$20,000 award for an unlawful arrest for not holding a handrail, what can breach your ICBC coverage, and Law Society rules for lawyers making public statements

Listen on Apple Podcast Police officers in Montreal believed that a warning picture on an escalator, suggesting that people hold the handrail, made this a legal requirement. The police officers ordered a woman to hold onto the handrail and, when she refused, they arrested her, placed her in handcuffs, searched her purse, and issued her […]

Three parents on birth registration, sentencing where facts are disputed, and a $600,000 judgement when house purchase not completed

Listen on Apple Podcasts  What’s required for three people to be listed as parents on birth certificates, for children of a same-sex couple, who were conceived with sperm from a friend, who also wished to participate in raising the children? The British Columbia Family Law Act attempts to contemplate a wide range of modern scenarios, […]

Religious oaths in court, a poisoned blueberry farm, and Police Act staffing requirements

Listen on Apple Podcasts In British Columbia witnesses who are testifying in court are required to choose between swearing a religious oath, or making an affirmation, to tell the truth. Children under 14 are only asked to promise to tell the truth. The origin of oaths, to tell the truth, was a belief that divine […]

Education removed from list of essential services prior to the Saanich school strike, funding for poverty law clinics, and litigation over law school naming rights

Listen on Apple Podcasts With Saanich schools closed for a third week as a result of a strike, 2019 amendments to the Labour Relations Code are discussed. These amendments removed a specific provision that declared “the provision of educational programs for students and eligible children under the School Act” to be an essential service. This […]

Saanich School Strike and Labour Relations Code Essential Service Designation, Criminal Code Limitation Periods and a Class Action for Credit Union Overdraft Charges

Listen on Apple Podcasts After almost two weeks Saanich schools are still closed as a result of a strike by support staff. Support staff are seeking a wage increase to match other school districts. The support staff ended up with lower salaries as a result of past contracts that provided for greater benefits, instead of […]

Foreign Buyers’ Tax discrimination and unconstitutional limits on experts in ICBC cases

Listen on Apple Podcasts Canada and British Columbia have a very unfortunate history of racist legislation intended to restrict Chinese immigration. This includes the Chinese Immigration Act (1885), which imposed a head tax, the Opium Act (1908) which was passed following anti-Asian riots in 1907 that involved destruction in Vancouver’s Chinatown as well as Japanese […]

Publication Bans, Judicial Recounts, Extradition, and Distracted Driving by an Interlock Device

Topics Discussed: A new BC Supreme Court policy concerning bans on publication and closed courtrooms permits automatic notification of applications for the media as well as a web site listing publication bans, to make it easier to determine if there is a publication ban is in place. Judicial Recounts: what is required for an automatic, […]

Diplomatic Immunity, Parking Immunity, and Legal Aid Funding

  Legally Speaking with Michael Mulligan Diplomatic Immunity – The wife of a US diplomat killed a British teenager in a car accident but was able to avoid prosecution and leave the UK as a result of diplomatic immunity. Topics discussed include the Vienna Convention on Diplomatic Relations and how this is implemented in Canada. […]

An illegal arrest of a protester, a judge shooting himself in a courtroom, and a vacation rental injunction

Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070. A new Supreme Court of Canada case, Fleming v. Ontario, concluded that the police did not have the authority to arrest a protester who was carrying a Canadian flag and walking down the road, in order to avert a possible, future, disruption. The police officers […]

Federal Offender Security Clarification overrides, a Death Midwife, and NCRMD findings

  Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070 Issues discussed include overrides of federal prisoner security classifications which result in inmates classified as medium security, being transferred to minimum security institutions. This was an issue recently as a result of two inmates escaping from the William Head Institution, which is a minimum-security […]