Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070. A new Supreme Court of Canada case, Fleming v. Ontario, concluded that the police did not have the authority to arrest a protester who was carrying a Canadian flag and walking down the road, in order to avert a possible, future, disruption. The police officers […]
Three Parents on Birth Registration – Legally Speaking
/in Legal News /by mtp_adminListen on Apple Podcasts What’s required for three people to be listed as parents on birth certificates, for children of a same-sex couple, who were conceived with sperm from a friend, who also wished to participate in raising the children? The British Columbia Family Law Act attempts to contemplate a wide range of modern scenarios, […]
Religious oaths in court, a poisoned blueberry farm, and Police Act staffing requirements
/in Legal News /by mtp_adminListen on Apple Podcasts Oaths, affirmations, and “telling the truth” In British Columbia witnesses who are testifying in court are required to choose between swearing a religious oath, or making an affirmation, to tell the truth. Children under 14 are only asked to promise to tell the truth. The origin of oaths, to tell the […]
Essential Services Edit & Funding for Poverty Law Clinics
/in Legal News /by mtp_adminListen on Apple Podcasts With Saanich schools closed for a third week as a result of a strike, 2019 amendments to the Labour Relations Code are discussed. These amendments removed a specific provision that declared “the provision of educational programs for students and eligible children under the School Act” to be an essential service. This […]
Saanich School Strike & Class Action for Overdraft
/in Legal News /by mtp_adminListen on Apple Podcasts After almost two weeks Saanich schools are still closed as a result of a strike by support staff. Support staff are seeking a wage increase to match other school districts. The support staff ended up with lower salaries as a result of past contracts that provided for greater benefits, instead of […]
Foreign Buyers’ Tax discrimination and unconstitutional limits on experts in ICBC cases
/in Legal News /by mtp_adminListen on Apple Podcasts Canada and British Columbia have a very unfortunate history of racist legislation intended to restrict Chinese immigration. This includes the Chinese Immigration Act (1885), which imposed a head tax, the Opium Act (1908) which was passed following anti-Asian riots in 1907 that involved destruction in Vancouver’s Chinatown as well as Japanese […]
Publication Bans, Judicial Recounts, Extradition, and Distracted Driving by an Interlock Device
/in Legal News /by mtp_adminTopics Discussed: A new BC Supreme Court policy concerning bans on publication and closed courtrooms permits automatic notification of applications for the media as well as a web site listing publication bans, to make it easier to determine if there is a publication ban is in place. Judicial Recounts: what is required for an automatic, […]
Diplomatic Immunity, Parking Immunity, and Legal Aid Funding
/in Legal News /by mtp_adminLegally Speaking with Michael Mulligan Diplomatic Immunity – The wife of a US diplomat killed a British teenager in a car accident but was able to avoid prosecution and leave the UK as a result of diplomatic immunity. Topics discussed include the Vienna Convention on Diplomatic Relations and how this is implemented in Canada. […]
An illegal arrest of a protester, a judge shooting himself in a courtroom, and a vacation rental injunction
/in Legal News /by mtp_adminLegally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070. A new Supreme Court of Canada case, Fleming v. Ontario, concluded that the police did not have the authority to arrest a protester who was carrying a Canadian flag and walking down the road, in order to avert a possible, future, disruption. The police officers […]
Federal Offender Security Clarification overrides, a Death Midwife, and NCRMD findings
/in Legal News /by mtp_adminLegally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070 Issues discussed include overrides of federal prisoner security classifications which result in inmates classified as medium security, being transferred to minimum security institutions. This was an issue recently as a result of two inmates escaping from the William Head Institution, which is a minimum-security […]
Michael Mulligan on how medium-security prison escapee could end up at William Head
/in Legal News /by mtp_adminExpert explains how medium-security prison escapee could end up at William Head