Experience an insightful journey through the complexities of the electoral process and the justice system with Michael Mulligan, Barrister and Solicitor at Mulligan Defence Lawyers. Ever wondered how a mere 27-vote difference can trigger a full judicial recount? This episode unravels the meticulous choreography behind recounts in the Surrey-Guilford Electoral District. Michael sheds light on how transparency and voter privacy are harmonized, the role of media in maintaining public confidence,...

Discover the serious legal ramifications of fleeing from justice in our latest episode, where we promise to unravel the complexities of absconding from trial and inter-jurisdictional disputes. Join us as we dissect a compelling case from Canada involving a woman who, after facing charges of forging a passport application, fled to India mid-trial, leading to her conviction in absentia. Her attempts to appeal while abroad were denied. We also navigate the nuanced world of easements in British C...

Get ready to uncover the intricacies of the legal system with Michael Mulligan from Mulligan Defence Lawyers as we dissect a fascinating case of breach of trust theft. Ever wondered why embezzling from an employer gets a harsher sentence than other types of theft? This episode promises to enlighten you on the significant emphasis courts place on general deterrence, especially when trust is violated. We break down the sentencing, guilty pleas, and the crucial distinction between serving time i...

What happens when a wealthy business owner disappears without a trace, leaving behind a tangled web of allegations, destroyed property, and unanswered questions? Join us as we explore this real-life mystery with expert insights from barrister and solicitor Michael Mulligan of Mulligan Defence Lawyers. We journey through the intricacies of the Presumption of Death Act, examining a case where millions in life insurance hinge on the final determination of a man's fate. From the eerie aftermath o...

Ever wondered how a judicial recount can flip an election result on its head? Join us as Michael Mulligan, a seasoned barrister and solicitor with Mulligan Defence Lawyers, unravels the complexities of vote counting and recounts in Canadian elections. You'll gain unique insights into the procedures that follow the so-called "final count" and the very narrow margins that necessitate a mandatory recount. With captivating examples from the 2020 BC election and earlier federal contests, Michael i...

Unlock the secrets of British Columbia's electoral process as we journey through the intricacies of the Election Act with the knowledgeable Michael Mulligan from Mulligan Defence Lawyers. We'll explore how the act paves the way for an inclusive voting experience, spotlighting innovative measures like tele-assisted voting for individuals with disabilities and accommodations for voters with mobility challenges. The episode reveals how the integrity of our elections is upheld through systems tha...

Can you really shoot a dog to save your chickens? We unravel this legal conundrum with the expert insights of Michael Mulligan, a seasoned barrister and solicitor from Mulligan Defence Lawyers. Mulligan helps us dissect the latest criminal justice reform proposals from the BC election campaign, including the prospect of hiring more sheriffs and judges to alleviate court backlogs. Together, we weigh the importance of a comprehensive strategy that also considers the roles of Crown counsel, cour...

What happens when a seemingly straightforward hunting trip turns into a legal conundrum over age determination and strict liability offences? Join us as we unpack the captivating case of the Massey Ram. Michael Mulligan from Mulligan Defence Lawyers sheds light on how hunters can find themselves in hot water under the Wildlife Act, and why counting horn annuli is not as straightforward as it seems. We unravel the complexities of distinguishing between criminal and strict liability offences an...

Can we really ensure the safety and dignity of elderly care facility residents when young adults with severe mental health and addiction issues are placed among them? This episode exposes the unsettling reality in Victoria and Nanaimo, where vulnerable elderly individuals share long-term care homes with younger adults facing significant challenges. We break down the legal ramifications, analyze the Resident's Bill of Rights, and reveal shocking staff reports of drug use, violence, and inadequ...

Are machetes the next weapon to be banned in Canada? Join us as we dissect the provincial NDP Attorney General's request to the federal government following a tragic attack in Vancouver. We'll scrutinize the effectiveness of recent bail reforms and explore the peculiarities of Canada's current weapon prohibitions, including some surprising bans on items like nunchucks and certain missile launchers. Additionally, we delve into the federal government's controversial firearm buyback program, que...

Curious about the legalities that surround everyday mishaps? Join us as we explore these fascinating topics with Michael Mulligan, a seasoned Barrister and Solicitor from Mulligan Defence Lawyers. We kick off by dissecting a real-life incident where a woman sustained serious injuries after tripping in a pothole at a 7-Eleven parking lot. Michael offers a deep dive into the Occupiers Liability Act in British Columbia, emphasizing the critical need for a reasonable system of inspections and mai...

Discover the hidden cracks in British Columbia's mental health system as we dissect a recent tragic case in Vancouver that underscores systemic failures. Despite the Mental Health Act's provisions, inadequate resources and treatment facilities have left many vulnerable individuals untreated and homeless. We'll explore the urgent need for proactive measures and discuss how addressing mental health issues is paramount for both public safety and humane treatment.Is the bail system in BC failing ...

