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Legally Speaking with Michael Mulligan
Michael Mulligan
278 episodes
1 week ago
Think “bail reform” will clean up street disorder? We take a hard look at what Bill C‑14 really changes and why it targets the wrong problem. From the presumption of innocence to the right to remain silent, we trace how symbolic tweaks and reverse onus proposals collide with Charter protections while doing little to speed justice or improve safety. If the true bottleneck is time to trial, then the fixes live in courtrooms, staffing, treatment, and housing—not in performative reminders to judg...
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News Commentary
News,
Government
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All content for Legally Speaking with Michael Mulligan is the property of Michael Mulligan and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Think “bail reform” will clean up street disorder? We take a hard look at what Bill C‑14 really changes and why it targets the wrong problem. From the presumption of innocence to the right to remain silent, we trace how symbolic tweaks and reverse onus proposals collide with Charter protections while doing little to speed justice or improve safety. If the true bottleneck is time to trial, then the fixes live in courtrooms, staffing, treatment, and housing—not in performative reminders to judg...
Show more...
News Commentary
News,
Government
Episodes (20/278)
Legally Speaking with Michael Mulligan
Bail Myths, Real Fixes
Think “bail reform” will clean up street disorder? We take a hard look at what Bill C‑14 really changes and why it targets the wrong problem. From the presumption of innocence to the right to remain silent, we trace how symbolic tweaks and reverse onus proposals collide with Charter protections while doing little to speed justice or improve safety. If the true bottleneck is time to trial, then the fixes live in courtrooms, staffing, treatment, and housing—not in performative reminders to judg...
Show more...
1 week ago
21 minutes

Legally Speaking with Michael Mulligan
When Indigenous Identity Emerges After Sentencing
A guilty plea, a forgotten past, and a courtroom test of how identity meets justice. We open with a 2011 assault case resolved by a joint submission: an 18‑month conditional sentence after the accused conceded his force exceeded self‑defence. Years later, he discovered his father was Indigenous and obtained status, then sought an out‑of‑time appeal to revisit both plea and sentence. We walk through the legal gatekeeping for late appeals—intention, prejudice, merit, and the interests of justic...
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2 weeks ago
21 minutes

Legally Speaking with Michael Mulligan
From Picton’s Farm to the Coroner
A notorious criminal case and a sweeping policy change collide in one packed hour, and the throughline is unmistakable: how law balances dignity, proof, and practical consequences. We start by unpacking the latest development in the Robert Picton matter: with the RCMP ending their investigation and holding thousands of seized items—some believed to be human remains—families sought a court order to keep everything preserved for a civil occupiers’ liability claim against Picton’s estate and his...
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1 month ago
21 minutes

Legally Speaking with Michael Mulligan
Sugar, Support, and Frankie
A seven‑month marriage sparked on a sugar‑arrangement site, a $12,000/month support bid, and a dog named Frankie—this one has layers. We open with a candid walk‑through of interim spousal support: what it’s for, how courts weigh “capacity to pay,” and why selling capital assets to fund an opulent lifestyle isn’t the same as earning income. The applicant’s luxury‑level budget meets judicial scrutiny, while the respondent’s push to impute escort income and point to family wealth hits legal limi...
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1 month ago
22 minutes

Legally Speaking with Michael Mulligan
When Does Someone Become an Agent of the State?
Where do your constitutional protections begin and end? The dividing line between private actions and state authority forms the heart of a fascinating BC Court of Appeal decision that clarifies when ordinary citizens become "agents of the police." The case centers on Loomis Courier employees who, at police direction, set aside suspicious packages for warrantless seizure during a drug investigation. Unlike previous cases involving independent security guards or school administrators, these em...
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1 month ago
21 minutes

Legally Speaking with Michael Mulligan
Self-Defense Rights in Your Home
What happens when the line between victim and perpetrator blurs in the eyes of the law? When a homeowner confronts a crossbow-wielding intruder or store employees stop a car theft, should they face criminal charges or civil lawsuits for defending themselves and their property? Barrister Michael Mulligan unpacks the controversial legal landscape of self-defense in Canada, explaining how the 2012 amendments to the Criminal Code created a complex "reasonableness" requirement for those protectin...
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1 month ago
20 minutes

