Crown bail policy, strata age and rental restrictions going and housing approval by the province
This week on Legally Speaking with Michael Mulligan: In response to political pressure resulting from public disorder and random assaults of strangers, BC Premier Eby announced several policy changes, including some amendments to the Crown Counsel Policy Manual concerning bail. Much of the social disorder and irrational, random assaults of strangers in urban centres are rooted in the increase in homeless people suffering from mental illness and drug addiction. In 2012, after many years of...
28 Nov 202222min
Paralegals rather than legal aid, sentences longer that requested, and a municipal recount
This week on Legally Speaking with Michael Mulligan: British Columbia has had inadequate legal aid funding for family and poverty law cases for many years. In 1992 the NDP government imposed a special tax on legal services to fund legal aid. Anyone who hires a lawyer pays this special 7% tax that applies to no other professional services. In 2002 the Liberal government of the day cut legal aid funding by 40% but kept the tax in place. The result was dramatic cuts to family and poverty law...
10 Nov 202223min
Mental health NCRMD vs fitness for trial and Buzziak murder investigation info still secret
This week on Legally Speaking with Michael Mulligan: All too often, people with serious mental illnesses end up in the criminal justice system when they are not afforded adequate and sustained medical treatment. In a case discussed on the show, a man who had suffered from multiple mental health issues since he was eight years old was charged with assault with a weapon and aggravated assault after he attacked a relative and an elderly neighbour one day after he was released from jail. The...
3 Nov 202223min
Criminal bail vs Mental Health Act detention
This week on Legally Speaking with Michael Mulligan: In the context of a judicial review of a decision to compel a patient to continue to receive antipsychotic medication against her will for many years, the difference between bail in a criminal case and involuntary treatment pursuant to the Mental Health Act is discussed. In most circumstances, when someone is arrested for a criminal offence, there is a presumption that they will be released on bail pending their trial. If people who we...
20 Okt 202223min
Best interest of a dog, Mink Breeders contest phasing out, and a strata fight over a deck
This week on Legally Speaking with Michael Mulligan: A dispute over the adoption of a dog named Maddie ended up in court after the woman who “rescued” and sold her tried to get her puppies back to sell. The dispute involved a woman in Port Alberni who has a business selling dogs that the judge concluded was misrepresented to be a registered non-profit organization called Ziggy’s Rescue. A family purchased Maddie from the woman for $600 and signed a document entitled Foster and Adoption C...
14 Okt 202222min
A report on Repeat Offending and Random Stranger Violence in BC
This week on Legally Speaking with Michael Mulligan: In response to criticism from mayors and others, a report entitled A Rapid Investigation into Repeat Offending and Random Stranger Violence in British Columbia was prepared. The authors of the report, a retired deputy police chief, and an academic, found that in 2021, while there had been a 7.55% reduction in the non-violent crime severity index in British Columbia, there had been a 4.32% increase in the violent crime serenity index. P...
6 Okt 202222min
Woman gets 5.5 years for sexual assault and a School Board suspension of trustees unlawful
This week on Legally Speaking with Michael Mulligan: In 2008 the age at which someone can consent to sexual activity was raised from 14 to 16. Some exceptions permit people younger than 16 to consent to sexual activity with someone close in age. A 12- or 13-year-old can consent to sexual activity with someone who is less than two years older. A 14- or 15-year-old can consent to sexual activity with someone who is less than five years older. The close-in-age exceptions do not apply if the...
29 Sep 202223min
Non-pecuniary damage awards by juries and prior sexual activity cross examination
This week on Legally Speaking with Michael Mulligan: Non-pecuniary damages are compensation for personal injury losses that have not required the outlay of money. The purpose is to compensate injured people for pain, suffering, disability, inconvenience, and loss of enjoyment of life. They are also referred to as compensation for pain and suffering. Such damages are distinct from pecuniary damages for things such as lost income, the cost of care or special damages for things like the cost ...
27 Sep 202222min
