Legally Speaking with Michael Mulligan
221 episodes - English - Latest episode: about 24 hours ago - ★★★★★ - 1 ratingLegal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
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Episodes
Issues in the criminal contempt prosecutions from Fairy Creek and a default judgment for defamation
February 17, 2022 21:00 - 22 minutes - 15.8 MBThis week on Legally Speaking with Michael Mulligan: More than 400 people are being prosecuted for criminal contempt arising from alleged breaches of an order from the BC Supreme Court that prohibits people from obstructing logging at Fair Creek. This has resulted in some logistical issues with large numbers of accused people requiring legal advice prior to entering pleas and fixing dates for trial or sentencing. Following the Stanley Cup riots, Legal Aid BC developed a mass arrest pol...
UN Rights of Indigenous People and child protection legislation and the Crown Counsel Association contract
February 11, 2022 00:00 - 22 minutes - 15.4 MBThis week on Legally Speaking with Michael Mulligan: The first case discussed on the show involved three First Nations Children who were brought to BC from Saskatchewan to live with their grandmother. The parents of the children were unable to care for them because of ongoing alcohol and substance abuse. Shortly after they arrived the grandmother found marijuana in the effects of one of the children who was a nine-year-old girl. The girl clearly had a very challenging background. The judg...
Provincial Court report, SCC and a strip search, and a 6 year fentanyl sentence
February 09, 2022 00:00 - 22 minutes - 15.7 MBThis week on Legally Speaking with Michael Mulligan: The Provincial Court in British Columbia handles 95% of criminal cases, as well as many family law cases, youth, small claims, and ticket disputes. The 2020 / 2021 annual report from the court is discussed on the show. Significant changes during this time include that 77% of all appearances in Provincial Court were technology-enabled: at least one party appeared remotely. To facilitate the COVID-19 motivated increase remote appearance...
Teal Cedar Products Ltd. vs the Rainforest Flying Squad in the BCCA and a strata dispute over a shared BMW
January 27, 2022 19:00 - 21 minutes - 14.7 MBThis week on Legally Speaking with Michael Mulligan: The BC Court of Appeal allowed an appeal by Teal Cedar extending an injection against people attempting to physically prevent the company from logging. The original interim injunction was not renewed by a judge because of concerns with respect to how the RCMP was enforcing the injunction and the fact that the conduct of the people attempting to physically prevent logging also constituted criminal offences that could be prosecuted withou...
Mental health and the criminal law, a PLTC judicial review, and a police officer dismissal upheld on appeal
January 21, 2022 19:00 - 22 minutes - 15.5 MBThis week on Legally Speaking with Michael Mulligan: An appeal by a 13-year-old girl who was found to be not criminally responsible as a result of a mental disorder (NCRMD) provides insight into how criminal law deals with mental illness. The girl in question was described as having a childhood that was troubled: a history of neglect, a family history of substance use, mental health issues and suicides. She had been receiving assistance for her mental health since she was eight years old ...
Arrests for blocking a highway and an appeal due to a failure to disclose evidence
January 14, 2022 00:00 - 21 minutes - 15.1 MBThis week on Legally Speaking with Michael Mulligan: Recently, small groups of protesters have been intentionally blocking highways to get attention for their cause and to compel the government to meet various demands. So far, police have exercised restraint and have attempted to persuade the protesters to move before arresting them. The police are not, however, required to wait any period of time before arresting people who are committing a criminal offence. As discussed on the show,...
Settlement exception for family mediation, award for dismissal of Caucasian employees and ex-pizza partner competition
December 31, 2021 20:00 - 21 minutes - 14.8 MBThis week on Legally Speaking with Michael Mulligan: Mediation efforts to resolve civil or family disputes are typically treated as being confidential and can’t be referred to if the case winds up in court. The reason for this is to permit candid discussions and compromise that result in disputes settling before going to trial. A recent Supreme Court of Canada case considered the admissibility of a “summary of mediated agreement” that was prepared following the mediation of a family law d...
