Bail has become the go-to explanation for everything people hate about crime and disorder, but the law is more stubborn than the politics. We sit down with Michael Mulligan to sort out what Bill C-14 actually does, what it cannot do because of the Charter, and why the presumption of innocence and section 11(e) […]
Should Government Be Able To Rewrite The Rules For The Law Society?
/in Legal News /by mtp_adminGovernment changing the rules for how lawyers are regulated sounds technical until you ask one blunt question: can a legal system stay fair if the bar is not independent from the state? We dig into British Columbia’s Bill 21 (the Legal Professions Act) and the ongoing court challenge over whether the independence of the […]
Fairness On Cross-Examination
/in Legal News /by mtp_adminOne missing question can be the whole appeal, and that’s where we start. We walk through a B.C. Court of Appeal decision arising from a judge-alone second-degree murder trial where the accused admits indignity to human remains but denies murder, claiming an accidental death during consensual sex and blaming memory gaps on intoxication. The […]
When Judges Meet Generative AI
/in Legal News /by mtp_adminA judge relying on AI that invents case law is the stuff of nightmares, but it already happened, and Quebec’s courts are responding. We walk through brand-new guidance aimed at keeping generative AI out of the core judicial function while still acknowledging that the tools are everywhere. The key idea is simple: judges can’t […]
Why Victoria Sees So Many Out Of Province Warrants
/in Legal News /by mtp_adminSomeone can’t outrun the Criminal Code by crossing a provincial line, so why does it sometimes feel that way in Victoria? We dig into the real mechanics of out-of-province warrants in British Columbia, including when a warrant applies Canada-wide and when it needs a local endorsement under section 528 of the Criminal Code. Then we […]
Equal Leave, Unequal Impact
/in Legal News /by mtp_admin“Everyone gets the same benefit” sounds like the definition of fairness until you look at who gets squeezed when the rules change. We start with a Surrey teachers’ parental leave top-up dispute that has taken a surprising turn: adoptive parents argue that equal top-up pay can still be discriminatory because adoption can bring immediate, […]
Forced Treatment And The Charter
/in Legal News /by mtp_adminA government can detain someone for mental health reasons, but can it also force treatment without first asking a harder question: are they actually capable of deciding for themselves? We walk through a major British Columbia decision on involuntary treatment under the Mental Health Act, where the court finds a section 7 Charter breach […]
Defamation And The Law Society
/in Legal News /by mtp_adminOne word can change everything when it comes from a legal regulator. We dig into the BC Law Society’s mandatory Indigenous education course, the controversy over how it described the Kamloops Residential School site, and why some lawyers pushed to add a qualifier like “potential” when claims have not been independently confirmed. When that […]
Bill C-14 And What Bail Can Not Fix
/in Legal News /by mtp_adminBail has become the go-to explanation for everything people hate about crime and disorder, but the law is more stubborn than the politics. We sit down with Michael Mulligan to sort out what Bill C-14 actually does, what it cannot do because of the Charter, and why the presumption of innocence and section 11(e) […]
From UBC Sticker Defamation To GST Liability To Work From Home Rights
/in Legal News /by mtp_adminA campus sticker dispute, a GST mistake that snowballs for years, and a pre-COVID work-from-home fight all end up in the BC Court of Appeal, and the common thread is proof. We walk through a defamation claim tied to “I Heart Hamas” stickers attributed to a UBC social justice group and explain the first […]
When Police Records Disappear
/in Legal News /by mtp_adminA province says a police misconduct record is sealed and destroyed. The Supreme Court of Canada says a fair trial can’t work that way. We walk through a major ruling on criminal disclosure and why it matters when an investigating officer’s credibility is on the line, especially where past discipline involves dishonesty or reliability […]