British Columbia's legal system faces a seismic shift with Bill 21, a move that could rock the bedrock principle of lawyer independence. As the government nudges its way into the Law Society's boardroom, we're left pondering: will the scales of justice tilt in favour of those in power? This episode pulls back the curtain on the potential repercussi…

Embark on a journey through Canada and New Zealand's legal intricacies with Michael Mulligan from Mulligan Defense Lawyers as we dissect how these common law cousins approach justice, representation, and the battle against drugs. You'll be captivated by our discussion highlighting the disparities in Indigenous peoples' representation in the prison …

Discover the fate of legal independence in British Columbia as Michael Mulligan from Mulligan Defence Lawyers lends his expertise to the latest legal system 'modernization' attempts. This week's episode pulls back the curtain on the government's controversial plans to revamp the Law Society of British Columbia, including a reduction in elected lawy…

Discover the intricate dance of legality and medicine as we sit down with Barrister and Solicitor Michael Mulligan from Mulligan Defense Lawyers, dissecting a lawsuit that could transform the landscape of healthcare in British Columbia. The Society for Canadians Studying Medicine Abroad, representing future doctors trained overseas, is challenging …

Understand the groundbreaking shift in digital privacy through an engaging conversation with Michael Mulligan of Mulligan Defence Lawyers as we dissect a recent Supreme Court of Canada judgment. The verdict is reshaping how we perceive privacy concerning our IP addresses, which, as it turns out, are windows into our personal lives and not just inno…

Discover the thin line between lawful investigation and constitutional breaches with our expert Michael Mulligan from Mulligan Defense Lawyers. We dissect a murder case where evidence handling sparked controversy and an acquittal that left many questioning the integrity of the investigation. Dive into a profound discussion on the procedural misstep…

Have you ever grappled with the intricate workings of the legal system or wondered how an ordinary person can fare against its complexities? Michael Mulligan from Mulligan Defense Lawyers joins us to unpack a gripping small claims court drama where a patient fearlessly faces a dentist over accusations of negligence. Walk through the courtroom doors…

Unlock the secrets of safeguarding your last wishes with a captivating narrative from Quadra Island, where an elderly lady's lost will sets off a legal firestorm over the presumption of destruction. As I narrate this tale of vanished legacies, you'll discover the critical importance of not only crafting a meticulous will but also ensuring its safek…

From the sanctified grounds of religious buildings to the surprising sanctuaries for fruit trees and bomb shelters, we probe the public policy implications when specific properties are relieved from bearing the tax burden, leaving others to shoulder the financial weight. Our discussion navigates the murky waters of the Rural Area Taxation Act, shed…

Discover the far-reaching consequences of proposed changes to the Land Act in BC. With 94% of BC's land owned by the Crown, changes that would afford First Nations groups veto power over land use decisions could have a profound impact on how the province is governed. The provincial government's attempt to make the changes without a transparent cons…

Unravel the complexities of Canadian law with barrister and solicitor Michael Mulligan, as he clarifies a major court decision on the government's use of the Emergencies Act during the 2022 trucker protest. Grasp the intricacies of why the court found this move both unreasonable and unconstitutional, and how it could signify a turning point for civ…

This episode brings to the forefront the delicate balance between activism and legality, alongside the intricate nature of estate planning. The discussions offer invaluable insights for anyone interested in how the legal system addresses these often contentious issues. We are also introduced to animal rights protesters who took drastic measures to …

Navigate the complexities of landlord-tenant relationships with the expertise of Barrister and Solicitor Michael Mulligan from Mulligan Defense Lawyers, who joins us to unravel a contentious case where legal procedures and personal rights collide. As we dissect the Duncan case, you'll gain an understanding of how a simple notice for personal occupa…

Dive into the heart of British Columbia's drug policy transformation with the sharp legal insight of Michael Mulligan from Mulligan Defense Lawyers. Unravel the threads of the decriminalization initiative and the controversial exemption sparking debate from the streets to the courtroom. Amidst the policy shifts, we scrutinize the troubling uptick i…

Navigating the intricate labyrinth of inheritance law, Michael Mulligan from Mulligan Defense Lawyers illuminates the conflicts that can ensnare beneficiaries doubling as executors of wills. Our conversation scrutinizes the importance of meticulous estate planning and the often-overlooked wisdom of appointing an impartial executor. We dissect a com…

When it comes to understanding the intricate legalities surrounding car accidents and insurance monopolies, there's no better guide than Michael Mulligan from Mulligan Defence Lawyers. In a revealing podcast episode, Mulligan elucidates murky financial arrangements at the Insurance Corporation of British Columbia (ICBC), a Crown corporation with a …

We started by discussing a captivating case from Central Saanich, a family farm at the center of a contentious legal dispute over tree protection bylaws. As we delved deeper into the case, we questioned the extent of the Community Charter's power on municipalities and whether farming should be classified as 'development'. Understanding the limitati…

Ever wondered about the potential pitfalls of inadequate paperwork and the enforceability of oral agreements? Well, buckle up! We've got Michael Mulligan, a seasoned Barrister and Solicitor, guiding us through some intriguing legal scenarios that just might make you rethink your decisions. We unpack a fiery dispute between two brothers over their m…

We start the episode by discussing the federal government's attempt to ban various plastic items. The ban was met with constitutional challenges from the Responsible Plastic Use Coalition and two provinces, Alberta and Saskatchewan. The federal government tried to classify plastic as 'toxic', a categorization that was deemed unreasonable by the jud…

In our recent podcast episode, we delved deep into the complexities of the British Columbia (BC) Constitution Act, focusing on the potential reasons a member of the legislative assembly (MLA) could forfeit their seat. These reasons can range from absenteeism and allegiance to foreign powers to dual citizenship and serious criminal convictions. The …