Child vaccine legal disputes and gross negligence for not vaccinating all teachers
December 26, 2021 00:00 - 20 minutes - 14.4 MBThis week on Legally Speaking with Michael Mulligan: The approval of COVID-19 vaccines for children ages 5 – 11 has resulted in family law disputes between separated parents who disagree about getting their children vaccinated. A number of these cases have now been litigated, across Canada, and the consistent outcome has been for court orders permitting the children to be vaccinated, despite the objection of one parent. On the show, one of these cases is discussed which involved two chi...
Mischief vs. Public Mischief, Counselling an offence, and the Parity Principle
December 16, 2021 19:00 - 21 minutes - 15.1 MBThis week on Legally Speaking with Michael Mulligan: There are two kinds of Mischief offences in the Criminal Code: Mischief, and Public Mischief. Mischief is defined and prohibited by section 430 of the Criminal Code. This section makes it an offence to, amongst other things, damage or destroy property or to interfere with the lawful use, operation or enjoyment of property. This section applies if someone wilfully damages property by, for example, spray painting graffiti on a wall or bl...
Bill C-22 minimum sentences, Esquimalt Police civil claim, and the secrecy of jury deliberations
December 09, 2021 23:00 - 22 minutes - 15.2 MBThis week on Legally Speaking with Michael Mulligan: The previous Conservative federal government added numerous mandatory minimum jail sentences to the Criminal Code and Controlled Drugs and Substances Act. While they have failed to deter crime, they have contributed to the disproportionate number of indigenous and Black Canadians in jail. Indigenous Canadians represent approximately 5 percent of the population but are 30 percent of federal prisoners. This is double the percentage from tw...
Bookkeeper fraud sentence appeal, MS Teams court decorum, and the General Anti-Avoidance Rule
December 06, 2021 21:00 - 21 minutes - 15 MBThis week on Legally Speaking with Michael Mulligan: The BC Court of Appeal recently allowed a sentence appeal by the Crown and converted a two-year conditional sentence, sometimes called house arrest, into a regular jail sentence for a bookkeeper convicted of defrauding her employer. Because the bookkeeper had a previous conviction for similar behaviour and was acting in a position of trust, the two-year jail sentence was not surprising. A theft or fraud committed by someone in a positio...
Highway obstruction is a criminal offence, Ministerial Order for gas vs. economics, and the last cannabis sentence
November 25, 2021 21:00 - 23 minutes - 16.4 MBThis week on Legally Speaking with Michael Mulligan: The obstruction of roads and highways has become an increasingly common method of protesting various things. As discussed on the show, blocking or obstructing a highway, and in so doing, preventing anyone from doing anything they have a right to do, is a criminal offence pursuant to section 423 (1) (g) of the Criminal Code. The office is punishable by a maximum of five years in jail. Section 2 of the Charter permits “freedom of though...
BC Emergency Program Act, a damaged couch, and the SCC on sentencing ranges
November 21, 2021 19:00 - 21 minutes - 14.6 MBThis week on Legally Speaking with Michael Mulligan: More than three days after flooding caused massive damage in BC, the provincial government declared an emergency pursuant to the Emergency Program Act. The emergency declaration lasts for up to 14 days and can be renewed. Pursuant to the authority this affords, the provincial government has restricted travel on damaged highways and has limited consumers to purchasing no more than 30 liters of fuel at a time. The provincial governmen...
Saanich Police Officer fired for fake drug recognition recertifications, no SCC for Highlands mine and a firing during COVID
November 12, 2021 02:00 - 16 minutes - 11.1 MBThis week on Legally Speaking with Michael Mulligan: A senior Saanich Police Officer was fired after the Police Complaints Commissioner confirmed a finding that he had committed 14 counts of Deceit as well as Discerptible Conduct and Neglect of Duty for falsifying the recertifications of other officers as Drug Recognition Experts. The fake recertification of other officers as Drug Recognition Experts would have permitted them to test people suspected of driving under the influence of drugs...
Who is in jail in BC and what does it cost? Should a custody order from Pakistan be enforced in BC?
