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BC Emergency Program Act, a damaged couch, and the SCC on sentencing ranges

November 21, 2021/in Legal News /by mtp_admin

  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 […]

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Saanich Police Officer fired for fake drug recognition recertifications, no SCC for Highlands mine and a firing during COVID

November 11, 2021/in Legal News /by mtp_admin

  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 […]

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Who is in jail in BC and what does it cost? Should a custody order from Pakistan be enforced in BC?

November 6, 2021/in Legal News /by mtp_admin

  This 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 […]

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Salvage of shipping containers, Duty Counsel Day, and an injunction closing a restaurant not checking for COVID vaccination

October 28, 2021/in Legal News /by mtp_admin

  This 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 […]

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Self-defence and the person’s role in the incident, bats in a house, and waiving a charge

October 21, 2021/in Legal News /by mtp_admin

  This 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 […]

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All BC Judges Vaccinated, Free Family Law Mediation and Criminal Contempt Appeal Funding

October 18, 2021/in Legal News /by mtp_admin

  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, […]

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Law Society debate on gender pronouns in court and civil forfeiture of a penthouse used for parties during COVID

October 10, 2021/in Legal News /by mtp_admin

  This week on Legally Speaking with Michael Mulligan The Provincial and Supreme Court in British Columbia recently introduced practice directives requiring lawyers to indicate the proper gender pronoun for themselves, and their clients, before each hearing. Lawyers have been directed to indicate if they, and the client, wish to be referred to as he/him/his, […]

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Mayors call for more people to be kept in jail before trial and the BCCA said use of lose Vancouver Island rail line

September 16, 2021/in Legal News /by mtp_admin

  This week on Legally Speaking with Michael Mulligan: The mayors of Victoria and Esquimalt, who serve as co-chairs of the Victoria and Esquimalt Police Board, have issued a press release suggesting that to prevent police officers from being assaulted and to reduce criminal activity by mentally ill people, more people should be kept in […]

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COVID-19 Related Measures Act vs Human Rights Code and a local government prohibition on building anything unreasonable

September 14, 2021/in Legal News /by mtp_admin

  This week on Legally Speaking with Michael Mulligan: Human Rights Code claim for business activity during the pandemic Some people opposed to the requirement to be vaccinated for COVID-19 to attend non-essential businesses such as restaurants and bars have suggested that they have a right to do these things because of the BC Human […]

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Vaccine passports and the Charter, marriage annulment and religion, and Traffic Court by MS Teams

September 3, 2021/in Legal News /by mtp_admin

  This week on Legally Speaking with Michael Mulligan: Anti-vaccination protesters have been holding up copies of the Canadian Charter of Rights and Freedoms and arguing that it prohibits restrictions on unvaccinated people entering restaurants, bars, gyms, and other locations. British Columbia, and several other provinces, are implementing systems to provide digital proof of vaccination […]

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