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Legally Speaking with Michael Mulligan

Legally Speaking with Michael Mulligan

著者: Michael Mulligan
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Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.© 2026 Legally Speaking with Michael Mulligan 政治・政府 政治学
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  • Inside The Injunction: Stopping Bulk Pseudo‑Legal Mail To A BC Court Registry
    2026/01/09

    A small BC registry faced an outsized problem: one litigant’s avalanche of quasi‑legal letters and “certificates” that looked official enough to demand hours or days of staff time to sort, scan, and check. We trace how the Attorney General sought an injunction and how the court landed on a careful middle ground—no more bulk mail, but full access for legitimate filings in person, by agent, or through Court Services Online, with authority to discard items that don’t meet the Rules of Court. It’s a practical fix aimed at protecting open courts from being gamed by invented paperwork, without closing the door on real claims.

    From there, we pivot to the high‑stakes world of civil forfeiture and unexplained wealth orders in British Columbia. Unlike criminal forfeiture, these tools can target property without a conviction and sometimes on reasonable suspicion alone. We break down how the civil standard shifts burdens, why Section 8 privacy arguments matter, and what “in rem” actions mean when the state goes after assets rather than people. You’ll hear how cross‑border conduct can still count as “unlawful activity,” what judicial discretion really looks like at this threshold, and why “constitutionally permissible” isn’t the same as wise policy.

    Across both stories runs a shared question: how do we keep the justice system open, efficient, and fair when it’s pulled between access and abuse, privacy and enforcement? We offer clear explanations, grounded examples, and practical context to help you form your own view on filing limits, registry triage, property rights, and the true cost of suspicion‑based powers. If this conversation helps you see the legal system with sharper edges, share it with a friend, subscribe for more thoughtful breakdowns, and leave a review to tell us where you stand.

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

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    22 分
  • When Free Expression Ends And Misconduct Begins At A Canadian University
    2025/12/18

    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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    22 分
  • How Canada’s New Justice Bill Could Reshape Courts, Sentencing, And Digital Harms
    2025/12/11

    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 patterns of coercive or controlling behaviour will demand careful evidence and clear jury instructions. Then we turn to the digital front: offences targeting realistic AI fabrications, “nudify” apps, and the spread of synthetic sexual content. You’ll hear how the “likely to be mistaken” standard may hinge on context, labelling, and expert testimony, and why enforcement will test both legal doctrines and tech literacy.

    Delay is the thread that ties it all together. We explore how pretrial screening in sexual offence cases—lawyers for complainants, notice periods, and multiple hearings—slows trials, and how C-16’s timing tweaks may help at the margins but won’t replace the need for more judges, Crown, defence, and courtrooms. On sentencing, we unpack the shift that lets courts set aside mandatory minimums when they would be grossly disproportionate for the individual—fairer outcomes, but likely more litigation. We also highlight humane changes that support witnesses, including broader remote testimony and support animals.

    To ground the legal theory in real life, we close with a BC case on who qualifies as a spouse under the Family Law Act. The two-year marriage-like rule sounds simple—until on-and-off relationships, shared business ties, and disputed “gifts” like a six-figure SUV enter the picture. The result is a cautionary tale about continuity, documentation, and the legal weight of domestic arrangements.

    If you care about safer communities, fair process, and workable courts, this conversation maps what’s coming—and what still needs funding and focus. If the analysis helped, follow the show, share it with a friend, and leave a quick review to help others find thoughtful legal content.


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

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    22 分
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