controversial letter. However, the BC Constitution Act...
BCNDP vs. Crown Counsel Association, a Fence Dispute and an Eviction for Safety
November 16, 2023 20:00 - 23 minutes - 16 MBIn British Columbia, the Crown Counsel Association negotiates wages, salary hours or work, and working conditions for Crown Counsel. In 2018, the BC government decided to have Crown Counsel, rather than the police, conduct bail hearings at night and on weekends. Rather than negotiating with the Crown Counsel Association, the BC government made a unilateral decision to have Crown Counsel work evenings and weekends, claiming that the Attorney General had the power to do this under the Atto...
BC Proposes Changes that Would Undermine the Independence of Lawyers
November 09, 2023 19:00 - 22 minutes - 15.8 MBMany professions such as doctors, engineers, and architects are regulated to ensure that people providing services to the public are properly trained and competent to practice. The need for this is clear: you want to ensure people receive good medical care and the buildings and bridges don't fall down. The regulation of lawyers has this objective as well: you want to know that you're getting competent legal advice when you hire a lawyer. Because lawyers are often engaged in work that is ...
Third Party Records, Probable Guilt Punishment, and Injunctions in Defamation Cases
November 02, 2023 20:00 - 22 minutes - 15.7 MBGet ready to plunge into the riveting world of legal complexities as we welcome Michael Mulligan, a seasoned barrister and Solicitor, to our podcast. Packed with insights and thought-provoking perspectives, we'll unravel the collateral consequences of committing an offence and the intricate aspects of third-party records in criminal cases. Mulligan guides us through the maze of evidence collection, especially in scenarios where the police don't possess the evidence, as in the case of a priso...
Property Rights and the Short Term Rental Accommodations Act in British Columbia
October 26, 2023 22:00 - 23 minutes - 15.9 MBWho says law and property rights can't be riveting? Brace for a legal deep dive unravelling the complexities of the Short Term Rental Accommodations Act in British Columbia. It's not every day you get to compare it to governmental property seizure, but we dare to tread those intriguing waters. We pick apart the legal precedents for compensation in cases where the government appropriates property and delve into the Supreme Court of Canada's ruling in the Annapolis Grouping v. Halifax Regional...
The BC Heroin Treatment Act and Delays in Civil Cases
October 19, 2023 18:00 - 23 minutes - 15.9 MBJoin us this week where we'll be opening the vault of Canada's legislative past with legal expert Michael Mulligan. Trust us, you won't want to miss this deep dive into the controversial British Columbia Heroin Treatment Act of 1979. Together, we'll unravel the context of the Opioid Crisis of the late 70s and today, investigating the eerily similar circumstances and sobering statistics of both times. In the episode, we'll have a healthy debate about the implications of the Heroin Treatment ...
Public Drug Use Prohibited Only If Asked and the Tort of Misfeasance in Public Office
October 12, 2023 18:00 - 23 minutes - 15.8 MBDo you feel like you’re reading a different language when you look at legal documents? You’re not alone. We’ve brought in legal expert Michael Mulligan to decipher Bill 34, the Restricting Public Consumption of the Legal Substances Act, and it’s not what you’d expect. This piece of legislation doesn't public drug use anywhere unless someone is first asked to stop by a police officer. Mulligan also sheds light on the process and consequences of seizing substances discovered during these encou...
Stepparent Child Support, Adoption without Consent and Band Council Fiduciary Duty
October 06, 2023 18:00 - 23 minutes - 16.5 MBStrap in for a thrilling conversation with Barrister and Solicitor, Michael Mulligan, as we navigate the tricky terrain of family law and indigenous governance. Curious about how the court defines a 'spouse' and how that affects child support? We dissect a case of a former stepfather, compelled to shoulder significant monetary responsibilities for three children, despite the fluctuating nature of his relationship with their mother. Listen as Michael enlightens us about how the BC Family Law ...
