Criminal contempt sentencing, travel insurance and bad faith and the Crime Victim Assistance Act
This week on Legally Speaking with Michael Mulligan: Two men charged with criminal contempt for breaching an injunction prohibiting interference with the construction of the Trans Mountain Pipeline plead guilty and were sentenced. Neither man had a previous criminal record. The first man was a 69-yead old, retired university professor. He had climbed a tree and used a bicycle lock around his neck, and cables, to secure himself to the tree in order to slow construction of the pipeline. Th...
12 Mars 202221min
Murder and a will, fraud by a translator, and a successful family law prototype in Victoria
This week on Legally Speaking with Michael Mulligan: As a matter of public policy, courts will not recognize a benefit accruing to a criminal for his crime. As a result, a murderer cannot collect life insurance or a gift in a will from the person they murdered. A recent BC Supreme Court case considered how the estate of a mother, who was murdered by one of her two adult sons, should be divided. The son, who committed the murder, had a daughter who was born 11 days after the murder. The...
24 Feb 202223min
Issues in the criminal contempt prosecutions from Fairy Creek and a default judgment for defamation
This week on Legally Speaking with Michael Mulligan: More than 400 people are being prosecuted for criminal contempt arising from alleged breaches of an order from the BC Supreme Court that prohibits people from obstructing logging at Fair Creek. This has resulted in some logistical issues with large numbers of accused people requiring legal advice prior to entering pleas and fixing dates for trial or sentencing. Following the Stanley Cup riots, Legal Aid BC developed a mass arrest...
17 Feb 202222min
UN Rights of Indigenous People and child protection legislation and the Crown Counsel Association contract
This week on Legally Speaking with Michael Mulligan: The first case discussed on the show involved three First Nations Children who were brought to BC from Saskatchewan to live with their grandmother. The parents of the children were unable to care for them because of ongoing alcohol and substance abuse. Shortly after they arrived the grandmother found marijuana in the effects of one of the children who was a nine-year-old girl. The girl clearly had a very challenging background. The judge...
11 Feb 202222min
Provincial Court report, SCC and a strip search, and a 6 year fentanyl sentence
This week on Legally Speaking with Michael Mulligan: The Provincial Court in British Columbia handles 95% of criminal cases, as well as many family law cases, youth, small claims, and ticket disputes. The 2020 / 2021 annual report from the court is discussed on the show. Significant changes during this time include that 77% of all appearances in Provincial Court were technology-enabled: at least one party appeared remotely. To facilitate the COVID-19 motivated increase remote appearances...
9 Feb 202222min
Teal Cedar Products Ltd. vs the Rainforest Flying Squad in the BCCA and a strata dispute over a shared BMW
This week on Legally Speaking with Michael Mulligan: The BC Court of Appeal allowed an appeal by Teal Cedar extending an injection against people attempting to physically prevent the company from logging. The original interim injunction was not renewed by a judge because of concerns with respect to how the RCMP was enforcing the injunction and the fact that the conduct of the people attempting to physically prevent logging also constituted criminal offences that could be prosecuted wi...
27 Jan 202221min
Mental health and the criminal law, a PLTC judicial review, and a police officer dismissal upheld on appeal
This week on Legally Speaking with Michael Mulligan: An appeal by a 13-year-old girl who was found to be not criminally responsible as a result of a mental disorder (NCRMD) provides insight into how criminal law deals with mental illness. The girl in question was described as having a childhood that was troubled: a history of neglect, a family history of substance use, mental health issues and suicides. She had been receiving assistance for her mental health since she was eight years old a...
21 Jan 202222min
Arrests for blocking a highway and an appeal due to a failure to disclose evidence
This week on Legally Speaking with Michael Mulligan: Recently, small groups of protesters have been intentionally blocking highways to get attention for their cause and to compel the government to meet various demands. So far, police have exercised restraint and have attempted to persuade the protesters to move before arresting them. The police are not, however, required to wait any period of time before arresting people who are committing a criminal offence. As discussed on ...
14 Jan 202221min
