An illegal arrest of a protester, a judge shooting himself in a courtroom, and a vacation rental injunction

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 […]

Federal Offender Security Clarification overrides, a Death Midwife, and NCRMD findings

  Legally 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 […]

Jury deliberations and Special Costs in a disability income case

Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070 Issues discussed include jury deliberations, sequestration, the fact that the substance of jury deliberations are secret in Canada, what information is included in a charge to the jury, information not provided to the jury, including the possible sentence if there is a conviction, and how […]

Legally Speaking – 2 million in cash to be returned and another Trans Mountain Pipeline appeal

  The British Columbia Director of Civil Forfeiture ordered to return $2 million in cash that was seized as part of the largest money-laundering case in BC history, due to misconduct at an ex parte hearing. The decision can be found here and the reasons on the original ex parte hearing here. “The Court must […]

Victoria area woman with Bell’s palsy failing breathalyzer fuels calls for change

Victoria Lawyer Michael Mulligan commenting in Global News story by Richard Zussman. Sober drivers, who are unable to provide breath samples as a result of physical disabilities, are being subjected to fines and driving prohibitions. Mulligan says the change “runs real risk of capturing innocent people” and should be changed to allow people to properly […]

Impaired Driving by Drugs – Any Detectable Amount

Times Colonist Story by Louise Dickson – Under Canada’s new impaired-driving laws, it’s a criminal offence to have “any detectable amount” of cocaine, methamphetamine, magic mushrooms, LSD, ketamine or PCP in your blood. “You can do a very careful analysis of blood and detect a minute amount of some drug, but there’s no reason to think […]

Broader drink-drive law raises concerns about discrimination

Victoria Criminal Lawyer Robert Mulligan, Q.C., discussing the potentially discriminatory impact of changes to impaired driving laws in a Times Colonist story by Katie DeRosa. “The concern is that this broadened power will facilitate potentially inequitable or discriminatory effects,” Mulligan said. “If you can make demands of anyone who is lawfully stopped, such as during […]

Canadian Lawyer Magazine – Lawyers Rights Watch Canada and Legal Aid

Canadian Lawyer Magazine article discussing the Lawyers Rights Watch Canada submissions on Legal Aid in British Columbia. Issues include not only decades of legal aid underfunding, as a result of revenue from a special tax on legal services being diverted from its intended purpose, but also the need for legal aid to be delivered by […]