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 rea is a guilty mind. We don’t wish to convict people for physical acts that were not intentional: crashing your car when you have a heart attack or tripping and falling into someone else would not be criminal offences, even if someone else was injured. We also don’t want to convict people who...
20 Maj 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 1869 until 1969, having or performing an abortion was a criminal offence in Canada. In 1969 the Criminal Code was amended to permit abortions but only when a committee of doctors certified that a woman’s life or health was in danger. As “health” was not defined, the interpretation of this exce...
5 Maj 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 committing offences such as shoplifting, mischief, possession of stolen property, possession of drugs, and breaching previous orders. This has resulted in frustration and a recent letter from BC Urban Mayors complaining about this issue. The people repeatedly committing offences of the kind descr...
2 Maj 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 fractured orbital bone. The complaint in the case was arrested on her 19th birthday after her friends called the police for help because she was so drunk. The RCMP officer that attended was unable to find a safe place for the woman due to her level of intoxication, so he arrested her for being in a ...
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, without prior judicial authorization, is presumptively unreasonable. One of the exceptions to this principle is that police are permitted to conduct searches incidental to a lawful arrest. If a police officer has reasonable grounds to believe that someone has committed a criminal offence, the...
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 along by the plaintiff. The case discussed on the show involved a civil claim resulting from an apparently defective drop-side crib. The issue was identified in 2009 and resulted in the crib manufacturer recalling the cribs. Several proposed class actions were also filed in different provinces....
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 because they cannot be located, have been transferred to a third party, are outside of Canada, or for various other reasons, a judge can order a “fine in an amount equal to the value of the property”. Where such a fine is not paid, a judge can set a default period in jail. In the case discus...
5 Apr 202221min
Legal aid funding, a conviction results in deportation, and a licence plate revoked
This week on Legally Speaking with Michael Mulligan: British Columbia has a special provincial sales tax that applies to all legal bills. It is supposed to be dedicated to funding legal aid. The tax now collects more than twice the amount that is provided for legal aid. The extra, more than $100 million per year, is used for general government revenue and, as a result, the legal aid system in British Columbia is underfunded. The diversion of the tax revenue has several unfortunate results....
25 Mars 202222min
