Legally Speaking with Michael Mulligan
Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
- Update frequency
- every 6 days
- Average duration
- 22 minutes
- Episodes
- 271
- Years Active
- 2019 - 2025
Bill C-21 unintended consequences, no fault and a highway blockade injury and a search warrant quashed
This week on Legally Speaking with Michael Mulligan:
Bill C-21 proposes various amendments to the Criminal Code and Firearms Act to restrict gun ownership.
One part of the legislation is a proposal to…
An ex-wife attempt to get control over a trust and a financial advisor claims a marriage-like relationship with a client
This week on Legally Speaking with Michael Mulligan:
When the divorced father of an adult child with learning disabilities was diagnosed with terminal cancer, he established a trust with $750,000 to p…
150 years or parole ineligibility cruel and unusual and a credit card class action settlement
The week on Legally Speaking with Michael Mulligan:
The Supreme Court of Canada has found that making people ineligible to even apply for parole for 150 years is cruel and unusual punishment.
In 1967 …
The right to a trial in English or French and the BC Legislative Clerk not guilty of most charges
This week on Legally Speaking with Michael Mulligan:
Section 530 of the Criminal Code provides a right to a trial in either English or French. It also requires a judge or justice “before whom an accus…
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 re…
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 18…
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 commi…
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 fractu…
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, wit…
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 a…
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 …
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 n…
A trust saves half a house, contempt stay application not screened out, and a warrantless whisky seizure
This week on Legally Speaking with Michael Mulligan:
Equity is a body of law that was originally developed in the English Court of Chancery. It was distinct from the common law, prior to English refor…
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 pl…
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…
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 …
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.…
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.…
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 log…
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 c…