Resuming jury trials during COVID-19, time limits for police seized evidence, and a Sidney cannabis licence in court

  Jury trials have proven to be the most challenging parts of the justice system in the age of COVID-19. The Court of Appeal has been conducting appeals using Zoom. The Provincial Court has been conducting sentencing and judicial release hearings by telephone conference. Both the Provincial Court, and the Supreme Court, have been utilizing […]

Legal requirements for the police to arrest or detain someone, and AG consent required to prosecute an offence on an international flight

  This week on Legally Speaking with Michael Mulligan: When are the police permitted to arrest or detain someone? In the context of discussions concerning unbiased policing and identification checks, various common circumstances that do permit a police officer to arrest or detain someone are discussed: 1)    If they have reasonable grounds to believe […]

Children allowed to ride the bus alone, an aboriginal man sentenced to 12 months for marijuana and an ICBC COVID-19 backlog

  This week on Legally Speaking with Michael Mulligan: The British Columbia Court of Appeal finds that the Director of Child, Family and Community Services acted unreasonably, and without authority, in telling a single father that children under 10 years of age could not ride the public bus without supervision. The children that were riding […]

Uber arbitration clause unconscionable, a class action over a price fixing conspiracy, and a costs award for a protracted taxation

This week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has declared an arbitration clause, used by Uber, to be unconscionable, and therefore invalid. The clause, included in a 14-page agreement that prospective Uber drivers were required to click “I accept” on, twice, purported to require any disputes with Uber to be […]

BC overdose deaths more than double COVID-19 deaths since March, new legislation to detain youth for stabilization, to permit electronic wills and for no fault ICBC insurance

  This week on Legally Speaking with Michael Mulligan: From March to May 2020, the number of people who have died as a result of drug overdoses in British Columbia has been more than double the number of people who have died from COVID-19: 401 vs 164. January COVID-19 deaths: 0  Overdose deaths: 77 February […]

SCC on breaches of bail and social host liability for parents hosting a teenage house party with alcohol

  This week on Legally Speaking with Michael Mulligan: In a recent decision the Supreme Court of Canada has affirmed that when someone is arrested and charged with an offence, the presumption is that they should be released without the imposition of any conditions. Any conditions of release that are imposed must be clearly articulated, […]

Conservation officer improperly fired for refusing to kill bear cubs, legal protections for police officers in Canada, and refusing to allow a lawyer unreasonable

  Legally Speaking Episode Summary: June 11, 2020 In 2015 a BC conservation officer was dismissed from his position for refusing to kill two bear cubs. Initially, the conservation officer didn’t have the assistance of a lawyer and the issue of his dismissal was dealt with by a union representative and the Labour Relations Board. […]

Entrapment by phone, posse comitatus and the US Army, Canadian mayors and riots, and inoperable cell phone convictions

  Can you be entrapped by phone? The Supreme Court of Canada has confirmed that you can. One of the ways that entrapment can occur is if the police engage in random virtue testing: presenting an opportunity to commit a crime without a reasonable suspicion that the person being tested is already committing the crime, […]

Huawei executive one step closer to extradition and a law firm is obtaining a order to reveal the identity of someone who left a Google review

In Canada, the decision about whether or not to extradite someone to another country to face criminal charges has both a legal and political aspect. The courts decide if the legal requirements for extradition have been met. If they have, it is then up to the Minister of Justice to determine if the person should […]

COVID-10 and bail, the Criminal Defence Advocacy Society calls for courts to reopen, and a jury trial by Zoom in Texas

  COVID-19 is a consideration when deciding if someone should remain in jail while waiting for their trial. In one federal penitentiary, located in Mission BC, 133 inmates and staff contracted the coronavirus. As a judge recently pointed out, however, the risk of COVID-19 is not a “get out of jail free card.” The overriding […]