Joint sentencing submissions, prosecutorial immunity, and absolute privilege

Joint sentencing submissions, prosecutorial immunity, and absolute privilege

This 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 fro...

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Jaksot(311)

When Police Records Disappear

When Police Records Disappear

A province says a police misconduct record is sealed and destroyed. The Supreme Court of Canada says a fair trial can’t work that way. We walk through a major ruling on criminal disclosure and why it ...

9 Heinä 21min

Aboriginal Title And The Future Of Private Land

Aboriginal Title And The Future Of Private Land

A court ruling can change more than a headline, it can change how safe you feel about the basics: owning property and trusting the people who handle your money. We walk through a remarkable British Co...

2 Heinä 20min

When Governments Write The Rules To Sue

When Governments Write The Rules To Sue

A province suing over opioids is one thing. A province passing a statute that makes it easier for itself to sue, then launching a sweeping class action on that foundation, is something else entirely. ...

25 Kesä 20min

What Counts As A Right When There’s Nowhere To Sleep

What Counts As A Right When There’s Nowhere To Sleep

A city changes a bylaw, two parks get added to a no-camping list, and suddenly the real question isn’t “is this fair?” but “who has the legal power to decide?” We walk through a fresh BC Supreme Court...

19 Kesä 19min

Punitive Damages For Political Firing

Punitive Damages For Political Firing

A public servant gives three decades to the province, then gets fired without cause on the very day a government is about to fall. The BC Supreme Court doesn’t just disagree with how it was handled, i...

12 Kesä 21min

When Poker Winnings Become Taxable

When Poker Winnings Become Taxable

A million-dollar poker run sounds like the ultimate loophole, until the CRA decides it looks like a job. We talk with criminal defence lawyer Michael Mulligan about a Supreme Court of Canada leave dec...

4 Kesä 22min

Camp Thunderbird Gate Fight And A 15-Year Lawsuit Over A Supposed Public Road

Camp Thunderbird Gate Fight And A 15-Year Lawsuit Over A Supposed Public Road

A locked gate at a kids’ camp sounds like a small-town nuisance until you trace it back to 1935 and forward to a trial date in 2027. We dig into a Greater Victoria dispute where companies say a histor...

28 Touko 21min

The Supreme Court Of Canada Just Opened A New Door To Sue Your Ex

The Supreme Court Of Canada Just Opened A New Door To Sue Your Ex

A single Supreme Court of Canada decision can quietly change the ground rules for thousands of breakups, and this one just did. We unpack the Court’s creation of a new tort tied to intimate partner vi...

21 Touko 21min

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