Legally Speaking with Michael Mulligan

Experience an insightful journey through the complexities of the electoral process and the justice system with Michael Mulligan, Barrister and Solicitor at Mulligan Defence Lawyers. Ever wondered how a mere 27-vote difference can trigger a full judicial recount? This episode unravels the meticulous choreography behind recounts in the Surrey-Guilford Electoral District. Michael sheds light on how transparency and voter privacy are harmonized, the role of media in maintaining public confidence, and the captivating stories of disputed ballots where every mark counts.

Switching gears, join us as we navigate through a high-stakes case in the Court of Appeal of the Yukon involving allegations of racial profiling during police stops. Discover the intertwining judicial framework between British Columbia and the Yukon and the challenges faced by a claimant attempting to prove systemic discrimination. Michael offers his expert perspective on why the court upheld the trial judge's decision and what this could mean for similar future claims. This episode is your chance to deepen your understanding of critical judicial processes and their profound impact on individuals and communities.

Follow this link for a transcript of the show and links to the cases discussed. 

Discover the serious legal ramifications of fleeing from justice in our latest episode, where we promise to unravel the complexities of absconding from trial and inter-jurisdictional disputes. Join us as we dissect a compelling case from Canada involving a woman who, after facing charges of forging a passport application, fled to India mid-trial, leading to her conviction in absentia. Her attempts to appeal while abroad were denied. We also navigate the nuanced world of easements in British Columbia, focusing on a heated legal dispute over a navigation light easement impacting blackberry field owners. The principle of inter-jurisdictional immunity takes center stage, highlighting federal authority over aerodromes and shaping the court's decision to maintain the easement.

Enhance your understanding of these legal intricacies with insights from Michael Mulligan of Mulligan Defence Lawyers. His expert commentary illuminates how these legal principles impact our daily lives, offering listeners practical advice and a deeper appreciation of the law's reach. Michael's engaging discussion provides clarity on complex issues, ensuring you're up-to-date with current legal trends. Tune in to gain a richer perspective on how legal matters influence both personal and broader societal contexts with an episode that promises to be as informative as it is fascinating.

Follow this link for a transcript of the show and links to the cases discussed.

Get ready to uncover the intricacies of the legal system with Michael Mulligan from Mulligan Defence Lawyers as we dissect a fascinating case of breach of trust theft. Ever wondered why embezzling from an employer gets a harsher sentence than other types of theft? This episode promises to enlighten you on the significant emphasis courts place on general deterrence, especially when trust is violated. We break down the sentencing, guilty pleas, and the crucial distinction between serving time in a penitentiary versus house arrest.

But that's not all! We also tackle the essential tools for debt collection—garnishing orders—exploring how creditors can secure payments even before a trial. Michael shares his expertise on maneuvering these legal remedies, their strategic application, and how to avoid the pitfalls of unpaid strata fees. Through captivating cases and expert insights, you'll learn the financial repercussions of neglecting obligations, and why responding promptly to strata fees is vital for communal harmony. Don't miss this engaging discussion that sheds light on the complexities of law, responsibility, and financial prudence.

Follow this link for a transcript of the show and links to the cases discussed. 

What happens when a wealthy business owner disappears without a trace, leaving behind a tangled web of allegations, destroyed property, and unanswered questions? Join us as we explore this real-life mystery with expert insights from barrister and solicitor Michael Mulligan of Mulligan Defence Lawyers. We journey through the intricacies of the Presumption of Death Act, examining a case where millions in life insurance hinge on the final determination of a man's fate. From the eerie aftermath of a fire in his airplane hangar to the bizarre silence of his bank accounts, the case presents a fascinating puzzle full of legal and investigative challenges.

The episode takes an unexpected twist as we navigate the legal repercussions that arise if someone presumed dead were to reappear while also dissecting the nuances of Canadian law concerning police interrogations and the right to counsel. We also delve into a Court of Appeal case that revisits a first-degree murder trial due to the mishandling of a confession, emphasizing the critical importance of voluntariness in legal proceedings. Through these complex legal landscapes, listeners gain a deeper understanding of how justice is pursued and the vital role of law in unravelling mysteries. Tune in for a thought-provoking episode that promises to leave you with more questions than answers.

Follow this link for a transcript of the show and links to the cases discssed. 

Ever wondered how a judicial recount can flip an election result on its head? Join us as Michael Mulligan, a seasoned barrister and solicitor with Mulligan Defence Lawyers, unravels the complexities of vote counting and recounts in Canadian elections. You'll gain unique insights into the procedures that follow the so-called "final count" and the very narrow margins that necessitate a mandatory recount. With captivating examples from the 2020 BC election and earlier federal contests, Michael illustrates how recounts can alter initial leads dramatically, revealing the fragility and volatility of election outcomes.

As if elections weren't complex enough, we switch gears to dissect the ongoing legal battles over cow sharing in British Columbia. Despite attempts to navigate through loopholes for raw milk consumption, the courts have upheld prohibitions against it. Michael provides a compelling narrative that highlights why this practice, while potentially viable in other provinces, remains contentious in BC. Tune in for an episode brimming with insightful legal stories that might just change the way you view electoral processes and cow ownership.


Follow this link for a transcript of the show and links to the cases discussed.