Legally Speaking with Michael Mulligan
Secret Decisions and AI Submissions: Civil Resolution Tribunal Challenges
What happens when a legal system designed for small claims is used to tackle complex issues involving international companies and constitutional requirements? Barrister and Solicitor Michael Mulligan takes us inside a fascinating recent case that exposes serious flaws in British Columbia's Civil Resolution Tribunal system. Originally created to efficiently handle disputes under $5,000 and minor strata disagreements, the CRT has been expanded into areas far beyond its capabilities. The recent...
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1 month ago
21 minutes

Legally Speaking with Michael Mulligan
Replaced by Mr. Bean in an Office Without AC? That's Constructive Dismissal
Fentanyl trafficking sentences in BC just got a major overhaul. The BC Court of Appeal has mapped out clearer sentencing guidelines, creating a three-tier system that reflects the devastating impact of the deadly opioid crisis. Street-level dealers now face 18 months to 3 years, mid-level traffickers 4-7 years, and wholesale distributors 8-15 years behind bars. The Court emphasized this framework still allows judges to tailor sentences to individual circumstances, but makes clear that the gra...
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2 months ago
21 minutes

Legally Speaking with Michael Mulligan
Tragic Intersection: The Thin Line Between Mistake and Crime
When does a driving mistake become a crime? The latest Court of Appeal ruling tackles this haunting question through the case of a driver who missed a red light, causing a collision that killed an 18-month-old child and seriously injured the father. Despite the devastating outcome, the court upheld the driver's acquittal on dangerous driving charges, drawing a careful distinction between tragedy and criminality. The case illuminates the legal threshold for dangerous driving in Canada. Unlike...
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2 months ago
19 minutes

Legally Speaking with Michael Mulligan
Indigenous Title vs. Private Property: The Cowichan Tribes Decision Explained
The foundation of property ownership in British Columbia faces a potential earthquake with the landmark Cowichan Tribes decision. After what may be Canada's longest trial—spanning over 500 days—the judge delivered an 800-page ruling that could fundamentally alter who truly owns land throughout the province. Michael Mulligan breaks down this complex legal battle by explaining the collision between two powerful forces: BC's Torrens property system and Aboriginal title claims under Section 35 o...
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2 months ago
16 minutes

Legally Speaking with Michael Mulligan
Habeas Corpus, Cocaine Smuggling, and the End of Mink Farming
A fascinating exploration of justice, liberty, and the limits of government power unfolds through three recent BC legal cases. When a minimum-security prisoner at William Head was caught embracing a senior correctional officer, the warden's decision to transfer him to a higher-security facility backfired spectacularly. The BC Supreme Court ruled the decision "unreasonable," highlighting how even prisoners retain certain liberties that can't be arbitrarily removed. The judge particularly noted...
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3 months ago
20 minutes

Legally Speaking with Michael Mulligan
Flight Compensation and Your Car Knows Too Much
Frustrated by an airline refusing compensation for your delayed flight? You might have more power than you think. Legal expert Michael Mulligan walks us through a fascinating Civil Resolution Tribunal case where passengers successfully challenged WestJet's weather-related excuses and secured $1,000 each in compensation. By gathering evidence showing other airlines operating during the supposedly problematic conditions, these passengers demonstrated how everyday Canadians can effectively navig...
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3 months ago
21 minutes

Legally Speaking with Michael Mulligan
The Hockey Canada Trial Verdict and ICBC No Fault Formula = $0
What happens when legal formulas, charge approval standards, and competing legitimate needs collide with real human lives? Today's deep dive examines three significant cases that reveal the profound human impact of our justice systems. The Hockey Canada sexual assault trial verdict brings crucial lessons about the presumption of innocence and the value of detailed judicial reasoning. Unlike jury trials that provide no explanation, this judge-alone trial delivered a comprehensive analysis of ...
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3 months ago
20 minutes

