Chaos in Court: Overturned Contempt Conviction and Medical Negligence Explored

This 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. T...

12 Marras 202116min

This 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 waiting...

4 Marras 202121min

This 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...

28 Loka 202122min

This 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 and ...

21 Loka 202121min

This 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.&nbsp...

19 Loka 202123min

This 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...

10 Loka 202114min

This 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 w...

16 Syys 202123min

This 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 ...

9 Syys 202121min