This week on Legally Speaking with Michael Mulligan: The obstruction of roads and highways has become an increasingly common method of protesting various things. As discussed on the show, blocking or obstructing a highway, and in so doing, preventing anyone from doing anything they have a right to do, is a criminal offence pursuant […]
Teal Cedar Products Ltd. vs the Rainforest Flying Squad in the BCCA and a strata dispute over a shared BMW
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The BC Court of Appeal allowed an appeal by Teal Cedar extending an injection against people attempting to physically prevent the company from logging. The original interim injunction was not renewed by a judge because of concerns with respect to how the RCMP was enforcing the […]
Mental health and the criminal law, a PLTC judicial review, and a police officer dismissal upheld on appeal
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: An appeal by a 13-year-old girl who was found to be not criminally responsible as a result of a mental disorder (NCRMD) provides insight into how criminal law deals with mental illness. The girl in question was described as having a childhood that was troubled: a […]
Arrests for blocking a highway and an appeal due to a failure to disclose evidence
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Recently, small groups of protesters have been intentionally blocking highways to get attention for their cause and to compel the government to meet various demands. So far, police have exercised restraint and have attempted to persuade the protesters to move before arresting them. The police are […]
Settlement exception for family mediation, award for dismissal of Caucasian employees and ex-pizza partner competition
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Mediation efforts to resolve civil or family disputes are typically treated as being confidential and can’t be referred to if the case winds up in court. The reason for this is to permit candid discussions and compromise that result in disputes settling before going to trial. […]
Child vaccine legal disputes and gross negligence for not vaccinating all teachers
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The approval of COVID-19 vaccines for children ages 5 – 11 has resulted in family law disputes between separated parents who disagree about getting their children vaccinated. A number of these cases have now been litigated, across Canada, and the consistent outcome has been for court […]
Mischief vs. Public Mischief, Counselling an offence, and the Parity Principle
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: There are two kinds of Mischief offences in the Criminal Code: Mischief, and Public Mischief. Mischief is defined and prohibited by section 430 of the Criminal Code. This section makes it an offence to, amongst other things, damage or destroy property or to interfere with the […]
Bill C-22 minimum sentences, Esquimalt Police civil claim, and the secrecy of jury deliberations
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The previous Conservative federal government added numerous mandatory minimum jail sentences to the Criminal Code and Controlled Drugs and Substances Act. While they have failed to deter crime, they have contributed to the disproportionate number of indigenous and Black Canadians in jail. Indigenous Canadians represent approximately […]
Bookkeeper fraud sentence appeal, MS Teams court decorum, and the General Anti-Avoidance Rule
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The BC Court of Appeal recently allowed a sentence appeal by the Crown and converted a two-year conditional sentence, sometimes called house arrest, into a regular jail sentence for a bookkeeper convicted of defrauding her employer. Because the bookkeeper had a previous conviction for similar behaviour […]
Highway obstruction is a criminal offence, Ministerial Order for gas vs. economics, and the last cannabis sentence
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The obstruction of roads and highways has become an increasingly common method of protesting various things. As discussed on the show, blocking or obstructing a highway, and in so doing, preventing anyone from doing anything they have a right to do, is a criminal offence pursuant […]
BC Emergency Program Act, a damaged couch, and the SCC on sentencing ranges
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: More than three days after flooding caused massive damage in BC, the provincial government declared an emergency pursuant to the Emergency Program Act. The emergency declaration lasts for up to 14 days and can be renewed. Pursuant to the authority this affords, the provincial government has […]