Loss of Support from a Child, Mineral Exploration vs DRIPA and the BC Legislature vs a Union
September 29, 2023 17:00 - 23 minutes - 15.9 MBThis week on Legally Speaking with Michael Mulligan: Before the introduction of mandatory no-fault ICBC insurance in May of 2021, if someone was killed in a motor vehicle accident, the deceased's family could sue the person responsible for the accident to receive compensation for at least the financial loss of a loved one. This typically occurred when the person killed had financially supported their children or partner. In the first case discussed, the parents of a 17-year-old Korean b...
When Guinea Fowl aren't Fowl and Negligence vs Eviction for Marijuana Sales on Reserve
September 21, 2023 20:00 - 23 minutes - 16.4 MBBuckle up for a wild ride as we navigate the intricacies of some fascinating legal cases on Legally Speaking with Michael Mulligan. He's a barrister and solicitor at Mulligan Defence Lawyers. First up, a woman, her guinea fowl, and a bylaw that isn’t as black and white as it seems. Discover how this fascinating case hinged on the interpretation of the bylaw and whether guinea fowls are considered poultry, fowl, or exotic birds. Spoiler alert: they're not what you think! With no time to wa...
United for a Safer BC Policy Proposals
September 15, 2023 17:00 - 23 minutes - 16.1 MBThis week on Legally Speaking with Michael Mulligan: An analysis of various policy proposals the BC United Party issued concerning the criminal justice system. The proposals include hiring additional police and Crown, ending the decriminalization of drugs, funding body cameras for all police, opening more courts, and pursuing civil claims against people who traffic drugs that cause death. Follow this link for a transcript of the show and link to full policy details.
A Noisy Union, Court Costs Award Against a Strata, and the Mental Health Act
September 07, 2023 20:00 - 23 minutes - 15.9 MBAn application to find a union in civil contempt for breaching an injunction against making noise while picketing at three Vancouver Airport Hotels failed because of the wording of the injunction, which only prohibited noise above 75bBA if made by various specified devices. The evidence demonstrated that the noise was above the prohibited threshold but not if it was produced by specifically prohibited items: drums, microphones, speakers or megaphones. Also on the show, costs were awarde...
Failing to Provide Necessities, Service of an Injunction and War Crimes Prosecutions
August 25, 2023 08:00 - 22 minutes - 15.1 MBMost criminal offences in Canada involve prohibitions on doing things that would harm others. It is rare that the criminal law will require someone to do something. An exception to this is the offence of failing to provide the necessities of life. It is a criminal offence for a list of people, including parents, foster parents, and spouses to not provide the necessities of life. It also requires anyone who is in charge of someone who cannot withdraw from that situation "by reason of d...
MVA Death Sentence, ICBC Data Breach Class Action and Appeal Bail
August 17, 2023 19:00 - 22 minutes - 15.7 MBWhat if you found yourself at the receiving end of a judicial system, prosecuted for a fatal accident with no evidence of intoxication, excessive speeding, or aggressive driving? This is the tragic reality for a 21-year-old driver with no history of bad driving or criminal record, facing a heart-wrenching sentencing decision. Join us as we unravel this case with Michael Mulligan, with Mulligan Defense Lawyers. Michael helps us explore the implications of prosecuting cases where there are no...
Amicus, a sunken sailboat, and an administrator tries to buy a home
August 03, 2023 18:00 - 22 minutes - 15.5 MBThe Supreme Court of Canada has upheld the double murder conviction for a man who insisted on representing himself at trial. He was so disruptive that the trial judge removed him from the courtroom multiple times and then shut off his microphone on the closed video connection he had to the courtroom. The accused in the case would not ask questions of witnesses or make submissions and would, instead, express various conspiracy theories about the FBU, the U.S. Army, and mind control. The ...