November 04, 2021 22:00 - 21 minutes - 14.6 MBThis week on Legally Speaking with Michael Mulligan: Who is in jail and why? In Canada, the responsibility for jailing adults is divided between the federal and provincial governments. The federal government is responsible for penitentiaries, where people serve sentences longer than two years. The provinces are responsible for jails for people serving shorter sentences and for people who are in jail waiting for their trial. In British Columbia, 63% of people in provincial jails are waitin...
Salvage of shipping containers, Duty Counsel Day, and an injunction closing a restaurant not checking for COVID vaccination
October 28, 2021 21:00 - 22 minutes - 15.5 MBThis week on Legally Speaking with Michael Mulligan: The MV Zim Kingston lost 109 containers, near Vancouver Island, containing everything from yoga mats to car parts and chemicals. Some of the containers, and their contents, have been washing up on Vancouver Island beaches. One of the legal issues raised by this is the legal right to salvage material. With thanks to Darren Williams, an expert in marine law, the legal status of the shipping containers is discussed on the show. The star...
Self-defence and the person's role in the incident, bats in a house, and waiving a charge
October 21, 2021 21:00 - 21 minutes - 15.1 MBThis week on Legally Speaking with Michael Mulligan: In 2012 the self-defence provisions of the Criminal Code were rewritten. The new provisions only permit self-defence to apply if the act in question was “reasonable in the circumstances”. When deciding if an act is reasonable in the circumstances, the new section provides a non-exhaustive list of things to be considered by a judge or jury: (a) the nature of the force or threat; (b) the extent to which the use of force was imminent an...
All BC Judges Vaccinated, Free Family Law Mediation and Criminal Contempt Appeal Funding
October 19, 2021 03:00 - 23 minutes - 15.9 MBThis week on Legally Speaking with Michael Mulligan: The BC Court of Appeal, BC Supreme Court, and BC Provincial Court issued a joint release advising that all judges and judicial officers, in all the courts in BC, have received two doses of vaccine for COVID-19. The courts further advised that, as of November 22, all court staff and all contractors accessing the secure (non-public) areas of courthouses thought BC will all be required to have received two doses of COVID-19 vaccine. Beca...
Law Society debate on gender pronouns in court and civil forfeiture of a penthouse used for parties during COVID
October 10, 2021 22:00 - 14 minutes - 9.81 MBThis week on Legally Speaking with Michael Mulligan The Provincial and Supreme Court in British Columbia recently introduced practice directives requiring lawyers to indicate the proper gender pronoun for themselves, and their clients, before each hearing. Lawyers have been directed to indicate if they, and the client, wish to be referred to as he/him/his, she/her/hers or they/them/their. This was the subject of controversy at the recent BC Law Society annual general meeting where some ...
Mayors call for more people to be kept in jail before trial and the BCCA said use of lose Vancouver Island rail line
September 16, 2021 22:00 - 23 minutes - 16 MBThis week on Legally Speaking with Michael Mulligan: The mayors of Victoria and Esquimalt, who serve as co-chairs of the Victoria and Esquimalt Police Board, have issued a press release suggesting that to prevent police officers from being assaulted and to reduce criminal activity by mentally ill people, more people should be kept in jail before they have a trial. In Canada, people are presumed to be innocent. There is also a constitutional right not to be denied reasonable bail without...
COVID-19 Related Measures Act vs Human Rights Code and a local government prohibition on building anything unreasonable
September 09, 2021 18:00 - 21 minutes - 14.7 MBThis week on Legally Speaking with Michael Mulligan: Some people opposed to the requirement to be vaccinated for COVID-19 to attend non-essential businesses such as restaurants and bars have suggested that they have a right to do these things because of the BC Human Rights Code. While the BC Human Rights Code does have a provision that precludes discrimination in the provision of service based on various factors including physical or mental disability, this is subject to “bona fide and re...