In British Columbia, the Crown Counsel Association negotiates wages, salary hours or work, and working conditions for Crown Counsel. In 2018, the BC government decided to have Crown Counsel, rather than the police, conduct bail hearings at night and on weekends. Rather than negotiating with the Crown Counsel Association, the BC government made a un…

Many professions such as doctors, engineers, and architects are regulated to ensure that people providing services to the public are properly trained and competent to practice. The need for this is clear: you want to ensure people receive good medical care and the buildings and bridges don't fall down. The regulation of lawyers has this objective a…

Get ready to plunge into the riveting world of legal complexities as we welcome Michael Mulligan, a seasoned barrister and Solicitor, to our podcast. Packed with insights and thought-provoking perspectives, we'll unravel the collateral consequences of committing an offence and the intricate aspects of third-party records in criminal cases. Mulligan…

Who says law and property rights can't be riveting? Brace for a legal deep dive unravelling the complexities of the Short Term Rental Accommodations Act in British Columbia. It's not every day you get to compare it to governmental property seizure, but we dare to tread those intriguing waters. We pick apart the legal precedents for compensation in …

Join us this week where we'll be opening the vault of Canada's legislative past with legal expert Michael Mulligan. Trust us, you won't want to miss this deep dive into the controversial British Columbia Heroin Treatment Act of 1979. Together, we'll unravel the context of the Opioid Crisis of the late 70s and today, investigating the eerily similar…

Do you feel like you’re reading a different language when you look at legal documents? You’re not alone. We’ve brought in legal expert Michael Mulligan to decipher Bill 34, the Restricting Public Consumption of the Legal Substances Act, and it’s not what you’d expect. This piece of legislation doesn't public drug use anywhere unless someone is firs…

Strap in for a thrilling conversation with Barrister and Solicitor, Michael Mulligan, as we navigate the tricky terrain of family law and indigenous governance. Curious about how the court defines a 'spouse' and how that affects child support? We dissect a case of a former stepfather, compelled to shoulder significant monetary responsibilities for …

This week on Legally Speaking with Michael Mulligan: Before the introduction of mandatory no-fault ICBC insurance in May of 2021, if someone was killed in a motor vehicle accident, the deceased's family could sue the person responsible for the accident to receive compensation for at least the financial loss of a loved one. This typically occurred w…

Buckle up for a wild ride as we navigate the intricacies of some fascinating legal cases on Legally Speaking with Michael Mulligan. He's a barrister and solicitor at Mulligan Defence Lawyers. First up, a woman, her guinea fowl, and a bylaw that isn’t as black and white as it seems. Discover how this fascinating case hinged on the interpretation of …

This week on Legally Speaking with Michael Mulligan: An analysis of various policy proposals the BC United Party issued concerning the criminal justice system. The proposals include hiring additional police and Crown, ending the decriminalization of drugs, funding body cameras for all police, opening more courts, and pursuing civil claims against p…

An application to find a union in civil contempt for breaching an injunction against making noise while picketing at three Vancouver Airport Hotels failed because of the wording of the injunction, which only prohibited noise above 75bBA if made by various specified devices. The evidence demonstrated that the noise was above the prohibited threshold…

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 offence of failing to provide the necessities of life. It is a criminal offence for a list of people, including parents, foster parents, and spouses to not p…

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 reality for a 21-year-old driver with no history of bad driving or criminal record, facing a heart-wrenching sentencing decision. Join us as we unravel …

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 multiple times and then shut off his microphone on the closed video connection he had to the courtroom. The accused in the case would not ask questions …

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 ocean. At a trial of the matter, the Gabriola Island Local Trust lost the case because the judge concluded there was a common-law right to protect pro…

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 Counsel has a duty to only approve and proceed with criminal charges where there is a substantial likelihood of conviction. In the case involving the …

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 farmers, and sets quotas for how much milk a farmer can sell. Farmers who produce more milk than their quota can be required to dump it down the drain. A…

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 cover some of the legal and other expenses related to a court case. They can also encourage the settlement of meritorious claims and discourage needless…

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 of vagrancy made it a criminal offence to beg or be found in a public place without apparent means of support. The second form of vagrancy prohibited …

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 changes to BC's residential tenancy legislation and how an elderly landlord diagnosed with cancer almost found himself responsible for paying former tenan…

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, and refusals to behave in court. Find out more as I tackle the case of Rex vs. A Man Known as Cameron Hardy, and explore the bizarre "Free Man on the…

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 constraints surrounding this scenario and examine Lord Denning's view that judges should be able to make decisions without fear of personal liability. …

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 an eye-opening conversation with Michael Mulligan of Mulligan Defense Lawyers as we dissect the implications of this controversial bill and the revers…

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 Government's Housing Supply Act and what it means for these targeted municipalities. We discuss the process that the government will undergo to set hou…

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, for example, you agree to purchase a home from someone, both you and the seller presumably want to buy and sell the home for an agreed price. Nobody is…

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 the party making the application to call evidence. The case that gave rise to the issue involved an application for a stay of proceedings brought by two…

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 based on the opinion of a pathologist who alleged that “there is no benign explanation” for injuries sustained by the child and that the child had “ext…

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 Counsel. Recently the government decided to stop doing this. That decision likely increased support for the rest of the lawyers to sign up to join the BC…

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 arising from a large RCMP investigation into cash or casino chips being provided to high-stakes Chinese gamblers. A long-running public inquiry, also…

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 provinces, including British Columbia, have set up civil forfeiture regimes that permit property to be seized absent any criminal conviction. Civil fo…