This week on Legally Speaking with Michael Mulligan: The former Clerk of the BC Legislative Assembly, Craig James, was successful in having one of the charges he was facing dismissed. Mr. James was charged on a six-count direct indictment. To be charged by direct indictment, either the Attorney General or Deputy Attorney General need to […]
This week on Legally Speaking with Michael Mulligan: The City of New Westminster cancelled a meeting room rental that had been booked by The Redeemed Church of God for a “Youth Conference”. The City of New Westminster has a booking policy that “restricts or prohibits user groups if they promote racism, hate, violence, censorship, […]
This week on Legally Speaking with Michael Mulligan: A City of Victoria Councillor was caught on video offering money to a tow truck driver and arguing with an RCMP office, in an unsuccessful attempt to dissuade the tow truck driver from removing cars associated with a logging blockade that has been enjoined by a […]
This week on Legally Speaking with Michael Mulligan: After accepting $40,000 for expenses, a surrogate mother is asking to be declared the mother of a four-year-old, and obtain access to the child, on the basis that she claims to have become pregnant as a result of an affair with the child’s father, rather than […]
This week on Legally Speaking with Michael Mulligan: In 1976, when Canada eliminated the death penalty for murder, the compromise was a mandatory life sentence for people convicted of murder. One of the circumstances where mandatory life sentences can result in an excessively long period of time in jail is for people who are […]
This week on Legally Speaking with Michael Mulligan: Budway, a Vancouver marijuana store, has been using a logo similar to the Subway sandwich logo. Budway also had a mascot in the form of a submarine sandwich filled with cannabis leaves, with bloodshot, half-open eyes. Subway sued Budway, alleging various breaches of the Trademarks Act. […]
This week on Legally Speaking with Michael Mulligan: The BC Supreme Court has inherent jurisdiction to control its own process. This includes the authority to find people who breach court orders to be in contempt. The purpose of this is to uphold the rule of law. The rule of law requires people to comply […]
This week on Legally Speaking with Michael Mulligan: Annaca Kobayashi, a 19-year-old woman from Langford, falsely reported to the police that a young man she knows had threatened her with a knife and sexually assaulted her. A police investigation, including a review of a video recording where she claimed to have been threatened with […]
This week on Legally Speaking with Michael Mulligan: Duress is a defence, sometimes referred to as an excuse, for the commission of a criminal offence. The rationale for the defence is the idea of moral involuntariness. These are the requirements for the defence: There must be an explicit or implicit threat of present or […]
This week on Legally Speaking with Michael Mulligan: Many criminal cases are resolved by way of joint sentencing submissions by Crown and defence counsel. This means that the accused person is agreeing to plead guilty and both lawyers have agreed on what the appropriate sentence should be. The Supreme Court of Canada has held […]
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