Vaccine passports and the Charter, marriage annulment and religion, and Traffic Court by MS Teams
September 03, 2021 17:00 - 22 minutes - 15.7 MBThis week on Legally Speaking with Michael Mulligan: Anti-vaccination protesters have been holding up copies of the Canadian Charter of Rights and Freedoms and arguing that it prohibits restrictions on unvaccinated people entering restaurants, bars, gyms, and other locations. British Columbia, and several other provinces, are implementing systems to provide digital proof of vaccination against COVID-19 in parallel with restrictions on unvaccinated people attending to a range of non-essent...
Vaccine passports and the Charter, marriage annulment and religion, and Traffic Court by MS Teams
September 03, 2021 17:00 - 22 minutes - 15.7 MBThis week on Legally Speaking with Michael Mulligan: Anti-vaccination protesters have been holding up copies of the Canadian Charter of Rights and Freedoms and arguing that it prohibits restrictions on unvaccinated people entering restaurants, bars, gyms, and other locations. British Columbia, and several other provinces, are implementing systems to provide digital proof of vaccination against COVID-19 in parallel with restrictions on unvaccinated people attending to a range of non-essent...
Civil jury trials, bankruptcy for tax debts, and jurisdiction clause in employment contract void
August 26, 2021 20:00 - 22 minutes - 15.6 MBThis week on Legally Speaking with Michael Mulligan: Since the beginning of COVID, civil jury trials have been suspended in British Columbia. Unlike criminal jury trials, which are constitutionally required as an option for people facing more than 5 years in jail, there is no similar protection for civil jury trials. While civil jury trials were the norm at the time of confederation, their use has decreased. One of the reasons for this is the cost of conducting a jury trial. The party req...
Will unsigned due to COVID recognized, UVic resists class action over parking, and UBC advisor fired for use of gay dating app
August 19, 2021 19:00 - 23 minutes - 16 MBThis week on Legally Speaking with Michael Mulligan: In British Columbia, the Wills, Estates and Succession Act sets out requirements for a will to be valid. These include a requirement that a will be signed by the will-maker as well as two or more witnesses. In a case discussed on the show, a 76-year-old woman was living in a care facility and provided instructions to her lawyer to draft a new will. Unfortunately, the appointment to sign the will was scheduled for March 20, 2020. The app...
Legal authority to restrict unvaccinated people from attending public places and pepper spray as a prohibited weapon
August 13, 2021 17:00 - 21 minutes - 14.9 MBThis week on Legally Speaking with Michael Mulligan: An increasing number of jurisdictions, including New York, Quebec, France, and Israel are prohibiting people who are not vaccinated for COVID-19 from being in public places where people are in close contact, such as restaurants, bars, concerts, and museums. In Canada, the federal government has announced that it will be providing electronic vaccine passports to facilitate international travel, as well as provincial restrictions such as t...
Clerk of BC Legislative Assembly has one charge quashed, BCCA finds holding includes with your leg, and a Cathay Pacific class action
July 29, 2021 18:00 - 23 minutes - 15.9 MBThis week on Legally Speaking with Michael Mulligan: The former Clerk of the BC Legislative Assembly, Craig James, was successful in having one of the charges he was facing dismissed. Mr. James was charged on a six-count direct indictment. To be charged by direct indictment, either the Attorney General or Deputy Attorney General need to provide their consent. When this happens, an accused person no longer has the right to elect what kind of trial they wish to have and there can no longe...
Clerk of BC Legislative Assembly has one charge quashed, BCCA finds holding includes with your leg, and a Cathay Pacific class action
July 29, 2021 18:00 - 23 minutes - 15.9 MBThis week on Legally Speaking with Michael Mulligan: The former Clerk of the BC Legislative Assembly, Craig James, was successful in having one of the charges he was facing dismissed. Mr. James was charged on a six-count direct indictment. To be charged by direct indictment, either the Attorney General or Deputy Attorney General need to provide their consent. When this happens, an accused person no longer has the right to elect what kind of trial they wish to have and there can no longe...
Church vs City freedom of expression, anti-SLAPP in the BCCA, and Métis heritage in sentencing
July 23, 2021 22:00 - 23 minutes - 15.8 MBThis week on Legally Speaking with Michael Mulligan: The City of New Westminster cancelled a meeting room rental that had been booked by The Redeemed Church of God for a "Youth Conference". The City of New Westminster has a booking policy that “restricts or prohibits user groups if they promote racism, hate, violence, censorship, crime or unethical pursuits.” Following an email complaint that the Youth Conference would be an anti-LGBTQ event, the City of New Westminster made some online ...
