The BC Constitution Act and the removal of MLAs or City Councillors
In our recent podcast episode, we delved deep into the complexities of the British Columbia (BC) Constitution Act, focusing on the potential reasons a member of the legislative assembly (MLA) could forfeit their seat. These reasons can range from absenteeism and allegiance to foreign powers to dual citizenship and serious criminal convictions. The subject has become a hot topic following recent upheaval over a Victoria city councillor's controversial letter. However, the BC Constitution Act g...
23 Nov 202322min
BCNDP vs. Crown Counsel Association, a Fence Dispute and an Eviction for Safety
In British Columbia, the Crown Counsel Association negotiates wages, salary hours or work, and working conditions for Crown Counsel. In 2018, the BC government decided to have Crown Counsel, rather than the police, conduct bail hearings at night and on weekends. Rather than negotiating with the Crown Counsel Association, the BC government made a unilateral decision to have Crown Counsel work evenings and weekends, claiming that the Attorney General had the power to do this under the Attor...
16 Nov 202323min
BC Proposes Changes that Would Undermine the Independence of Lawyers
Many professions such as doctors, engineers, and architects are regulated to ensure that people providing services to the public are properly trained and competent to practice. The need for this is clear: you want to ensure people receive good medical care and the buildings and bridges don't fall down. The regulation of lawyers has this objective as well: you want to know that you're getting competent legal advice when you hire a lawyer. Because lawyers are often engaged in work that is i...
9 Nov 202322min
Third Party Records, Probable Guilt Punishment, and Injunctions in Defamation Cases
Get ready to plunge into the riveting world of legal complexities as we welcome Michael Mulligan, a seasoned barrister and Solicitor, to our podcast. Packed with insights and thought-provoking perspectives, we'll unravel the collateral consequences of committing an offence and the intricate aspects of third-party records in criminal cases. Mulligan guides us through the maze of evidence collection, especially in scenarios where the police don't possess the evidence, as in the case of a prison...
2 Nov 202322min
Property Rights and the Short Term Rental Accommodations Act in British Columbia
Who says law and property rights can't be riveting? Brace for a legal deep dive unravelling the complexities of the Short Term Rental Accommodations Act in British Columbia. It's not every day you get to compare it to governmental property seizure, but we dare to tread those intriguing waters. We pick apart the legal precedents for compensation in cases where the government appropriates property and delve into the Supreme Court of Canada's ruling in the Annapolis Grouping v. Halifax Regional ...
26 Okt 202323min
The BC Heroin Treatment Act and Delays in Civil Cases
Join us this week where we'll be opening the vault of Canada's legislative past with legal expert Michael Mulligan. Trust us, you won't want to miss this deep dive into the controversial British Columbia Heroin Treatment Act of 1979. Together, we'll unravel the context of the Opioid Crisis of the late 70s and today, investigating the eerily similar circumstances and sobering statistics of both times. In the episode, we'll have a healthy debate about the implications of the Heroin Treatment A...
19 Okt 202323min
Public Drug Use Prohibited Only If Asked and the Tort of Misfeasance in Public Office
Do you feel like you’re reading a different language when you look at legal documents? You’re not alone. We’ve brought in legal expert Michael Mulligan to decipher Bill 34, the Restricting Public Consumption of the Legal Substances Act, and it’s not what you’d expect. This piece of legislation doesn't public drug use anywhere unless someone is first asked to stop by a police officer. Mulligan also sheds light on the process and consequences of seizing substances discovered during these encoun...
12 Okt 202323min
Stepparent Child Support, Adoption without Consent and Band Council Fiduciary Duty
Strap in for a thrilling conversation with Barrister and Solicitor, Michael Mulligan, as we navigate the tricky terrain of family law and indigenous governance. Curious about how the court defines a 'spouse' and how that affects child support? We dissect a case of a former stepfather, compelled to shoulder significant monetary responsibilities for three children, despite the fluctuating nature of his relationship with their mother. Listen as Michael enlightens us about how the BC Family Law A...
6 Okt 202323min
