This week on Legally Speaking with Michael Mulligan: Recently, small groups of protesters have been intentionally blocking highways to get attention for their cause and to compel the government to meet various demands. So far, police have exercised restraint and have attempted to persuade the protesters to move before arresting them. The police are […]
This week on Legally Speaking with Michael Mulligan: Mediation efforts to resolve civil or family disputes are typically treated as being confidential and can’t be referred to if the case winds up in court. The reason for this is to permit candid discussions and compromise that result in disputes settling before going to trial. […]
This week on Legally Speaking with Michael Mulligan: The approval of COVID-19 vaccines for children ages 5 – 11 has resulted in family law disputes between separated parents who disagree about getting their children vaccinated. A number of these cases have now been litigated, across Canada, and the consistent outcome has been for court […]
This week on Legally Speaking with Michael Mulligan: There are two kinds of Mischief offences in the Criminal Code: Mischief, and Public Mischief. Mischief is defined and prohibited by section 430 of the Criminal Code. This section makes it an offence to, amongst other things, damage or destroy property or to interfere with the […]
This week on Legally Speaking with Michael Mulligan: The previous Conservative federal government added numerous mandatory minimum jail sentences to the Criminal Code and Controlled Drugs and Substances Act. While they have failed to deter crime, they have contributed to the disproportionate number of indigenous and Black Canadians in jail. Indigenous Canadians represent approximately […]
This week on Legally Speaking with Michael Mulligan: The BC Court of Appeal recently allowed a sentence appeal by the Crown and converted a two-year conditional sentence, sometimes called house arrest, into a regular jail sentence for a bookkeeper convicted of defrauding her employer. Because the bookkeeper had a previous conviction for similar behaviour […]
This week on Legally Speaking with Michael Mulligan: The obstruction of roads and highways has become an increasingly common method of protesting various things. As discussed on the show, blocking or obstructing a highway, and in so doing, preventing anyone from doing anything they have a right to do, is a criminal offence pursuant […]
This week on Legally Speaking with Michael Mulligan: More than three days after flooding caused massive damage in BC, the provincial government declared an emergency pursuant to the Emergency Program Act. The emergency declaration lasts for up to 14 days and can be renewed. Pursuant to the authority this affords, the provincial government has […]
This week on Legally Speaking with Michael Mulligan: A senior Saanich Police Officer was fired after the Police Complaints Commissioner confirmed a finding that he had committed 14 counts of Deceit as well as Discerptible Conduct and Neglect of Duty for falsifying the recertifications of other officers as Drug Recognition Experts. The fake recertification […]
This week on Legally Speaking with Michael Mulligan: Who is in jail and why? In Canada, the responsibility for jailing adults is divided between the federal and provincial governments. The federal government is responsible for penitentiaries, where people serve sentences longer than two years. The provinces are responsible for jails for people serving shorter […]
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