Confusing COVID-19 orders and a murder appeal vs privilege

  This week on Legally Speaking with Michael Mulligan: A BC Supreme Court Judge describes the BC COVID-19 public health orders as “fraught with inconsistency and ambiguity” and that it’s “not surprising that reasonable people can reasonably disagree about their interpretation and application in any given circumstance.” This case is one of many that have […]

Records in sexual assault cases, forfeiture of bail money, and radar evidence

  This week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has granted the Crown leave to appeal a BC Supreme Court decision that found a new law that required people accused of various sexual offences to provide advance notice of records they wish to rely on to the complaint and Crown […]

Public Health Act enforcement, duty of honest performance, and a solitary confinement class action

  This week on Legally Speaking with Michael Mulligan: Provisions of the British Columbia Public Health Act allow for the enforcement of public health orders by means other than the imposition of fines. If someone is refusing to comply with an order to remain in quarantine or isolation, a judge can issue a warrant for […]

Collecting COVID fines, recounts in BC vs USA and pronouns in court

  Rather than using collection agencies to collect COVID-19 related fines, the province of BC shouldn’t be sending $1,000 COVID-19 benefits to people who have outstanding fines for breaching orders of the Provincial Health Officer. As the payment are gratuitous, they could simply be withheld to pay outstanding fines for breaching orders made pursuant to […]

Joe Arvay – Remembering his contributions from Little Sisters to Hells Angels

  Renowned constitutional lawyer Joe Arvay passed away unexpectedly at the age of 71. Over the course of a remarkable career focused on public interest constitutional litigation he had a profound impact on the lives of many people. A few of the many cases he was involved with are discussed on the show, ranging from […]

Mr. Big confessions, a gesturing juror appeal, and slow notice of COVID-19 at the Surrey courthouse

  Mr. Big investigations involve tricking a suspect into believing they are being recruited into a fictitious criminal organization. Often a large number of undercover RCMP officers are involved. Typically, the undercover police officers will spend months having the suspect perform tasks for the fictitious criminal organization, paying them to do so. Eventually, the suspect […]

Ranch access and human reproductive material after death

  The Douglas Lake Ranch is the largest private landholding in British Columbia. It’s owned by Stan Kroenke, a US billionaire who also owns the NHL’s Colorado Avalanche and the NFL’s L.A. Rams. The ranch has been involved in a legal dispute for years attempting to stop people from using a road the runs through […]

Wrongful conviction for double murder overturned, new family court rules, and medical assistance in dying

  This week on Legally Speaking with Michael Mulligan: In 1983 Tomas Yebes was convicted by a Vancouver jury of murdering his two adopted sons, ages 6 and 7. The conviction was upheld by the BC Court of Appeal and the Supreme Court of Canada. Now, at the age of 77, after having spent a […]

Racetrack zoning, join submissions and vexatious litigants

  This week on Legally Speaking with Michael Mulligan: The Municipality of North Cowichan’s decision to refuse approval for the expansion of the Vancouver Island Motorsport Circuit is found to be unreasonable following a judicial review. At issue was whether a racetrack is a permitted use pursuant to the zoning that is in place. The […]

Protection against cruel punishment not for corporations, no annulment after wedding day separation and ICBC stores 518 acid damages cars

  This week on Legally Speaking with Michael Mulligan: For some legal purposes, corporations are treated like people: they can enter into contracts, own property, engage in litigation, and be charged with committing offences. Some constitutional protections also apply to corporations: the right to be free from “unreasonable search and seizure” and the right to […]