An Order to Remove a Seawall and a Refugee Charged $1.32 Million Property Speculation Tax
July 28, 2023 17:00 - 22 minutes - 15.5 MBStarting in 2012, the Gabriola Island Local Trust started a legal effort to have an elderly couple remove a seawall that protects their waterfront property because it was less than 30 meters from the ocean. At a trial of the matter, the Gabriola Island Local Trust lost the case because the judge concluded there was a common-law right to protect property from erosion. The Island Trust didn't like that outcome and so appealed to the BC Court of Appel, which eventually overturned the first ...
Self-defence and Charge Approval and the BC Government in Court with Government Lawyers
July 20, 2023 20:00 - 22 minutes - 15.2 MBThe episode begins by discussing the decision to discontinue a prosecution arising from a Nanaimo business owner who gets shot after trying to retrieve his stolen property from a homeless camp. Crown Counsel has a duty to only approve and proceed with criminal charges where there is a substantial likelihood of conviction. In the case involving the business owner who was shot while attempting to recover property from a homeless camp in Nanaimo, further police investigation revealed that t...
Milk Surveillance, Roundup Cancer Claim and an English Test for a Teacher
July 13, 2023 20:00 - 22 minutes - 15.8 MBIn British Columbia, it's illegal to produce milk and sell it to anyone other than the Milk Marketing Board. The Milk Marketing Board sets wholesale prices, intended to guarantee a profit for milk farmers, and sets quotas for how much milk a farmer can sell. Farmers who produce more milk than their quota can be required to dump it down the drain. As a result of this system, consumers in British Columbia pay 25 - 30 % more for milk than it costs in the United States. Since 2022, milk ...
Small Claims Penalties, Arbitration Clauses, and Autopsy Photos
July 06, 2023 18:00 - 23 minutes - 15.9 MBDo you ever wonder what happens when a small claims lawsuit is baseless? Unlike in Supreme Court, judges cannot award costs to the successful party in Small Claims Court. Costs are intended to both cover some of the legal and other expenses related to a court case. They can also encourage the settlement of meritorious claims and discourage needless litigation. There is, however, a Small Claims Court rule that permits a judge to award a penalty of up to 10% of the amount claimed if som...
The History of Vagrancy Laws, Applications to Become a Judge Drop, and the Duty to Defend
June 29, 2023 18:00 - 22 minutes - 15.5 MBFor most of Canada's history, vagrancy was a criminal offence. While the wording of the vagrancy laws changed from time to time. As of 1972, there were two different forms of vagrancy. The first form of vagrancy made it a criminal offence to beg or be found in a public place without apparent means of support. The second form of vagrancy prohibited people convicted of sexual offences from loitering near parks, playgrounds, school yards or public parks. The case that ultimately determ...
Residential Tenancy Award Unreasonable and Consequences for Not Completing a Real Estate Deal
June 22, 2023 18:00 - 22 minutes - 15.6 MBDo you know the ins and outs of the Residential Tenancy Act? Join us for an enlightening conversation with Barrister and Solicitor Michael Mulligan as we uncover a recent court decision involving changes to BC's residential tenancy legislation and how an elderly landlord diagnosed with cancer almost found himself responsible for paying former tenants $34,180. The elderly landlord had his son helping rent the top part of the home he shared with his wife. When he was diagnosed with cancer, t...
'Free Man on the Land' jailed for a year for contempt and a tainted identification acquittal
June 15, 2023 18:00 - 23 minutes - 16 MBA man who denied being a human being or being subject to laws turned a wrestling match with RCMP officers into a year in jail for contempt of court following days of nonsense arguments, interruptions, and refusals to behave in court. Find out more as I tackle the case of Rex vs. A Man Known as Cameron Hardy, and explore the bizarre "Free Man on the Land" theory, which suggests that one is not subject to the laws of Canada. I'll also detail the legal basis for the provincial court's authori...
Suing a Judge changing a charge and being "functus officio"
June 08, 2023 18:00 - 23 minutes - 16 MBCan you really sue a judge if you're wrongfully convicted? This episode unpacks the intriguing case of a man who attempted to do just that after his conviction was overturned. We dive into the legal constraints surrounding this scenario and examine Lord Denning's view that judges should be able to make decisions without fear of personal liability. Join our analysis of the limits of a judge's editing power on a court-ordered transcript and the accusations levelled against the judge at the sec...