Fair Creek blockade and the Criminal Code, surveillance of a judge, and a ticket info site
July 19, 2021 18:00 - 23 minutes - 16.2 MBThis week on Legally Speaking with Michael Mulligan: A City of Victoria Councillor was caught on video offering money to a tow truck driver and arguing with an RCMP office, in an unsuccessful attempt to dissuade the tow truck driver from removing cars associated with a logging blockade that has been enjoined by a BC Supreme Court injunction. This activity is discussed in the context of the reasons for judgment granting the injunction. In his reasons for judgment, the judge referenced sec...
Surrogate mother claims affair and seeks child, Statue, church and totem sentencing, and s. 96 courts
July 08, 2021 21:00 - 23 minutes - 15.9 MBThis week on Legally Speaking with Michael Mulligan: After accepting $40,000 for expenses, a surrogate mother is asking to be declared the mother of a four-year-old, and obtain access to the child, on the basis that she claims to have become pregnant as a result of an affair with the child’s father, rather than through the use of a home artificial insemination kit. For his part, the father has admitted to having an affair with the surrogate mother but alleges that this occurred only after...
18-year sentence for an abused woman who killed her husband, SCC Chief Administrator, Hong Kong legal system
June 24, 2021 19:00 - 22 minutes - 15.6 MBThis week on Legally Speaking with Michael Mulligan: In 1976, when Canada eliminated the death penalty for murder, the compromise was a mandatory life sentence for people convicted of murder. One of the circumstances where mandatory life sentences can result in an excessively long period of time in jail is for people who are subject to long periods of domestic abuse who eventually kill their partner. Recently, in Alberta, a woman who was seriously abused by her husband for almost thirty...
Subway vs Budway, Highlands mine in the BCCA, and privacy vs open courts
June 17, 2021 19:00 - 22 minutes - 15.2 MBThis week on Legally Speaking with Michael Mulligan: Budway, a Vancouver marijuana store, has been using a logo similar to the Subway sandwich logo. Budway also had a mascot in the form of a submarine sandwich filled with cannabis leaves, with bloodshot, half-open eyes. Subway sued Budway, alleging various breaches of the Trademarks Act. One of the issues in the case was whether what Budway was doing amounted to “passing off” This can occur if consumers could be misled into believing th...
Criminal contempt controlled by the court and not AG, oil tank leak bill is okay, and the SCC on child support
June 10, 2021 21:00 - 21 minutes - 14.9 MBThis week on Legally Speaking with Michael Mulligan: The BC Supreme Court has inherent jurisdiction to control its own process. This includes the authority to find people who breach court orders to be in contempt. The purpose of this is to uphold the rule of law. The rule of law requires people to comply with court orders, even if they don’t agree with them. If people were permitted to decide which laws they wished to comply with, the strongest mob would prevail, and the result would be ...
False sexual assault claim gets a discharge and an accused person is not required to explain why a complainant would lie
May 27, 2021 21:00 - 22 minutes - 15.4 MBThis week on Legally Speaking with Michael Mulligan: Annaca Kobayashi, a 19-year-old woman from Langford, falsely reported to the police that a young man she knows had threatened her with a knife and sexually assaulted her. A police investigation, including a review of a video recording where she claimed to have been threatened with the knife, revealed her story to be false. Only after a third police interview did Ms. Kobayashi, who had a boyfriend at the time, admit that she made the s...
Big Newf and duress, 11 years for carfentanil trafficking, and an increased award for firing an articling student
May 26, 2021 22:00 - 21 minutes - 14.5 MBThis week on Legally Speaking with Michael Mulligan: Duress is a defence, sometimes referred to as an excuse, for the commission of a criminal offence. The rationale for the defence is the idea of moral involuntariness. These are the requirements for the defence: There must be an explicit or implicit threat of present or future death or bodily harm. The threat can be directed at the accused or a third party. The accused must reasonably believe that the threat will be carried out. T...
