This week on Legally Speaking with Michael Mulligan: Equity is a body of law that was originally developed in the English Court of Chancery. It was distinct from the common law, prior to English reforms in the 1870s. Since then, in England, and other jurisdictions with an English legal tradition including Canada, Australia, and […]
The right to a trial in English or French and the BC Legislative Clerk not guilty of most charges
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Section 530 of the Criminal Code provides a right to a trial in either English or French. It also requires a judge or justice “before whom an accused first appears” to inform accused people of this right. If someone requests a trial in French or English […]
Automatism, Horizontal stare decisis, and ICBC No Fault in the BCCA
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Criminal offences require two things, often described with Latin names: actus reus and mens rea. Actus reus is an intentional physical act. Mens rea is a guilty mind. We don’t wish to convict people for physical acts that were not intentional: crashing your car when you […]
History of abortion law in Canada, an acquittal for criminal contempt, and credibility in criminal cases
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The leaked draft decision on abortion from the US Supreme Court has raised questions concerning the law in Canada. For 100 years in Canada, from 1869 until 1969, having or performing an abortion was a criminal offence in Canada. In 1969 the Criminal Code was amended […]
Prolific offenders, Urban Mayors, causes and solutions
/in Legal News /by mtp_adminThere are a relatively small number of people who are responsible for a high volume of property crime and associated public disorder. There are a large number of police interactions with people committing offences such as shoplifting, mischief, possession of stolen property, possession of drugs, and breaching previous orders. This has resulted in frustration […]
A no evidence motion, a 91-year old father unable to undo gift of a home, and child support after 19
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: An RCMP officer from Nanaimo is on trial for assault causing bodily harm after he is alleged to have punched a detainee in the eye causing a fractured orbital bone. The complaint in the case was arrested on her 19th birthday after her friends called the […]
Home search after arrest, parking pass class action dismissed, and no mink ranching
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Section 8 of the Charter provides that everyone has the right to be free from unreasonable search or seizure. A search conducted by the police, without prior judicial authorization, is presumptively unreasonable. One of the exceptions to this principle is that police are permitted to conduct […]
Crib case dismissed for delay, no judicial notice of unceded territory, and court COVID measures ending
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Unlike criminal cases, where there is always a next appearance date scheduled in court until a case is completed, civil cases are generally moved along by the plaintiff. The case discussed on the show involved a civil claim resulting from an apparently defective drop-side crib. The […]
Maple syrup theft, trial choice, contraceptive patch case and role of the Crown
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Criminal Code permits judges to make orders for the forfeiture of the proceeds of crime. When the proceeds of crime are not readily accessible because they cannot be located, have been transferred to a third party, are outside of Canada, or for various other reasons, […]
Legal aid funding, a conviction results in deportation, and a licence plate revoked
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: British Columbia has a special provincial sales tax that applies to all legal bills. It is supposed to be dedicated to funding legal aid. The tax now collects more than twice the amount that is provided for legal aid. The extra, more than $100 million per […]
A trust saves half a house, contempt stay application not screened out, and a warrantless whisky seizure
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Equity is a body of law that was originally developed in the English Court of Chancery. It was distinct from the common law, prior to English reforms in the 1870s. Since then, in England, and other jurisdictions with an English legal tradition including Canada, Australia, and […]