Claim OwnershipLegally Speaking with Michael Mulligan
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© 2025 Legally Speaking with Michael Mulligan
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Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
285 Episodes
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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 ...
A 76-page justice overhaul just landed, and we’re diving into what actually changes for victims, accused persons, and the people who keep our courts running. We break down how Bill C-16 reframes parts of criminal law—naming femicide as a route to first-degree murder, tackling AI-generated intimate images and deepfakes, and defining coercive control—while asking the hard question: can an already stretched system carry the weight? We walk through the new femicide framework and why proving patt...
A single sentence can change a career. We open with a real-world case: a shuttle driver on SFU property tells a flagger she’s “unbelievably beautiful” and suggests modelling. Security documents the exchange, the university issues a campus ban, and the employer fires him. He then pushes for the complainant’s identity under FOIPPA, arguing that the decision-makers needed complete, accurate information. We walk through why FOIPPA binds public bodies but not private companies, how section 28 actu...
A signed page beside a will. A daughter who gave up her life to care for her parents. A court is asked to decide whether a single sheet of paper can rewrite an estate. We dig into a recent BC Supreme Court ruling to unpack how WESA’s formal requirements and the curative power of section 58 actually work when intention, capacity, language, and timing collide. If you’ve ever wondered whether “wishes” are enough, this story shows why two witnesses, translation, and dated execution details matter...
A single sentence in the Criminal Code can decide whether you can legally remove someone from your home—or whether you’re suddenly the one at risk of an assault charge. We break down a fresh BC Supreme Court ruling that reads purpose into Parliament’s 2011 reforms on self-defence and defence of property, answering a practical question with big stakes: if you invite someone in and later revoke consent, can you use reasonable force to make them leave? Short answer: yes, if you give a reasonable...
Ever wondered when a judge’s questions stop clarifying and start tilting the scales? We dive into a BC sexual assault case where the trial judge’s heavy-handed interventions—pages of pointed questioning, steering how evidence was led, and relying on answers personally elicited—pushed the process past what a reasonable observer would call fair. The conviction didn’t fall because of proven bias, but because the appearance of fairness matters just as much as the verdict, and the court ordered a ...
A 20-year online feud that began on a community website ended with a meticulously planned attack inside a BC courtroom—red clothes to hide blood, a packed suitcase, a knife and a hammer, and alcohol for courage. We walk through how the trial judge weighed mental health evidence against extensive planning, why the NCRMD standard remains a high bar, and how appellate courts defer to sentencing judges unless there’s a clear error. You’ll hear exactly why a 12-year sentence held firm despite argu...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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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