Who is in jail in BC and what does it cost? Should a custody order from Pakistan be enforced in BC?
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
Salvage of shipping containers, Duty Counsel Day, and an injunction closing a restaurant not checking for COVID vaccination
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
Self-defence and the person's role in the incident, bats in a house, and waiving a charge
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
All BC Judges Vaccinated, Free Family Law Mediation and Criminal Contempt Appeal Funding
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. ...
19 Loka 202123min
Law Society debate on gender pronouns in court and civil forfeiture of a penthouse used for parties during COVID
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
Mayors call for more people to be kept in jail before trial and the BCCA said use of lose Vancouver Island rail line
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
COVID-19 Related Measures Act vs Human Rights Code and a local government prohibition on building anything unreasonable
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
Vaccine passports and the Charter, marriage annulment and religion, and Traffic Court by MS Teams
This week on Legally Speaking with Michael Mulligan: Anti-vaccination protesters have been holding up copies of the Canadian Charter of Rights and Freedoms and arguing that it prohibits restrictions on unvaccinated people entering restaurants, bars, gyms, and other locations. British Columbia, and several other provinces, are implementing systems to provide digital proof of vaccination against COVID-19 in parallel with restrictions on unvaccinated people attending to a range of non-esse...
3 Syys 202122min
