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 […]

Jury deliberations and Special Costs in a disability income case

Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070 Issues discussed include jury deliberations, sequestration, the fact that the substance of jury deliberations are secret in Canada, what information is included in a charge to the jury, information not provided to the jury, including the possible sentence if there is a conviction, and how […]

Legally Speaking – 2 million in cash to be returned and another Trans Mountain Pipeline appeal

  The British Columbia Director of Civil Forfeiture ordered to return $2 million in cash that was seized as part of the largest money-laundering case in BC history, due to misconduct at an ex parte hearing. The decision can be found here and the reasons on the original ex parte hearing here. “The Court must […]

Victoria area woman with Bell’s palsy failing breathalyzer fuels calls for change

Victoria Lawyer Michael Mulligan commenting in Global News story by Richard Zussman. Sober drivers, who are unable to provide breath samples as a result of physical disabilities, are being subjected to fines and driving prohibitions. Mulligan says the change “runs real risk of capturing innocent people” and should be changed to allow people to properly […]