When Guinea Fowl aren't Fowl and Negligence vs Eviction for Marijuana Sales on Reserve
Buckle up for a wild ride as we navigate the intricacies of some fascinating legal cases on Legally Speaking with Michael Mulligan. He's a barrister and solicitor at Mulligan Defence Lawyers. First up, a woman, her guinea fowl, and a bylaw that isn’t as black and white as it seems. Discover how this fascinating case hinged on the interpretation of the bylaw and whether guinea fowls are considered poultry, fowl, or exotic birds. Spoiler alert: they're not what you think! With no time t...
21 Syys 202323min
United for a Safer BC Policy Proposals
This week on Legally Speaking with Michael Mulligan: An analysis of various policy proposals the BC United Party issued concerning the criminal justice system. The proposals include hiring additional police and Crown, ending the decriminalization of drugs, funding body cameras for all police, opening more courts, and pursuing civil claims against people who traffic drugs that cause death. Follow this link for a transcript of the show and link to full policy details.
15 Syys 202323min
A Noisy Union, Court Costs Award Against a Strata, and the Mental Health Act
An application to find a union in civil contempt for breaching an injunction against making noise while picketing at three Vancouver Airport Hotels failed because of the wording of the injunction, which only prohibited noise above 75bBA if made by various specified devices. The evidence demonstrated that the noise was above the prohibited threshold but not if it was produced by specifically prohibited items: drums, microphones, speakers or megaphones. Also on the show, costs were aw...
7 Syys 202323min
Failing to Provide Necessities, Service of an Injunction and War Crimes Prosecutions
Most criminal offences in Canada involve prohibitions on doing things that would harm others. It is rare that the criminal law will require someone to do something. An exception to this is the offence of failing to provide the necessities of life. It is a criminal offence for a list of people, including parents, foster parents, and spouses to not provide the necessities of life. It also requires anyone who is in charge of someone who cannot withdraw from that situation "by reason ...
25 Elo 202322min
MVA Death Sentence, ICBC Data Breach Class Action and Appeal Bail
What if you found yourself at the receiving end of a judicial system, prosecuted for a fatal accident with no evidence of intoxication, excessive speeding, or aggressive driving? This is the tragic reality for a 21-year-old driver with no history of bad driving or criminal record, facing a heart-wrenching sentencing decision. Join us as we unravel this case with Michael Mulligan, with Mulligan Defense Lawyers. Michael helps us explore the implications of prosecuting cases where there ar...
17 Elo 202322min
Amicus, a sunken sailboat, and an administrator tries to buy a home
The Supreme Court of Canada has upheld the double murder conviction for a man who insisted on representing himself at trial. He was so disruptive that the trial judge removed him from the courtroom multiple times and then shut off his microphone on the closed video connection he had to the courtroom. The accused in the case would not ask questions of witnesses or make submissions and would, instead, express various conspiracy theories about the FBU, the U.S. Army, and mind control. ...
3 Elo 202322min
An Order to Remove a Seawall and a Refugee Charged $1.32 Million Property Speculation Tax
Starting in 2012, the Gabriola Island Local Trust started a legal effort to have an elderly couple remove a seawall that protects their waterfront property because it was less than 30 meters from the ocean. At a trial of the matter, the Gabriola Island Local Trust lost the case because the judge concluded there was a common-law right to protect property from erosion. The Island Trust didn't like that outcome and so appealed to the BC Court of Appel, which eventually overturned the first j...
28 Heinä 202322min
Self-defence and Charge Approval and the BC Government in Court with Government Lawyers
The episode begins by discussing the decision to discontinue a prosecution arising from a Nanaimo business owner who gets shot after trying to retrieve his stolen property from a homeless camp. Crown Counsel has a duty to only approve and proceed with criminal charges where there is a substantial likelihood of conviction. In the case involving the business owner who was shot while attempting to recover property from a homeless camp in Nanaimo, further police investigation reveal...
20 Heinä 202322min
