Rather than using collection agencies to collect COVID-19 related fines, the province of BC shouldn’t be sending $1,000 COVID-19 benefits to people who have outstanding fines for breaching orders of the Provincial Health Officer. As the payment are gratuitous, they could simply be withheld to pay outstanding fines for breaching orders made pursuant to […]
US Billionaire vs a fish and game club, BC firearm legislation and a will after separation
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Douglas Lake Cattle Company is the largest cattle range in Canada. It is owned by US billionaire Stan Kroenke, who also owns the Colorado Avalanche and the Denver Nuggets, amongst other things. The ranch is so large it completely surrounds two lakes that belong to […]
The Civil Resolution Tribunal vs s. 96 of the Constitution and no hat for a Pastafarian
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: To ensure their independence, Superior Court Judges hold office on good behavior, until age 75, and can only be removed by the Governor General on address of the Senate and House of Commons. The point of this is that you don’t want judges to be fired […]
BC refused COVD-19 church injunction and BCCA splits over electric bikes
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Several churches in the Fraser Valley have been refusing to comply with COVID-19 health rules and have been conducting in-person services. The churches have started a legal challenge to the public health orders on the basis that they believe them to be unconstitutional given constitutional protection […]
Gladue and bail, consent and medical malpractice, and banishment
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Gladue considerations for representation of aboriginal people in jail In 1999 the Supreme Court of Canada, in a case called Gladue, set out principles to be considered when indigenous people are involved in the criminal justice system. Judges were directed to consider all available sanctions other […]
A Google Class Action Settlement and Murder vs Manslaughter
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Google has agreed to settle a Canadian Class Action based on an alleged breach of privacy arising from the collection and transmission of Android smartphone data. The data in question consists of the identification number or code of the cell towers used to connect Android phones. […]
Confusing COVID-19 orders and a murder appeal vs privilege
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: A BC Supreme Court Judge describes the BC COVID-19 public health orders as “fraught with inconsistency and ambiguity” and that it’s “not surprising that reasonable people can reasonably disagree about their interpretation and application in any given circumstance.” This case is one of many that have […]
Records in sexual assault cases, forfeiture of bail money, and radar evidence
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has granted the Crown leave to appeal a BC Supreme Court decision that found a new law that required people accused of various sexual offences to provide advance notice of records they wish to rely on to the complaint and Crown […]
Public Health Act enforcement, duty of honest performance, and a solitary confinement class action
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Provisions of the British Columbia Public Health Act allow for the enforcement of public health orders by means other than the imposition of fines. If someone is refusing to comply with an order to remain in quarantine or isolation, a judge can issue a warrant for […]
Collecting COVID fines, recounts in BC vs USA and pronouns in court
/in Legal News /by mtp_adminRather than using collection agencies to collect COVID-19 related fines, the province of BC shouldn’t be sending $1,000 COVID-19 benefits to people who have outstanding fines for breaching orders of the Provincial Health Officer. As the payment are gratuitous, they could simply be withheld to pay outstanding fines for breaching orders made pursuant to […]
Joe Arvay – Remembering his contributions from Little Sisters to Hells Angels
/in Legal News /by mtp_adminRenowned constitutional lawyer Joe Arvay passed away unexpectedly at the age of 71. Over the course of a remarkable career focused on public interest constitutional litigation he had a profound impact on the lives of many people. A few of the many cases he was involved with are discussed on the show, ranging from […]