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 Juli 202322min
Milk Surveillance, Roundup Cancer Claim and an English Test for a Teacher
In British Columbia, it's illegal to produce milk and sell it to anyone other than the Milk Marketing Board. The Milk Marketing Board sets wholesale prices, intended to guarantee a profit for milk farmers, and sets quotas for how much milk a farmer can sell. Farmers who produce more milk than their quota can be required to dump it down the drain. As a result of this system, consumers in British Columbia pay 25 - 30 % more for milk than it costs in the United States. Since 2022, milk p...
13 Juli 202322min
Small Claims Penalties, Arbitration Clauses, and Autopsy Photos
Do you ever wonder what happens when a small claims lawsuit is baseless? Unlike in Supreme Court, judges cannot award costs to the successful party in Small Claims Court. Costs are intended to both cover some of the legal and other expenses related to a court case. They can also encourage the settlement of meritorious claims and discourage needless litigation. There is, however, a Small Claims Court rule that permits a judge to award a penalty of up to 10% of the amount claimed if...
6 Juli 202323min
The History of Vagrancy Laws, Applications to Become a Judge Drop, and the Duty to Defend
For most of Canada's history, vagrancy was a criminal offence. While the wording of the vagrancy laws changed from time to time. As of 1972, there were two different forms of vagrancy. The first form of vagrancy made it a criminal offence to beg or be found in a public place without apparent means of support. The second form of vagrancy prohibited people convicted of sexual offences from loitering near parks, playgrounds, school yards or public parks. The case that ultimately de...
29 Juni 202322min
Residential Tenancy Award Unreasonable and Consequences for Not Completing a Real Estate Deal
Do you know the ins and outs of the Residential Tenancy Act? Join us for an enlightening conversation with Barrister and Solicitor Michael Mulligan as we uncover a recent court decision involving changes to BC's residential tenancy legislation and how an elderly landlord diagnosed with cancer almost found himself responsible for paying former tenants $34,180. The elderly landlord had his son helping rent the top part of the home he shared with his wife. When he was diagnosed with cancer, th...
22 Juni 202322min
'Free Man on the Land' jailed for a year for contempt and a tainted identification acquittal
A man who denied being a human being or being subject to laws turned a wrestling match with RCMP officers into a year in jail for contempt of court following days of nonsense arguments, interruptions, and refusals to behave in court. Find out more as I tackle the case of Rex vs. A Man Known as Cameron Hardy, and explore the bizarre "Free Man on the Land" theory, which suggests that one is not subject to the laws of Canada. I'll also detail the legal basis for the provincial court's authorit...
15 Juni 202323min
Suing a Judge changing a charge and being "functus officio"
Can you really sue a judge if you're wrongfully convicted? This episode unpacks the intriguing case of a man who attempted to do just that after his conviction was overturned. We dive into the legal constraints surrounding this scenario and examine Lord Denning's view that judges should be able to make decisions without fear of personal liability. Join our analysis of the limits of a judge's editing power on a court-ordered transcript and the accusations levelled against the judge at the seco...
8 Juni 202323min
Bill C-48: A Critical Look at Canada's Controversial Bail System Reform and Its Impact on Crime, Social Disorder, and Mental Health
This week on Legally Speaking with Michael Mulligan: What does Canada's Bill C-48 mean for the future of the bail system, and does it truly address the issue of crime and social disorder? Join us for an eye-opening conversation with Michael Mulligan of Mulligan Defense Lawyers as we dissect the implications of this controversial bill and the reverse onus provision it introduces. We'll examine the cases where the burden of proof shifts from the Crown to the accused, and how this has existed ...
6 Juni 202323min
