Latest Legal news canada Podcast Episodes
History of abortion law in Canada, an acquittal for criminal contempt, and credibility in criminal cases
Legally Speaking with Michael Mulligan - May 05, 2022 19:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: The leaked draft decision on abortion from the US Supreme Court has raised questions concerning the law in Canada. For 100 years in Canada, from 1869 until 1969, having or performing an abortion was a criminal offence in Canada. In 1969 t...
Prolific offenders, Urban Mayors, causes and solutions
Legally Speaking with Michael Mulligan - May 02, 2022 17:00 - 23 minutes ★★★★★ - 1 ratingThere are a relatively small number of people who are responsible for a high volume of property crime and associated public disorder. There are a large number of police interactions with people committing offences such as shoplifting, mischief, possession of stolen property, possession of drug...
A no evidence motion, a 91-year old father unable to undo gift of a home, and child support after 19
Legally Speaking with Michael Mulligan - April 22, 2022 18:00 - 21 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: An RCMP officer from Nanaimo is on trial for assault causing bodily harm after he is alleged to have punched a detainee in the eye causing a fractured orbital bone. The complaint in the case was arrested on her 19th birthday after her frien...
Home search after arrest, parking pass class action dismissed, and no mink ranching
Legally Speaking with Michael Mulligan - April 14, 2022 20:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Section 8 of the Charter provides that everyone has the right to be free from unreasonable search or seizure. A search conducted by the police, without prior judicial authorization, is presumptively unreasonable. One of the exceptions to ...
Crib case dismissed for delay, no judicial notice of unceded territory, and court COVID measures ending
Legally Speaking with Michael Mulligan - April 07, 2022 20:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Unlike criminal cases, where there is always a next appearance date scheduled in court until a case is completed, civil cases are generally moved along by the plaintiff. The case discussed on the show involved a civil claim resulting from a...
Maple syrup theft, trial choice, contraceptive patch case and role of the Crown
Legally Speaking with Michael Mulligan - April 05, 2022 03:00 - 21 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: The Criminal Code permits judges to make orders for the forfeiture of the proceeds of crime. When the proceeds of crime are not readily accessible because they cannot be located, have been transferred to a third party, are outside of Canada, ...
Legal aid funding, a conviction results in deportation, and a licence plate revoked
Legally Speaking with Michael Mulligan - March 25, 2022 05:00 - 22 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: British Columbia has a special provincial sales tax that applies to all legal bills. It is supposed to be dedicated to funding legal aid. The tax now collects more than twice the amount that is provided for legal aid. The extra, more than $10...
A trust saves half a house, contempt stay application not screened out, and a warrantless whisky seizure
Legally Speaking with Michael Mulligan - March 17, 2022 19:00 - 21 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Equity is a body of law that was originally developed in the English Court of Chancery. It was distinct from the common law, prior to English reforms in the 1870s. Since then, in England, and other jurisdictions with an English legal traditio...
Criminal contempt sentencing, travel insurance and bad faith and the Crime Victim Assistance Act
Legally Speaking with Michael Mulligan - March 12, 2022 01:00 - 21 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: Two men charged with criminal contempt for breaching an injunction prohibiting interference with the construction of the Trans Mountain Pipeline plead guilty and were sentenced. Neither man had a previous criminal record. The first man wa...
Murder and a will, fraud by a translator, and a successful family law prototype in Victoria
Legally Speaking with Michael Mulligan - February 24, 2022 20:00 - 23 minutes ★★★★★ - 1 ratingThis week on Legally Speaking with Michael Mulligan: As a matter of public policy, courts will not recognize a benefit accruing to a criminal for his crime. As a result, a murderer cannot collect life insurance or a gift in a will from the person they murdered. A recent BC Supreme Court case ...
Issues in the criminal contempt prosecutions from Fairy Creek and a default judgment for defamation
Legally Speaking with Michael Mulligan - February 17, 2022 21:00 - 22 minutes ★★★★★ - 1 ratingThis 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 w...
UN Rights of Indigenous People and child protection legislation and the Crown Counsel Association contract
Legally Speaking with Michael Mulligan - February 11, 2022 00:00 - 22 minutes ★★★★★ - 1 ratingThis 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 substa...
