Civil jury trials, bankruptcy for tax debts, and jurisdiction clause in employment contract void
This week on Legally Speaking with Michael Mulligan: Since the beginning of COVID, civil jury trials have been suspended in British Columbia. Unlike criminal jury trials, which are constitutionally required as an option for people facing more than 5 years in jail, there is no similar protection for civil jury trials. While civil jury trials were the norm at the time of confederation, their use has decreased. One of the reasons for this is the cost of conducting a jury trial. The party request...
26 Elo 202122min
Will unsigned due to COVID recognized, UVic resists class action over parking, and UBC advisor fired for use of gay dating app
This week on Legally Speaking with Michael Mulligan: In British Columbia, the Wills, Estates and Succession Act sets out requirements for a will to be valid. These include a requirement that a will be signed by the will-maker as well as two or more witnesses. In a case discussed on the show, a 76-year-old woman was living in a care facility and provided instructions to her lawyer to draft a new will. Unfortunately, the appointment to sign the will was scheduled for March 20, 2020. The a...
19 Elo 202123min
Legal authority to restrict unvaccinated people from attending public places and pepper spray as a prohibited weapon
This week on Legally Speaking with Michael Mulligan: An increasing number of jurisdictions, including New York, Quebec, France, and Israel are prohibiting people who are not vaccinated for COVID-19 from being in public places where people are in close contact, such as restaurants, bars, concerts, and museums. In Canada, the federal government has announced that it will be providing electronic vaccine passports to facilitate international travel, as well as provincial restrictions such as thos...
13 Elo 202121min
Clerk of BC Legislative Assembly has one charge quashed, BCCA finds holding includes with your leg, and a Cathay Pacific class action
This week on Legally Speaking with Michael Mulligan: The former Clerk of the BC Legislative Assembly, Craig James, was successful in having one of the charges he was facing dismissed. Mr. James was charged on a six-count direct indictment. To be charged by direct indictment, either the Attorney General or Deputy Attorney General need to provide their consent. When this happens, an accused person no longer has the right to elect what kind of trial they wish to have and there can no...
29 Heinä 202123min
Church vs City freedom of expression, anti-SLAPP in the BCCA, and Métis heritage in sentencing
This week on Legally Speaking with Michael Mulligan: The City of New Westminster cancelled a meeting room rental that had been booked by The Redeemed Church of God for a "Youth Conference". The City of New Westminster has a booking policy that “restricts or prohibits user groups if they promote racism, hate, violence, censorship, crime or unethical pursuits.” Following an email complaint that the Youth Conference would be an anti-LGBTQ event, the City of New Westminster made some online...
23 Heinä 202123min
Fair Creek blockade and the Criminal Code, surveillance of a judge, and a ticket info site
This week on Legally Speaking with Michael Mulligan: A City of Victoria Councillor was caught on video offering money to a tow truck driver and arguing with an RCMP office, in an unsuccessful attempt to dissuade the tow truck driver from removing cars associated with a logging blockade that has been enjoined by a BC Supreme Court injunction. This activity is discussed in the context of the reasons for judgment granting the injunction. In his reasons for judgment, the judge referenced se...
19 Heinä 202123min
Surrogate mother claims affair and seeks child, Statue, church and totem sentencing, and s. 96 courts
This week on Legally Speaking with Michael Mulligan: After accepting $40,000 for expenses, a surrogate mother is asking to be declared the mother of a four-year-old, and obtain access to the child, on the basis that she claims to have become pregnant as a result of an affair with the child’s father, rather than through the use of a home artificial insemination kit. For his part, the father has admitted to having an affair with the surrogate mother but alleges that this occurred only aft...
8 Heinä 202123min
18-year sentence for an abused woman who killed her husband, SCC Chief Administrator, Hong Kong legal system
This week on Legally Speaking with Michael Mulligan: In 1976, when Canada eliminated the death penalty for murder, the compromise was a mandatory life sentence for people convicted of murder. One of the circumstances where mandatory life sentences can result in an excessively long period of time in jail is for people who are subject to long periods of domestic abuse who eventually kill their partner. Recently, in Alberta, a woman who was seriously abused by her husband for almost ...
24 Kesä 202122min