Legally Speaking with Michael Mulligan
Judge Alone Murder and Partial Expropriation Compensation
The boundaries of judicial authority in Canada have been redrawn by a groundbreaking Supreme Court ruling that empowers judges to conduct murder trials without juries—even when prosecutors object. This remarkable case emerged from the early pandemic when COVID-19 made traditional jury trials nearly impossible. A defendant, unwilling to face further delay, requested a judge-alone trial, but prosecutors refused consent. The Supreme Court ultimately sided with the trial judge who proceeded anywa...
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3 months ago
22 minutes

Legally Speaking with Michael Mulligan
Document Dumps and Fluffing Cushions
Ever wondered what happens when one party drops 4 million documents on their opponent in a lawsuit? Michael Mulligan explains the fascinating legal concept of an "impermissible document dump" through the lens of a billion-dollar dispute over the North Shore Wastewater Treatment Plant. The case reveals how modern litigation handles vast electronic records and when providing mountains of documents crosses from thorough disclosure to litigation obstruction. The contrast couldn't be greater when...
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4 months ago
21 minutes

Legally Speaking with Michael Mulligan
Legal Loopholes: The Million-Dollar Bitcoin Heist
What happens when a sophisticated scammer steals over half a million dollars in Bitcoin through a phone company's security failure? And more importantly, can you even take them to court? The answer is more complicated than you might think, as we explore in this eye-opening legal examination of consumer rights in the digital age. A British Columbia resident fell victim to an elaborate fraud when someone impersonated a Rogers technician, convinced a retail employee to enable screen sharing, an...
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4 months ago
20 minutes

Legally Speaking with Michael Mulligan
When Nine-Year-Old Charleigh's Life Hangs on a Ministerial Decision
What happens when a child's life depends on a medication that costs nearly a million dollars per year? In this eye-opening conversation with Michael Mulligan of Mulligan Defence Lawyers, we take a deep dive into the tragic case of nine-year-old Charleigh Pollock from Langford, who suffers from the rare genetic disorder Batten disease. Mulligan walks us through the complex web of legislation governing medication coverage in British Columbia, revealing the stark truth about how these life-or-d...
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4 months ago
21 minutes

Legally Speaking with Michael Mulligan
Bible, Chicken, or Dog? The Bizarre World of Courtroom Oaths
The legal landscape in Canada continues to evolve with significant implications for sexual assault cases, courtroom procedures, and sentencing guidelines. A groundbreaking Supreme Court of Canada decision has overturned a British Columbia sexual assault conviction in a case where prosecutors introduced evidence about the complainant's sexual inexperience without proper screening. The Court established that "sexual inactivity evidence" – including statements about virginity or lack of sexual ...
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4 months ago
22 minutes

Legally Speaking with Michael Mulligan
Supreme Court of Canada Orders Acquittal: A Miscarriage of Justice
What happens when crucial evidence is withheld from the defence in a murder case? The devastating consequences unfolded in a tragic BC case where a woman's life was completely shattered after being wrongfully convicted in connection with a toddler's drowning death. The Supreme Court of Canada recently ordered an acquittal for a woman who served a year in prison after pleading guilty to criminal negligence causing death. She made this plea without knowing that Crown prosecutors had withheld 1...
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4 months ago
22 minutes

Legally Speaking with Michael Mulligan
Legal Fixtures and Your Home Purchase
Navigating the legal maze of property transactions and civil judgments requires understanding nuances that aren't always obvious. Michael Mulligan, barrister and solicitor with Mulligan Defence Lawyers, unpacks two fascinating cases that illuminate these complexities. First, Mulligan explores a cautionary tale about what constitutes a "fixture" in home purchases. When buyers discovered a beloved dresser missing after taking possession—revealing holes in the wall behind it—they sued for $7,43...
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5 months ago
21 minutes

Legally Speaking with Michael Mulligan
Think “bail reform” will clean up street disorder? We take a hard look at what Bill C‑14 really changes and why it targets the wrong problem. From the presumption of innocence to the right to remain silent, we trace how symbolic tweaks and reverse onus proposals collide with Charter protections while doing little to speed justice or improve safety. If the true bottleneck is time to trial, then the fixes live in courtrooms, staffing, treatment, and housing—not in performative reminders to judg...