Provincial Court report, SCC and a strip search, and a 6 year fentanyl sentence
Legally Speaking with Michael Mulligan - February 09, 2022 00:00 - 22 minutes ★★★★★ - 1 ratingThis 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 d...
Teal Cedar Products Ltd. vs the Rainforest Flying Squad in the BCCA and a strata dispute over a shared BMW
Legally Speaking with Michael Mulligan - January 27, 2022 19:00 - 21 minutes ★★★★★ - 1 ratingThis 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 resp...
Mental health and the criminal law, a PLTC judicial review, and a police officer dismissal upheld on appeal
Legally Speaking with Michael Mulligan - January 21, 2022 19:00 - 22 minutes ★★★★★ - 1 ratingThis 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 childho...
Arrests for blocking a highway and an appeal due to a failure to disclose evidence
Legally Speaking with Michael Mulligan - January 14, 2022 00:00 - 21 minutes ★★★★★ - 1 ratingThis 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 t...
Settlement exception for family mediation, award for dismissal of Caucasian employees and ex-pizza partner competition
Legally Speaking with Michael Mulligan - December 31, 2021 20:00 - 21 minutes ★★★★★ - 1 ratingThis 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 disput...
Child vaccine legal disputes and gross negligence for not vaccinating all teachers
Legally Speaking with Michael Mulligan - December 26, 2021 00:00 - 20 minutes ★★★★★ - 1 ratingThis 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, a...
Mischief vs. Public Mischief, Counselling an offence, and the Parity Principle
Legally Speaking with Michael Mulligan - December 16, 2021 19:00 - 21 minutes ★★★★★ - 1 ratingThis 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 dest...
Bill C-22 minimum sentences, Esquimalt Police civil claim, and the secrecy of jury deliberations
Legally Speaking with Michael Mulligan - December 09, 2021 23:00 - 22 minutes ★★★★★ - 1 ratingThis 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 nu...
Bookkeeper fraud sentence appeal, MS Teams court decorum, and the General Anti-Avoidance Rule
Legally Speaking with Michael Mulligan - December 06, 2021 21:00 - 21 minutes ★★★★★ - 1 ratingThis 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...
Highway obstruction is a criminal offence, Ministerial Order for gas vs. economics, and the last cannabis sentence
Legally Speaking with Michael Mulligan - November 25, 2021 21:00 - 23 minutes ★★★★★ - 1 ratingThis 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 rig...
BC Emergency Program Act, a damaged couch, and the SCC on sentencing ranges
Legally Speaking with Michael Mulligan - November 21, 2021 19:00 - 21 minutes ★★★★★ - 1 ratingThis 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 ...
Saanich Police Officer fired for fake drug recognition recertifications, no SCC for Highlands mine and a firing during COVID
Legally Speaking with Michael Mulligan - November 12, 2021 02:00 - 16 minutes ★★★★★ - 1 ratingThis 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 ...
Who is in jail in BC and what does it cost? Should a custody order from Pakistan be enforced in BC?
Legally Speaking with Michael Mulligan - November 04, 2021 22:00 - 21 minutes ★★★★★ - 1 ratingThis 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. ...
Salvage of shipping containers, Duty Counsel Day, and an injunction closing a restaurant not checking for COVID vaccination
Legally Speaking with Michael Mulligan - October 28, 2021 21:00 - 22 minutes ★★★★★ - 1 ratingThis 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 ...
Self-defence and the person's role in the incident, bats in a house, and waiving a charge
Legally Speaking with Michael Mulligan - October 21, 2021 21:00 - 21 minutes ★★★★★ - 1 ratingThis 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 circum...
All BC Judges Vaccinated, Free Family Law Mediation and Criminal Contempt Appeal Funding
Legally Speaking with Michael Mulligan - October 19, 2021 03:00 - 23 minutes ★★★★★ - 1 ratingThis 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 th...
Law Society debate on gender pronouns in court and civil forfeiture of a penthouse used for parties during COVID
Legally Speaking with Michael Mulligan - October 10, 2021 22:00 - 14 minutes ★★★★★ - 1 ratingThis 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 indic...
Mayors call for more people to be kept in jail before trial and the BCCA said use of lose Vancouver Island rail line
Legally Speaking with Michael Mulligan - September 16, 2021 22:00 - 23 minutes ★★★★★ - 1 ratingThis 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 i...
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