Big Newf and duress, 11 years for carfentanil trafficking, and an increased award for firing an articling student
May 26, 2021 22:00 - 21 minutes - 14.5 MBThis week on Legally Speaking with Michael Mulligan: Duress is a defence, sometimes referred to as an excuse, for the commission of a criminal offence. The rationale for the defence is the idea of moral involuntariness. These are the requirements for the defence: There must be an explicit or implicit threat of present or future death or bodily harm. The threat can be directed at the accused or a third party. The accused must reasonably believe that the threat will be carried out. T...
Miscellaneous but important amendments, and the BC COVID-19 data leak
May 19, 2021 22:00 - 22 minutes - 15.4 MBThis week on Legally Speaking with Michael Mulligan: Miscellaneous Statutes Amendment Acts have, perhaps, the least exciting names imaginable. Sometimes, however, these acts bundle together legal changes that can be significant. If passes in BC, a recently introduced Miscellaneous Statutes Amendment Act will make changes that will have meaningful consequences for people. On the show, two of these changes are discussed. One of the proposed changes will require ICBC to withhold licenc...
Joint sentencing submissions, prosecutorial immunity, and absolute privilege
May 06, 2021 22:00 - 22 minutes - 15.7 MBThis week on Legally Speaking with Michael Mulligan: Many criminal cases are resolved by way of joint sentencing submissions by Crown and defence counsel. This means that the accused person is agreeing to plead guilty and both lawyers have agreed on what the appropriate sentence should be. The Supreme Court of Canada has held that, in these circumstances, judges are not permitted to impose a sentence different than what is proposed unless the proposed sentence was “so unhinged from the ...
Police COVID roadblocks, Quarantine Act breached by Flat Earth conference attendee, and Small Claims online
April 22, 2021 18:00 - 21 minutes - 15 MBThis week on Legally Speaking with Michael Mulligan: The BC Government has proposed police roadblocks to enforce travel restrictions between health authorities, in order to reduce the spread of COVID-19. Because there are significantly different rates of infection in different parts of the province, this objective is understandable. Unfortunately, contrary to the premier’s assertion that police will be able to conduct roadblocks of this kind without any new authority, that is not the cas...
Fraudulent mass mailing search warrant, bulk COVID adjournments and unsightly garbage bin acquittal
April 15, 2021 20:00 - 23 minutes - 16.4 MBThis week on Legally Speaking with Michael Mulligan: The USA and Canada have a treaty that provides for mutual legal assistance in the investigation of criminal matters. Pursuant to this treaty, the Minister of Justice of Canada, at the request of the USA, applied for and obtained a search warrant for two Vancouver companies being investigated for sending fraudulent mass-mailed solicitations that were believed to be financially exploiting vulnerable people. Applications for search warra...
Duty to defend metal in eye of NHL goalie, 13kg of heroin in the trunk, and a $90K telephone scam
April 08, 2021 23:00 - 21 minutes - 15 MBThis week on Legally Speaking with Michael Mulligan: In August of 2015, Mr. Upton was attempting to straighten a bent metal plate from the steering mechanism of his 1955 Chevrolet Bel Air. He had removed it from the vehicle, placed it on a concrete step in his backyard, and was hitting it with a sledgehammer. Mr. Sexsmith was visiting Mr. Upton and watching his car repair efforts. Unfortunately, on the last occasion Mr. Upton struck the metal plate with the sledgehammer, the plate flew in...
Home theft by title fraud, defamation for false claim of sexual abuse on Facebook, child support and bankruptcy
April 01, 2021 23:00 - 22 minutes - 15.5 MBThis week on Legally Speaking with Michael Mulligan: Land title fraud can result in the loss of your home. Efforts to fraudulently impersonate property owners have increased along with the use of remote transactions. With property, other than real estate, if someone steals something and then sells it to an innocent third party, the original owner of the property stills owns it. The legal concept is the namo dat rule. The thief doesn’t own the stolen item and so can’t sell what they don’t...
