This week on Legally Speaking with Michael Mulligan: The BC Court of Appeal, BC Supreme Court, and BC Provincial Court issued a joint release advising that all judges and judicial officers, in all the courts in BC, have received two doses of vaccine for COVID-19. The courts further advised that, as of November 22, […]
Mischief vs. Public Mischief, Counselling an offence, and the Parity Principle
/in Legal News /by mtp_adminWhat is Mischief? 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 […]
Bill C-22 minimum sentences, Esquimalt Police civil claim, and the secrecy of jury deliberations
/in Legal News /by mtp_adminThis 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 […]
Bookkeeper fraud sentence appeal, MS Teams court decorum, and the General Anti-Avoidance Rule
/in Legal News /by mtp_adminThis 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 […]
Highway obstruction is a criminal offence, Ministerial Order for gas vs. economics, and the last cannabis sentence
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Blocking highways = Jailtime 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 […]
BC Emergency Program Act, a damaged couch, and the SCC on sentencing ranges
/in Legal News /by mtp_adminThis 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 […]
Saanich Police Officer fired for fake drug recognition recertifications, no SCC for Highlands mine and a firing during COVID
/in Legal News /by mtp_adminThis 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 […]
Who is in jail in BC and what does it cost? Should a custody order from Pakistan be enforced in BC?
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Who is in jail, why, and what’s the cost? 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 […]
Salvage of shipping containers, Duty Counsel Day, and an injunction closing a restaurant not checking for COVID vaccination
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The MV Zim Kingston lost 109 containers, near Vancouver Island, containing everything from yoga mats to car parts and chemicals. Some of the containers, and their contents, have been washing up on Vancouver Island beaches. One of the legal issues raised by this is the legal […]
Self-defence and the person’s role in the incident, bats in a house, and waiving a charge
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In 2012 the self-defence provisions of the Criminal Code were rewritten. The new provisions only permit self-defence to apply if the act in question was “reasonable in the circumstances”. When deciding if an act is reasonable in the circumstances, the new section provides a non-exhaustive list […]
All BC Judges Vaccinated, Free Family Law Mediation and Criminal Contempt Appeal Funding
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The BC Court of Appeal, BC Supreme Court, and BC Provincial Court issued a joint release advising that all judges and judicial officers, in all the courts in BC, have received two doses of vaccine for COVID-19. The courts further advised that, as of November 22, […]