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Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.

Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
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Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.








Education removed from list of essential services prior to the Saanich school strike, funding for poverty law clinics, and litigation over law school naming rights

With Saanich schools closed for a third week as a result of a strike, 2019 amendments to the Labour Relations Code are discussed. These amendments removed a specific provision that declared “the provision of educational programs for students and eligible children under the School Act” to be an essential service. This change was an example of the labour relations changes made each time the NDP is elected, or defeated, in British Columbia. This same legislation, Bill 30, would also have...


Saanich School Strike and the Labour Relations Code, Limitation Periods for Criminal Cases, and Credit Union Class Action for Overdraft Fees

After almost two weeks Saanich schools are still closed as a result of a strike by support staff. Support staff are seeking a wage increase to match other school districts. The support staff ended up with lower salaries as a result of past contracts that provided for greater benefits, instead of larger salary increases. The Saanich School District has offered all of the money they are permitted to pursuant to a provincial bargaining mandate. This amounts to an overall 6% increase in pay...


Foreign Buyers' Tax discrimination and unconstitutional limits on experts in ICBC cases

Canada, and British Columbia, have a very unfortunate history of racist legislation intended to restrict Chinese immigration. This includes the Chinese Immigration Act (1885), which imposed a head tax, the Opium Act (1908) which was passed following anti-Asian riots in 1907 that involved destruction in Vancouver’s Chinatown as well as Japanese neighbourhoods, and the Chinese Immigration Act (1923) which banned new Chinese immigration all together. It’s in this historical context that 2016...


Publication Bans, Judicial Recounts, Extradition, and Distracted Driving by an Interlock Device

A new BC Supreme Court policy concerning bans on publication, and closed courtrooms, permits automatic notification of applications for the media as well as a web site listing publication bans, to make it easier to determine if there is a publication ban is in place. Judicial Recounts: what is required for an automatic, or discretionary, judicial recount, and how the recount proceeds when one is required. Issues on a recount include whether it’s possible to determine the intention of the...


Diplomatic Immunity, Parking Immunity, and Legal Aid Funding

Legally Speaking with Michael Mulligan Diplomatic Immunity – The wife of a US diplomat killed a British teenager in a car accident but was able to avoid prosecution and leave the UK as a result of diplomatic immunity. Topics discussed include the Vienna Convention on Diplomatic Relations and how this is implemented in Canada. Other related issued include diplomats not having to pay parking tickets, how diplomats suspected of impaired driving are dealt with in Canada, and immunity from...


An illegal arrest of a protester, a judge shooting himself in a courtroom, and a vacation rental injunction

Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070. A new Supreme Court of Canada case, Fleming v. Ontario, concluded that the police did not have the authority to arrest a protester who was carrying a Canadian flag and walking down the road, in order to avert a possible, future, disruption. The police officers and the province of Ontario claimed that the police were authorized to arrest the man pursuant to the ancillary powers doctrine to “arrest someone who is acting...


Federal Offender Security Clarification overrides, a Death Midwife, and NCRMD findings

Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070 Issues discussed include overrides of federal prisoner security classifications which result in inmates classified as medium security, being transferred to minimum security institutions. This was an issue recently as a result of two inmates escaping from the William Head Institution, which is a minimum-security facility, despite having been classified as medium security risks. One of the inmates had been convicted of...


Jury deliberations and Special Costs in a disability income case

Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070 Issues discussed include jury deliberations, sequestration, the fact that the substance of jury deliberations are secret in Canada, what information is included in a charge to the jury, information not provided to the jury, including the possible sentence if there is a conviction, and how judges deal with jury questions or cases where a jury is unable to arrive at a unanimous verdict. Also discussed is a recent test case...


$2 million in cash to be returned, another Trans Mountain Pipeline appeal, and why not to be your own lawyer

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...


CFAX 60th Anniversary Special

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.