Legally Speaking with Michael Mulligan

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 take the misconduct very seriously, because misleading statements in an ex parte hearing undermine the integrity of the process, and may even obliterate it.  Misleading statements are of all the greater concern when they are made on behalf of a state actor carrying public authority and trust, whose actions have significant implications for individual rights and interests."

The Court of Appeal requires a new certificate be issued by the British Columbia Minister of Environment and Minister of Natural Gas for the Trans Mountain Pipeline, even though the province cannot prevent or impede construction or operation of the pipeline.

And one more example of why you shouldn't try to conduct your own trial without a lawyer, as the Court of Appeal denies an after the fact application to unseal the youth court record of a complainant.

CFAX 1070 60th Anniversary Special - retrospective on 60 years of CFAX 1070 in Victoria, BC and themes from past episodes including legal aid funding and the importance of meaningful explanations of legal issues and decisions.

Legally Speaking is live in CFAX 1070 every Thursday at 10:30.

Michael Mulligan is a lawyer at Mulligan Defence Lawyers in Victoria, BC, Canada.