Bill C-48: A Critical Look at Canada's Controversial Bail System Reform and Its Impact on Crime, Social Disorder, and Mental Health
June 06, 2023 19:00 - 23 minutes - 16.1 MBThis week on Legally Speaking with Michael Mulligan: What does Canada's Bill C-48 mean for the future of the bail system, and does it truly address the issue of crime and social disorder? Join us for an eye-opening conversation with Michael Mulligan of Mulligan Defense Lawyers as we dissect the implications of this controversial bill and the reverse onus provision it introduces. We'll examine the cases where the burden of proof shifts from the Crown to the accused, and how this has existed...
The Impact of BC's Housing Supply Act on Local Governments
June 06, 2023 17:00 - 23 minutes - 16.2 MBThis week on Legally Speaking with Michael Mulligan: What's the secret to unlocking more housing supply in municipalities like Oak Bay, Victoria, and Sanich? Today, we uncover the implications of BC Government's Housing Supply Act and what it means for these targeted municipalities. We discuss the process that the government will undergo to set housing targets, including the appointment of an advisor who will act as a "mole" within the municipality, gathering vital information on housing de...
Evicted tenant denied 12 months rent, NCRMD detention upheld, and 4 years for firearms manslaughter
May 15, 2023 22:00 - 23 minutes - 16 MBThis week on Legally Speaking with Michael Mulligan: Only a tiny percentage of contracts ever end up in court. This is because contracts are intended to be agreements both parties wish to enter. If, for example, you agree to purchase a home from someone, both you and the seller presumably want to buy and sell the home for an agreed price. Nobody is required to force the home sale to complete as agreed. For understandable political reasons, contracts to rent homes are often no longer th...
Manifestly frivolous test, wrongful dismissal claim dismissed, and health records access unconstitutional
May 08, 2023 18:00 - 22 minutes - 15.2 MBThis week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has created a new, very high hurdle for a judge to dismiss applications in criminal cases summarily without allowing the party making the application to call evidence. The case that gave rise to the issue involved an application for a stay of proceedings brought by two men found guilty of six murder charges. The trial judge refused to hear an application for the stay of proceedings based on several allegation...
Disclosure failure results in wrongful conviction and Crown independent of police
April 13, 2023 18:00 - 22 minutes - 15.7 MBThis week on Legally Speaking with Michael Mulligan: In 2013, a 28-year-old babysitter, and mother of four, was charged with murder when a 19-month-old drowned in a bathtub. The case against her was based on the opinion of a pathologist who alleged that “there is no benign explanation” for injuries sustained by the child and that the child had “extensive bruising” that is “typical of abused children.” The babysitter, who had “Borderline Intellectual Functioning,” agreed to plead guilty ...
BC NDP misunderstands legislation and lawyers on the lawn, bail conditions and hidden camera class action
March 17, 2023 02:00 - 22 minutes - 15.4 MBThis week on Legally Speaking with Michael Mulligan: For many years, the BC government has paid all lawyers working for it on the same basis as contracts negotiated by the union representing Crown Counsel. Recently the government decided to stop doing this. That decision likely increased support for the rest of the lawyers to sign up to join the BC Government Lawyers Association: 75% did so. The BC NDP government, whose core support is organized labour, recently introduced legislation ent...
Eby's repeated attempts at money laundering charges and eye surgery gone wrong
March 10, 2023 19:00 - 21 minutes - 15.1 MBThis week on Legally Speaking with Michael Mulligan: A third charge approval review, ordered by David Eby, comes to the same conclusion as the first two: there is no basis for money laundering charges arising from a large RCMP investigation into cash or casino chips being provided to high-stakes Chinese gamblers. A long-running public inquiry, also ordered by Mr. Eby, revealed that high-stakes gamblers from China were bypassing Chinese limits on how much money they were permitted to take ...