Settlement exception for family mediation, award for dismissal of Caucasian employees and ex-pizza partner competition
This week on Legally Speaking with Michael Mulligan: Mediation efforts to resolve civil or family disputes are typically treated as being confidential and can’t be referred to if the case winds up in court. The reason for this is to permit candid discussions and compromise that result in disputes settling before going to trial. A recent Supreme Court of Canada case considered the admissibility of a “summary of mediated agreement” that was prepared following the mediation of a family law di...
31 Dec 202121min
Child vaccine legal disputes and gross negligence for not vaccinating all teachers
This week on Legally Speaking with Michael Mulligan: The approval of COVID-19 vaccines for children ages 5 – 11 has resulted in family law disputes between separated parents who disagree about getting their children vaccinated. A number of these cases have now been litigated, across Canada, and the consistent outcome has been for court orders permitting the children to be vaccinated, despite the objection of one parent. On the show, one of these cases is discussed which involved two chil...
26 Dec 202120min
Mischief vs. Public Mischief, Counselling an offence, and the Parity Principle
This week on Legally Speaking with Michael Mulligan: There are two kinds of Mischief offences in the Criminal Code: Mischief, and Public Mischief. Mischief is defined and prohibited by section 430 of the Criminal Code. This section makes it an offence to, amongst other things, damage or destroy property or to interfere with the lawful use, operation or enjoyment of property. This section applies if someone wilfully damages property by, for example, spray painting graffiti on a wall o...
16 Dec 202121min
Bill C-22 minimum sentences, Esquimalt Police civil claim, and the secrecy of jury deliberations
This week on Legally Speaking with Michael Mulligan: The previous Conservative federal government added numerous mandatory minimum jail sentences to the Criminal Code and Controlled Drugs and Substances Act. While they have failed to deter crime, they have contributed to the disproportionate number of indigenous and Black Canadians in jail. Indigenous Canadians represent approximately 5 percent of the population but are 30 percent of federal prisoners. This is double the percentage from twe...
9 Dec 202122min
Bookkeeper fraud sentence appeal, MS Teams court decorum, and the General Anti-Avoidance Rule
This week on Legally Speaking with Michael Mulligan: The BC Court of Appeal recently allowed a sentence appeal by the Crown and converted a two-year conditional sentence, sometimes called house arrest, into a regular jail sentence for a bookkeeper convicted of defrauding her employer. Because the bookkeeper had a previous conviction for similar behaviour and was acting in a position of trust, the two-year jail sentence was not surprising. A theft or fraud committed by someone in a position...
6 Dec 202121min
Highway obstruction is a criminal offence, Ministerial Order for gas vs. economics, and the last cannabis sentence
This week on Legally Speaking with Michael Mulligan: The obstruction of roads and highways has become an increasingly common method of protesting various things. As discussed on the show, blocking or obstructing a highway, and in so doing, preventing anyone from doing anything they have a right to do, is a criminal offence pursuant to section 423 (1) (g) of the Criminal Code. The office is punishable by a maximum of five years in jail. Section 2 of the Charter permits “freedom of thought...
25 Nov 202123min
BC Emergency Program Act, a damaged couch, and the SCC on sentencing ranges
This week on Legally Speaking with Michael Mulligan: More than three days after flooding caused massive damage in BC, the provincial government declared an emergency pursuant to the Emergency Program Act. The emergency declaration lasts for up to 14 days and can be renewed. Pursuant to the authority this affords, the provincial government has restricted travel on damaged highways and has limited consumers to purchasing no more than 30 liters of fuel at a time. The provincial government...
21 Nov 202121min
Saanich Police Officer fired for fake drug recognition recertifications, no SCC for Highlands mine and a firing during COVID
This week on Legally Speaking with Michael Mulligan: A senior Saanich Police Officer was fired after the Police Complaints Commissioner confirmed a finding that he had committed 14 counts of Deceit as well as Discerptible Conduct and Neglect of Duty for falsifying the recertifications of other officers as Drug Recognition Experts. The fake recertification of other officers as Drug Recognition Experts would have permitted them to test people suspected of driving under the influence of drugs. T...
12 Nov 202116min