Unlock the secrets of British Columbia's electoral process as we journey through the intricacies of the Election Act with the knowledgeable Michael Mulligan from Mulligan Defence Lawyers. We'll explore how the act paves the way for an inclusive voting experience, spotlighting innovative measures like tele-assisted voting for individuals with disabilities and accommodations for voters with mobility challenges. The episode reveals how the integrity of our elections is upheld through systems that allow for challenging voter eligibility, ensuring that every voice is heard without compromise.

Take a step back in history with us as we examine the unique relationship between voting, prohibition, and the birth of the Liquor Control Licensing Branch in BC. Michael Mulligan sheds light on the fascinating, and sometimes quirky, legacies of the past that continue to influence the province today. From the intricacies of special ballots to the serious repercussions of corrupt voting practices, discover how modern technology secures the electoral process with offline voting machines while still accommodating regional flexibility. Join us for a revealing look at the Election Act’s impact on democracy in British Columbia, and the ongoing commitment to maintaining a fair and accessible voting system for all citizens.

Follow this link for a transcript of the show and links to the legislation discussed.  

Can you really shoot a dog to save your chickens? We unravel this legal conundrum with the expert insights of Michael Mulligan, a seasoned barrister and solicitor from Mulligan Defence Lawyers. Mulligan helps us dissect the latest criminal justice reform proposals from the BC election campaign, including the prospect of hiring more sheriffs and judges to alleviate court backlogs. Together, we weigh the importance of a comprehensive strategy that also considers the roles of Crown counsel, court clerks, and legal aid. Plus, we look at the intriguing suggestion of a statutory court for minor offenses and the potential impact of such reforms on the justice system's efficiency.

In another fascinating segment, we're exploring property rights, animal protection laws, and the nuances of easement rights. Mulligan sheds light on a real-life case where a man’s attempt to defend his chickens led to legal repercussions. We navigate the complexities of the British Columbia Livestock Act, the Farm Practices Protection Act, and how these laws influenced the case. Shifting focus to North Saanich, we decode a court ruling on easement rights and the responsibilities they entail, illustrating the legal intricacies property owners face. This episode promises a thought-provoking journey through law and justice, raising important questions about rights and responsibilities.

Follow this link for a transcript of the show and links to the cases discussed. 

What happens when a seemingly straightforward hunting trip turns into a legal conundrum over age determination and strict liability offences? Join us as we unpack the captivating case of the Massey Ram. Michael Mulligan from Mulligan Defence Lawyers sheds light on how hunters can find themselves in hot water under the Wildlife Act, and why counting horn annuli is not as straightforward as it seems. We unravel the complexities of distinguishing between criminal and strict liability offences and explore the intriguing defence of due diligence using relatable examples like speeding.

Ever wondered about the ripple effects of handling a traffic ticket? Hear the cautionary tale of a commercial truck driver whose career took an unexpected turn after a simple payment. We dig into the implications of equating ticket payment with a guilty plea and the arduous journey of appealing a conviction past its deadline. And, in a recent Vancouver legal case regarding tree removal in a local park, we dissect why a judge ruled against a park injunction despite public concerns. This episode promises an enlightening journey through the intricate world of legal regulations, duty of care, and the far-reaching consequences of seemingly minor decisions.

Follow this link for a transcript of the show and links to the cases discussed.

Can we really ensure the safety and dignity of elderly care facility residents when young adults with severe mental health and addiction issues are placed among them? This episode exposes the unsettling reality in Victoria and Nanaimo, where vulnerable elderly individuals share long-term care homes with younger adults facing significant challenges. We break down the legal ramifications, analyze the Resident's Bill of Rights, and reveal shocking staff reports of drug use, violence, and inadequate staffing. The lack of enforcement mechanisms leaves elderly residents defenceless, sparking a crucial conversation about the need for alternative facilities.

Shifting gears, we also tackle the complex world of Canadian criminal law, specifically focusing on out-of-court statements. What circumstances make these statements admissible, and how reliable are they? With examples like dying declarations and res gestae, we explore the stringent criteria judges use to weigh their validity. A landmark Supreme Court of Canada case involving a pellet gun and the scrutiny of a statement's reliability provides a riveting backdrop. Join us as we demystify common misconceptions about police statements, highlighting that true justice hinges on solid witness testimonies in court.

Follow this link for a transcript of the show and links to the cases discussed.

Are machetes the next weapon to be banned in Canada? Join us as we dissect the provincial NDP Attorney General's request to the federal government following a tragic attack in Vancouver. We'll scrutinize the effectiveness of recent bail reforms and explore the peculiarities of Canada's current weapon prohibitions, including some surprising bans on items like nunchucks and certain missile launchers. Additionally, we delve into the federal government's controversial firearm buyback program, questioning the logic and execution behind these sweeping legislative measures.

In our second segment, we turn our attention to the mandatory Indigenous training course for the Law Society, which has ignited a heated debate over the accuracy of claims that bodies were located at the  Kamloops Indian Residential School. We analyze a recent BC Court of Appeal decision and its broader societal implications, touching on the political dynamics at play. Finally, we welcome legal expert Michael Mulligan for an insightful conversation, offering thoughtful analysis and practical advice on an array of legal topics. If you're eager to understand the complexities of current legal issues from knowledgeable perspectives, this episode is a must-listen.

Follow this link for a transcript of the show and links to the cases discussed.