The right to a trial in English or French and the BC Legislative Clerk not guilty of most charges
This week on Legally Speaking with Michael Mulligan: Section 530 of the Criminal Code provides a right to a trial in either English or French. It also requires a judge or justice “before whom an accu...
26 Mai 202223min
Automatism, Horizontal stare decisis, and ICBC No Fault in the BCCA
This week on Legally Speaking with Michael Mulligan: Criminal offences require two things, often described with Latin names: actus reus and mens rea. Actus reus is an intentional physical act. Mens r...
20 Mai 202222min
History of abortion law in Canada, an acquittal for criminal contempt, and credibility in criminal cases
This week on Legally Speaking with Michael Mulligan: The leaked draft decision on abortion from the US Supreme Court has raised questions concerning the law in Canada. For 100 years in Canada, from...
5 Mai 202222min
Prolific offenders, Urban Mayors, causes and solutions
There are a relatively small number of people who are responsible for a high volume of property crime and associated public disorder. There are a large number of police interactions with people comm...
2 Mai 202223min
A no evidence motion, a 91-year old father unable to undo gift of a home, and child support after 19
This week on Legally Speaking with Michael Mulligan: An RCMP officer from Nanaimo is on trial for assault causing bodily harm after he is alleged to have punched a detainee in the eye causing a fract...
22 Apr 202221min
Home search after arrest, parking pass class action dismissed, and no mink ranching
This week on Legally Speaking with Michael Mulligan: Section 8 of the Charter provides that everyone has the right to be free from unreasonable search or seizure. A search conducted by the police, ...
14 Apr 202222min
Crib case dismissed for delay, no judicial notice of unceded territory, and court COVID measures ending
This week on Legally Speaking with Michael Mulligan: Unlike criminal cases, where there is always a next appearance date scheduled in court until a case is completed, civil cases are generally moved ...
7 Apr 202223min
Maple syrup theft, trial choice, contraceptive patch case and role of the Crown
This week on Legally Speaking with Michael Mulligan: The Criminal Code permits judges to make orders for the forfeiture of the proceeds of crime. When the proceeds of crime are not readily accessible...
5 Apr 202221min
