Legally Speaking with Michael Mulligan

When Free Expression Ends And Misconduct Begins At A Canadian University


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Courtrooms, campus corridors, mountain slopes, and border tarmacs: we connect them through three rulings that change how you navigate rights, rules, and risk. We start with a Vancouver Island University protest case where banners, ladders, and megaphones escalated into disruptions of exams. The student fought a two‑year suspension, arguing misidentification, unfair process, and—most ambitiously—freedom of expression under the Charter. We walk through why the court said no, revisiting Dolphin Delivery and the baseline that the Charter restrains government, not institutions acting independently. In BC, universities aren’t automatically treated as government actors, so Charter arguments usually fail unless legislation compels the action. The practical takeaway is clear: campus discipline lives under university policy and administrative law, not constitutional guarantees.

Then we climb into the backcountry with a Wildlife Act prosecution that turned on what “full curl thinhorn ram” actually means. Is it age, horn length, or both? At trial, experts wrangled over true versus false annuli, and the hunter was convicted. On appeal, the court read the regulation’s “or” as a real alternative: either eight years as proven by annuli or a horn tip that extends beyond the nose bridge plane when viewed squarely from the side. That interpretation aligns with field reality, where counting ridges through binoculars is guesswork. For hunters, this sets a safer path: document the side view and horn tip position to meet the length criterion without winning a lab fight over annuli.

We land with a hard deadline at the border. A sniffer dog allegedly damaged a multi‑million‑dollar helicopter during a customs search. The owner complained immediately and filed a claim, but the later lawsuit missed a little‑known limit: the Customs Act requires claims within three months. The court enforced the clock and dismissed the case, even while acknowledging the fairness concerns. If border searches damage your property, act fast—document everything, get estimates, and file in the correct court before the window slams shut.

Want practical law without the jargon? Press play for a grounded guide to: when free expression stops at the campus gate, how one word in a regulation can flip a conviction, and why a hidden limitation period can decide your whole case. If this helped you spot risks early, follow the show, share it with a friend, and leave a quick review telling us which case hit home.


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

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Legally Speaking with Michael MulliganBy Michael Mulligan

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