Diplomatic Immunity, Parking Immunity, and Legal Aid Funding
Legally Speaking with Michael Mulligan Diplomatic Immunity – The wife of a US diplomat killed a British teenager in a car accident but was able to avoid prosecution and leave the UK as a result of diplomatic immunity. Topics discussed include the Vienna Convention on Diplomatic Relations and how this is implemented in Canada. Other related issued include diplomats not having to pay parking tickets, how diplomats suspected of impaired driving are dealt with in Canada, and immunity from having ...
17 Okt 201927min
An illegal arrest of a protester, a judge shooting himself in a courtroom, and a vacation rental injunction
Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070. A new Supreme Court of Canada case, Fleming v. Ontario, concluded that the police did not have the authority to arrest a protester who was carrying a Canadian flag and walking down the road, in order to avert a possible, future, disruption. The police officers and the province of Ontario claimed that the police were authorized to arrest the man pursuant to the ancillary powers doctrine to “arrest someone who is acting lawful...
11 Okt 201922min
Federal Offender Security Clarification overrides, a Death Midwife, and NCRMD findings
Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070 Issues discussed include overrides of federal prisoner security classifications which result in inmates classified as medium security, being transferred to minimum security institutions. This was an issue recently as a result of two inmates escaping from the William Head Institution, which is a minimum-security facility, despite having been classified as medium security risks. One of the inmates had been convicted of escaping...
3 Okt 201923min
Jury deliberations and Special Costs in a disability income case
Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070 Issues discussed include jury deliberations, sequestration, the fact that the substance of jury deliberations are secret in Canada, what information is included in a charge to the jury, information not provided to the jury, including the possible sentence if there is a conviction, and how judges deal with jury questions or cases where a jury is unable to arrive at a unanimous verdict. Also discussed is a recent test case fr...
26 Sep 201925min
$2 million in cash to be returned, another Trans Mountain Pipeline appeal, and why not to be your own lawyer
The British Columbia Director of Civil Forfeiture ordered to return $2 million in cash that was seized as part of the largest money-laundering case in BC history, due to misconduct at an ex parte hearing. The decision can be found here and the reasons on the original ex parte hearing here. "The Court must take the misconduct very seriously, because misleading statements in an ex parte hearing undermine the integrity of the process, and may even obliterate it. Misleading statements are...
19 Sep 201926min
CFAX 60th Anniversary Special
CFAX 1070 60th Anniversary Special - retrospective on 60 years of CFAX 1070 in Victoria, BC and themes from past episodes including legal aid funding and the importance of meaningful explanations of legal issues and decisions. Legally Speaking is live in CFAX 1070 every Thursday at 10:30. Michael Mulligan is a lawyer at Mulligan Defence Lawyers in Victoria, BC, Canada.
13 Sep 201920min
