Medicare Protection Act constitutional, sentencing for contempt and drugs on appeal

Medicare Protection Act constitutional, sentencing for contempt and drugs on appeal

This week on Legally Speaking with Michael Mulligan: The British Columbia Medicare Protection Act purports attempts to protect Medicare by prohibiting any doctor from charging any more than what Medicare pays for any service that it covers and effectively prohibiting people from purchasing private insurance for any of these services. These market interventions, combined with insufficient funding for Medicare, have resulted in the rationing of the services that are available by requiring pe...

Jaksot(279)

When Your Outfit Is “Red To Hide Blood,” You’ve Made Bad Choices

When Your Outfit Is “Red To Hide Blood,” You’ve Made Bad Choices

A 20-year online feud that began on a community website ended with a meticulously planned attack inside a BC courtroom—red clothes to hide blood, a packed suitcase, a knife and a hammer, and alcohol for courage. We walk through how the trial judge weighed mental health evidence against extensive planning, why the NCRMD standard remains a high bar, and how appellate courts defer to sentencing judges unless there’s a clear error. You’ll hear exactly why a 12-year sentence held firm despite argu...

7 Marras 21min

Bail Myths, Real Fixes

Bail Myths, Real Fixes

Think “bail reform” will clean up street disorder? We take a hard look at what Bill C‑14 really changes and why it targets the wrong problem. From the presumption of innocence to the right to remain silent, we trace how symbolic tweaks and reverse onus proposals collide with Charter protections while doing little to speed justice or improve safety. If the true bottleneck is time to trial, then the fixes live in courtrooms, staffing, treatment, and housing—not in performative reminders to judg...

30 Loka 21min

When Indigenous Identity Emerges After Sentencing

When Indigenous Identity Emerges After Sentencing

A guilty plea, a forgotten past, and a courtroom test of how identity meets justice. We open with a 2011 assault case resolved by a joint submission: an 18‑month conditional sentence after the accused conceded his force exceeded self‑defence. Years later, he discovered his father was Indigenous and obtained status, then sought an out‑of‑time appeal to revisit both plea and sentence. We walk through the legal gatekeeping for late appeals—intention, prejudice, merit, and the interests of justic...

23 Loka 21min

From Picton’s Farm to the Coroner

From Picton’s Farm to the Coroner

A notorious criminal case and a sweeping policy change collide in one packed hour, and the throughline is unmistakable: how law balances dignity, proof, and practical consequences. We start by unpacking the latest development in the Robert Picton matter: with the RCMP ending their investigation and holding thousands of seized items—some believed to be human remains—families sought a court order to keep everything preserved for a civil occupiers’ liability claim against Picton’s estate and his...

9 Loka 21min

Sugar, Support, and Frankie

Sugar, Support, and Frankie

A seven‑month marriage sparked on a sugar‑arrangement site, a $12,000/month support bid, and a dog named Frankie—this one has layers. We open with a candid walk‑through of interim spousal support: what it’s for, how courts weigh “capacity to pay,” and why selling capital assets to fund an opulent lifestyle isn’t the same as earning income. The applicant’s luxury‑level budget meets judicial scrutiny, while the respondent’s push to impute escort income and point to family wealth hits legal limi...

2 Loka 22min

When Does Someone Become an Agent of the State?

When Does Someone Become an Agent of the State?

Where do your constitutional protections begin and end? The dividing line between private actions and state authority forms the heart of a fascinating BC Court of Appeal decision that clarifies when ordinary citizens become "agents of the police." The case centers on Loomis Courier employees who, at police direction, set aside suspicious packages for warrantless seizure during a drug investigation. Unlike previous cases involving independent security guards or school administrators, these em...

25 Syys 21min

Self-Defense Rights in Your Home

Self-Defense Rights in Your Home

What happens when the line between victim and perpetrator blurs in the eyes of the law? When a homeowner confronts a crossbow-wielding intruder or store employees stop a car theft, should they face criminal charges or civil lawsuits for defending themselves and their property? Barrister Michael Mulligan unpacks the controversial legal landscape of self-defense in Canada, explaining how the 2012 amendments to the Criminal Code created a complex "reasonableness" requirement for those protectin...

19 Syys 20min

Secret Decisions and AI Submissions: Civil Resolution Tribunal Challenges

Secret Decisions and AI Submissions: Civil Resolution Tribunal Challenges

What happens when a legal system designed for small claims is used to tackle complex issues involving international companies and constitutional requirements? Barrister and Solicitor Michael Mulligan takes us inside a fascinating recent case that exposes serious flaws in British Columbia's Civil Resolution Tribunal system. Originally created to efficiently handle disputes under $5,000 and minor strata disagreements, the CRT has been expanded into areas far beyond its capabilities. The recent...

11 Syys 21min

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