This week on Legally Speaking with Michael Mulligan: Following 7 days of hearings, with 79 pages of notices of application, responses to applications, and pleadings, 13 affidavits totalling more than 500 pages, 67 authorities, and over 90 pages of written submissions, a BC Supreme Court Judge has concluded that the District of Central Saanich […]
Eby’s repeated attempts at money laundering charges and eye surgery gone wrong
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: A third charge approval review, ordered by David Eby, comes to the same conclusion as the first two: there is no basis for money laundering charges arising from a large RCMP investigation into cash or casino chips being provided to high-stakes Chinese gamblers. A long-running public […]
Civil forfeiture for future unlawful activity, sentencing after a jury verdict, and notice of injunction required
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Unlike in the United States, where property rights are constitutionally protected, there is no similar protection in the Canadian Charter. Various provinces, including British Columbia, have set up civil forfeiture regimes that permit property to be seized absent any criminal conviction. Civil forfeiture can occur based […]
A notary avoids liability for an unconscionable home sale by a senior and a tree bylaw can’t stop farming
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Following 7 days of hearings, with 79 pages of notices of application, responses to applications, and pleadings, 13 affidavits totalling more than 500 pages, 67 authorities, and over 90 pages of written submissions, a BC Supreme Court Judge has concluded that the District of Central Saanich […]
Flying Squad sentencing, property tax exemption for religion, and a Gladue sentence appeal
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: A University of Victoria instructor pleaded guilty to criminal contempt for blocking a road by chaining himself to a log. Other people who had been convicted in similar circumstances have been sentenced to a period of probation with 100 hours of community work service. Following the […]
Crown bail policy, strata age and rental restrictions going and housing approval by the province
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In response to political pressure resulting from public disorder and random assaults of strangers, BC Premier Eby announced several policy changes, including some amendments to the Crown Counsel Policy Manual concerning bail. Much of the social disorder and irrational, random assaults of strangers in urban centres […]
Paralegals rather than legal aid, sentences longer that requested, and a municipal recount
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: British Columbia has had inadequate legal aid funding for family and poverty law cases for many years. In 1992 the NDP government imposed a special tax on legal services to fund legal aid. Anyone who hires a lawyer pays this special 7% tax that applies to […]
Mental health NCRMD vs fitness for trial and Buzziak murder investigation info still secret
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: All too often, people with serious mental illnesses end up in the criminal justice system when they are not afforded adequate and sustained medical treatment. In a case discussed on the show, a man who had suffered from multiple mental health issues since he was eight […]
Criminal bail vs Mental Health Act detention
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In the context of a judicial review of a decision to compel a patient to continue to receive antipsychotic medication against her will for many years, the difference between bail in a criminal case and involuntary treatment pursuant to the Mental Health Act is discussed. In […]
Best interest of a dog, Mink Breeders contest phasing out, and a strata fight over a deck
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: A dispute over the adoption of a dog named Maddie ended up in court after the woman who “rescued” and sold her tried to get her puppies back to sell. The dispute involved a woman in Port Alberni who has a business selling dogs that the judge […]
A report on Repeat Offending and Random Stranger Violence in BC
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In response to criticism from mayors and others, a report entitled A Rapid Investigation into Repeat Offending and Random Stranger Violence in British Columbia was prepared. The authors of the report, a retired deputy police chief, and an academic, found that in 2021, while there had […]