Legally Speaking with Michael Mulligan
221 episodes - English - Latest episode: about 21 hours ago - ★★★★★ - 1 ratingLegal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
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Episodes
Chaos in Court: Overturned Contempt Conviction and Medical Negligence Explored
July 12, 2024 21:00 - 23 minutes - 16 MBHow can courtroom chaos lead to a year-long prison sentence being overturned? Discover the riveting story of a man's disruptive behaviour during his trial that led to a contempt conviction. Find out why his relentless pseudo-legal arguments and interruptions didn't hold up as the Court of Appeal stepped in to reverse the decision. We break down the different forms of contempt of court, focusing on incidents that occur directly in the courtroom, and explore the fine line between maintaining o...
Unpacking Tragedy and Justice: Manslaughter Sentencing & Wrongful Dismissal Insights
July 05, 2024 16:00 - 22 minutes - 15.8 MBWhat happens when a tragic act of violence intersects with mental illness and substance abuse? Join us on Legally Speaking as we unpack the heart-wrenching case of a 25-year-old Indigenous man in Trail, BC, who fatally attacked a 78-year-old stranger. This episode challenges the simplistic narrative of violent acts as mere bail system failures. We scrutinize the court's decision to convict the man of manslaughter instead of murder, shedding light on the significant role his mental state and ...
8.5 Years in Jail for Driving, HPV Vaccine dispute, and a Driving Appeal by 80 Year Old
June 28, 2024 21:00 - 22 minutes - 15.8 MBWhat happens when the law collides with contentious family decisions and public safety? Join us as we sit down with Michael Mulligan, a barrister and solicitor from Mulligan Defence Lawyers, to dissect a variety of complex legal scenarios. From the stringent criteria required to appeal to the Supreme Court of Canada to a severe sentence handed down in Ontario for driving while disqualified, we explore the heavy legal consequences that can arise from repeated offences. This episode sheds ligh...
Employment Law, Language Rights, and Wildfire Liability
June 24, 2024 16:00 - 23 minutes - 15.9 MBCan employers terminate employees without cause, and what are the legal nuances involved? Michael Mulligan from Mulligan Defence Lawyers to unravel a recent Court of Appeal decision in British Columbia surrounding wrongful dismissal, notice, and an employment contract. We dissect the case of a senior employee from Harbour Air Seaplanes who was let go during the COVID-19 pandemic and examine how the interplay between federal legislation and common law could influence compensation beyond the ...
Informer Privilege vs. Fair Public Trials and Damages for a Puck Injury
June 13, 2024 18:00 - 22 minutes - 15.8 MBWhat happens when the right to a fair and public trial clashes with the need to protect informer confidentiality? This episode of our podcast takes you through a riveting journey into the complex world of informer privilege and the right to a transparent judicial process. We scrutinize a landmark Supreme Court of Canada decision involving a secret trial in Quebec, where the Quebec Court of Appeal overturned the conviction due to abuse of process. Michael Mulligan from Mulligan Defence Lawyer...
ICBC Privacy Breach, Royal Bank Sues over Visa Bill and Looses, and a Tree Dispute
June 06, 2024 21:00 - 23 minutes - 16.1 MBCan corporations truly safeguard your privacy, or are we all at risk? Join us as we tackle this pressing question with Michael Mulligan from Mulligan Defence Lawyers. In one of the most startling cases in recent memory, we dissect how an employee at the Insurance Corporation of British Columbia (ICBC) sold personal information, resulting in arson and shootings. You'll learn about the class-action lawsuit that followed and the judicial system's decision to award $15,000 per affected individua...
Unnecessary Mastectomy Damages and Rape Shield Laws
May 30, 2024 18:00 - 22 minutes - 15.4 MBHow does a jury decide the value of the emotional and physical toll from a medical misdiagnosis? Join us as we explore a poignant case where a woman was mistakenly diagnosed with breast cancer and underwent unnecessary surgery, leading to a $400,000 jury award. We'll unravel the stringent criteria needed to hold a doctor legally accountable and dissect the often-mysterious process by which juries calculate non-pecuniary damages such as pain and suffering. This segment promises to shed light ...
Threats to Legal Independence in British Columbia and House Arrest for Manslaughter
May 24, 2024 20:00 - 22 minutes - 15.7 MBCould the very pillars of legal independence be shaking in British Columbia? Michael Mulligan, Barrister and solicitor of Mulligan Defence Lawyers, joins us in dissecting the controversial Legal Professions Act. His perspective shines an unflinching light on how this act could threaten the impartiality crucial to our justice system and the public interest. Get ready for a stirring analysis of the government's rush to legislate, the alarm sounded by legal professionals, and the constitutional...
Skid Steers as Weapons and the Continued Legal Battles Over Health Worker Vaccinations
May 16, 2024 18:00 - 22 minutes - 15.3 MBDiscover the unexpected legal twist when a skid steer transforms from a farm machine into an alleged weapon! Michael Mulligan, our expert from Mulligan Defence Lawyers, is back to dissect a peculiar case from Vernon where a man faces assault charges for using his skid steer in a dispute with homeless trespassers. Learn what makes a skid steer a "weapon," and get a masterclass in the legalities of assault and dangerous driving. Plus, we'll navigate the nuances of a justice system where the Su...
Legal Language and the Realities of Drug Enforcement in BC
May 09, 2024 18:00 - 20 minutes - 13.9 MBDiscover the true impact of British Columbia's drug policy changes and the possible re-criminalization of hard drugs in public spaces as we navigate the labyrinthine details of Section 56 of the Controlled Drugs and Substances Act. With the guidance of Michael Mulligan from Mulligan Defence Lawyers, our latest conversation illuminates the gaps between government announcements and the actual legal language, leaving us questioning the intent behind recent amendments. Mulligan also sheds light ...
Appeal Bail for Green Party Deputy Leader, Security Guard Guilty of Manslaughter and the Escheat Act
May 02, 2024 18:00 - 23 minutes - 16.2 MBPrepare to be engrossed as Michael Mulligan from Mulligan Defence Lawyers dissects the intricate case of Ms. Davidson, deputy leader of the federal Green Party, whose criminal contempt conviction has stirred debate. The fine line between staunch activism and legal adherence is put to the test in our discussion of her bail pending appeal. We'll explore whether Davidson's bold pre-sentencing declarations will hold true as we scrutinize the nuanced balance of upholding one's convictions vs the ...
The Presumption of Innocence, Bail, and an RCMP Officer Appeals His Conviction
April 25, 2024 22:00 - 22 minutes - 15.4 MBJoin the riveting conversation with Michael Mulligan from Mulligan Defence Lawyers as we unravel the complexities of the presumption of innocence in a special episode that delves into the legal labyrinth following a man arrested for multiple carjacking incidents. Mulligan illuminates the difficult decision points for police post-arrest and lays bare the intricacies of bail assessment, particularly when the individual in question has no criminal history. As we dissect the safeguards of commun...
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 ...