Habeas Corpus, Cocaine Smuggling, and the End of Mink Farming
A fascinating exploration of justice, liberty, and the limits of government power unfolds through three recent BC legal cases. When a minimum-security prisoner at William Head was caught embracing a senior correctional officer, the warden’s decision to transfer him to a higher-security facility backfired spectacularly. The BC Supreme Court ruled the decision “unreasonable,” highlighting how even prisoners retain certain liberties that can’t be arbitrarily removed. The judge particularly noted the warden’s failure to address the significant power imbalance between the inmate and staff member – a consideration that might have led to very different outcomes had gender roles been reversed.
Border security technology stars in our second case, where sophisticated imaging detected 64 kilograms of cocaine hidden in the wall of a semi-trailer truck cab. The driver’s claim of being a “blind courier” unravelled when experts testified that the elaborate hidden compartments would have cost upwards of $60,000 and taken weeks to install – an investment no one would make only to hand the vehicle over to an unwitting driver. The case reveals not only the sophisticated methods of drug detection at the border but also provides expert confirmation that cocaine primarily flows northward from Central America through the US into Canada, contradicting certain political narratives about cross-border drug trafficking.
Our final case demonstrates the limits of property rights in Canada as BC mink farmers lost their final appeal against the government’s pandemic-era decision to permanently shut down their industry. Unlike the United States, Canada offers significantly less constitutional protection for private property, allowing governments broad regulatory powers without triggering compensation requirements. Whether you’re concerned about prisoner rights, border security, or government regulation of business, these cases illuminate the delicate balance between individual liberties and state authority in Canadian society. What other industries might face similar regulatory challenges in the future?
Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.