A fraudulent conveyance voided, Johnson & Johnson sued over a blood clot, and sealed Buziak documents
March 25, 2021 22:00 - 22 minutes - 15.7 MBThis week on Legally Speaking with Michael Mulligan: In 2003 there was a coastal forestry worker strike in BC. It involved thousands of employees and multiple unions. After three weeks the strike was eventually ended by back-to-work legislation. One of the impacted union locals, led by Sonny Ghag, was not happy about this. Mr. Singh organized the storming of a sawmill owned by Mainland Sawmills Ltd. during which employees were assaulted, people were threatened, and the mill was forced to ...
Wrongful dismissal damages, police officer's $1.5M ICBC claim denied and Civil Resolution Tribunal patently unreasonable
March 18, 2021 21:00 - 23 minutes - 16.1 MBThis week on Legally Speaking with Michael Mulligan: Mr. Eisler was born in 1932. He left school at age 14 and started work as a farmer and shepherd. By age 18 he was working in the Alberta oil fields. By 22 he was a field supervisor and by age 31 he had started his first company. At age 79 Mr. Eisler was fired by the board of directors of a mining company he started and had worked at for twenty-four years. Mr. Eisler sued for wrongful dismissal but, sadly, died a few months before the ...
US Billionaire vs a fish and game club, BC firearm legislation and a will after separation
March 11, 2021 23:00 - 23 minutes - 15.9 MBThis week on Legally Speaking with Michael Mulligan: The Douglas Lake Cattle Company is the largest cattle range in Canada. It is owned by US billionaire Stan Kroenke, who also owns the Colorado Avalanche and the Denver Nuggets, amongst other things. The ranch is so large it completely surrounds two lakes that belong to the Province of BC. For years Mr. Kroenke has been trying to stop people, including members of the Nicola Valley Fish and Game Club, from fishing in the lakes. The legal d...
The Civil Resolution Tribunal vs s. 96 of the Constitution and no hat for a Pastafarian
March 06, 2021 00:00 - 22 minutes - 15.6 MBThis week on Legally Speaking with Michael Mulligan: To ensure their independence, Superior Court Judges hold office on good behavior, until age 75, and can only be removed by the Governor General on address of the Senate and House of Commons. The point of this is that you don’t want judges to be fired when they made decisions that the government doesn’t like. If you have a dispute with the government, you want to know that the judge hearing the case isn’t worried about being fired if th...
BC refused interim injunction for churches breaking COVID rules and BCCA splits over electric bikes
March 02, 2021 17:00 - 22 minutes - 15.4 MBThis week on Legally Speaking with Michael Mulligan: Several churches in the Fraser Valley have been refusing to comply with COVID-19 health rules and have been conducting in-person services. The churches have started a legal challenge to the public health orders on the basis that they believe them to be unconstitutional given constitutional protection for “freedom of conscience and religion”. This, and related constitutional protections, are subject to “such reasonable limits prescribed...
Fake doctor goes to jail, good faith and expected profit, default judgment, and decriminalizing drugs
February 12, 2021 23:00 - 22 minutes - 15.4 MBThis week on Legally Speaking with Michael Mulligan: What happens when someone, repeatedly, pretends to be a medical doctor, despite repeated injunctions and fines being imposed? They go to jail. The College of Physicians and Surgeons of British Columbia is responsible for bringing applications to the BC Supreme Court to stop someone who is not qualified from using titles like “Dr.” or “Physician”. In the case discussed on the show, Ms. Ezzati pretended to be a doctor and performed medi...
Gladue and bail, consent and medical malpractice, and banishment
February 08, 2021 00:00 - 21 minutes - 15.1 MBThis week on Legally Speaking with Michael Mulligan: In 1999 the Supreme Court of Canada, in a case called Gladue, set out principles to be considered when indigenous people are involved in the criminal justice system. Judges were directed to consider all available sanctions other than imprisonment and to pay particular attention to the circumstances of aboriginal offenders. Despite the admonishments from the Supreme Court of Canada, the overrepresentation of aboriginal people in jail has...