Can changing bail laws solve the epidemic of drug addiction and mental illness plaguing British Columbia? Join us as Michael Mulligan challenges the status quo, making the case that the province's focus on bail reform is a misstep. Instead, Mulligan argues for a more holistic approach that prioritizes comprehensive treatment resources to tackle the roots of criminal behavior. Through a critical analysis of current policies, we uncover why simply altering the bail system won't lead to a signif...

Ever wondered how a simple oversight can cost thousands in the legal world? Join us in this episode of Legally Speaking as we examine a pivotal case in the Canadian criminal justice system where the Crown's failure to hand over essential police notes in an impaired driving case led to a hefty financial penalty. We delve into the consequences of this negligence, including a rare ruling for costs on appeal, highlighting the critical importance of complete and timely disclosure in ensuring justi...

Ever wondered how far the boundaries of solicitor-client privilege extend? Join us in a riveting conversation with Michael Mulligan from Mulligan Defence Lawyers as we explore the critical nuances of wiretaps and lawyer-client communications. Starting with a fascinating case from Saskatchewan, we uncover the story of a lawyer acquitted of obstruction of justice for allegedly tipping off a client about a search warrant. This episode promises an in-depth understanding of the stringent requireme...

What if the justice system could truly hold police accountable? Explore the intricate and troubling case from Prince George, starting with a tragic encounter between an Indigenous man and RCMP officers that led to his death. We'll unravel the story of a bystander's crucial video evidence, its controversial deletion, and the ensuing legal battles that spotlight the need for judicial transparency and independent investigations.Two RCMP officers faced obstruction of justice charges. One officer'...

How can courtroom chaos lead to a year-long prison sentence being overturned? Discover the riveting story of a man's disruptive behaviour during his trial that led to a contempt conviction. Find out why his relentless pseudo-legal arguments and interruptions didn't hold up as the Court of Appeal stepped in to reverse the decision. We break down the different forms of contempt of court, focusing on incidents that occur directly in the courtroom, and explore the fine line between maintaining or...

What happens when a tragic act of violence intersects with mental illness and substance abuse? Join us on Legally Speaking as we unpack the heart-wrenching case of a 25-year-old Indigenous man in Trail, BC, who fatally attacked a 78-year-old stranger. This episode challenges the simplistic narrative of violent acts as mere bail system failures. We scrutinize the court's decision to convict the man of manslaughter instead of murder, shedding light on the significant role his mental state and d...

What happens when the law collides with contentious family decisions and public safety? Join us as we sit down with Michael Mulligan, a barrister and solicitor from Mulligan Defence Lawyers, to dissect a variety of complex legal scenarios. From the stringent criteria required to appeal to the Supreme Court of Canada to a severe sentence handed down in Ontario for driving while disqualified, we explore the heavy legal consequences that can arise from repeated offences. This episode sheds light...

Can employers terminate employees without cause, and what are the legal nuances involved? Michael Mulligan from Mulligan Defence Lawyers to unravel a recent Court of Appeal decision in British Columbia surrounding wrongful dismissal, notice, and an employment contract. We dissect the case of a senior employee from Harbour Air Seaplanes who was let go during the COVID-19 pandemic and examine how the interplay between federal legislation and common law could influence compensation beyond ...

What happens when the right to a fair and public trial clashes with the need to protect informer confidentiality? This episode of our podcast takes you through a riveting journey into the complex world of informer privilege and the right to a transparent judicial process. We scrutinize a landmark Supreme Court of Canada decision involving a secret trial in Quebec, where the Quebec Court of Appeal overturned the conviction due to abuse of process. Michael Mulligan from Mulligan Defence Lawyers...

Can corporations truly safeguard your privacy, or are we all at risk? Join us as we tackle this pressing question with Michael Mulligan from Mulligan Defence Lawyers. In one of the most startling cases in recent memory, we dissect how an employee at the Insurance Corporation of British Columbia (ICBC) sold personal information, resulting in arson and shootings. You'll learn about the class-action lawsuit that followed and the judicial system's decision to award $15,000 per affected individual...

How does a jury decide the value of the emotional and physical toll from a medical misdiagnosis? Join us as we explore a poignant case where a woman was mistakenly diagnosed with breast cancer and underwent unnecessary surgery, leading to a $400,000 jury award. We'll unravel the stringent criteria needed to hold a doctor legally accountable and dissect the often-mysterious process by which juries calculate non-pecuniary damages such as pain and suffering. This segment promises to shed light o...

Could the very pillars of legal independence be shaking in British Columbia? Michael Mulligan, Barrister and solicitor of Mulligan Defence Lawyers, joins us in dissecting the controversial Legal Professions Act. His perspective shines an unflinching light on how this act could threaten the impartiality crucial to our justice system and the public interest. Get ready for a stirring analysis of the government's rush to legislate, the alarm sounded by legal professionals, and the constitutional ...