Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
Most criminal offences in Canada involve prohibitions on doing things that would harm others. It is rare that the criminal law will require someone to do something.
An exception to this is the offen…
What if you found yourself at the receiving end of a judicial system, prosecuted for a fatal accident with no evidence of intoxication, excessive speeding, or aggressive driving? This is the tragic r…
The Supreme Court of Canada has upheld the double murder conviction for a man who insisted on representing himself at trial. He was so disruptive that the trial judge removed him from the courtroom …
Starting in 2012, the Gabriola Island Local Trust started a legal effort to have an elderly couple remove a seawall that protects their waterfront property because it was less than 30 meters from the…
The episode begins by discussing the decision to discontinue a prosecution arising from a Nanaimo business owner who gets shot after trying to retrieve his stolen property from a homeless camp.
Crown…
In British Columbia, it's illegal to produce milk and sell it to anyone other than the Milk Marketing Board.
The Milk Marketing Board sets wholesale prices, intended to guarantee a profit for milk fa…
Do you ever wonder what happens when a small claims lawsuit is baseless?
Unlike in Supreme Court, judges cannot award costs to the successful party in Small Claims Court.
Costs are intended to both c…
For most of Canada's history, vagrancy was a criminal offence.
While the wording of the vagrancy laws changed from time to time. As of 1972, there were two different forms of vagrancy.
The first form…
Do you know the ins and outs of the Residential Tenancy Act? Join us for an enlightening conversation with Barrister and Solicitor Michael Mulligan as we uncover a recent court decision involving cha…
A man who denied being a human being or being subject to laws turned a wrestling match with RCMP officers into a year in jail for contempt of court following days of nonsense arguments, interruptions…
Can you really sue a judge if you're wrongfully convicted? This episode unpacks the intriguing case of a man who attempted to do just that after his conviction was overturned. We dive into the legal …
This week on Legally Speaking with Michael Mulligan:
What does Canada's Bill C-48 mean for the future of the bail system, and does it truly address the issue of crime and social disorder? Join us for …
This week on Legally Speaking with Michael Mulligan:
What's the secret to unlocking more housing supply in municipalities like Oak Bay, Victoria, and Sanich? Today, we uncover the implications of BC G…
This week on Legally Speaking with Michael Mulligan:
Only a tiny percentage of contracts ever end up in court. This is because contracts are intended to be agreements both parties wish to enter.
If, f…
This week on Legally Speaking with Michael Mulligan:
The Supreme Court of Canada has created a new, very high hurdle for a judge to dismiss applications in criminal cases summarily without allowing th…
This week on Legally Speaking with Michael Mulligan:
In 2013, a 28-year-old babysitter, and mother of four, was charged with murder when a 19-month-old drowned in a bathtub.
The case against her was b…
This week on Legally Speaking with Michael Mulligan:
For many years, the BC government has paid all lawyers working for it on the same basis as contracts negotiated by the union representing Crown Cou…
This week on Legally Speaking with Michael Mulligan:
A third charge approval review, ordered by David Eby, comes to the same conclusion as the first two: there is no basis for money laundering charges…
This week on Legally Speaking with Michael Mulligan:
Unlike in the United States, where property rights are constitutionally protected, there is no similar protection in the Canadian Charter.
Various …
This week on Legally Speaking with Michael Mulligan:
Following 7 days of hearings, with 79 pages of notices of application, responses to applications, and pleadings, 13 affidavits totalling more than …