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 of the Constitution. The Torrens system provides what legal experts call "indefeasible title"—conclusive proof of ownership registered with the government that enables secure property transactions and mortgage lending. But the judge has ruled that Aboriginal title is "a prior and senior right to land" that can exist simultaneously with registered property ownership, potentially superseding private property rights despite the Torrens system's guarantees.

The implications are profound. If Aboriginal title claims—which cover virtually the entire province, often with overlapping claims from multiple Indigenous groups—can override registered property ownership, what happens to homeowners who've worked their entire lives to pay for their properties? The economic consequences could be equally severe, as mortgage lending depends on the certainty of ownership. As Mulligan observes, the legal system ultimately depends on public acceptance: "If I tell you that the house you worked for and paid for is no longer yours, I don't know that that's generally going to be accepted." With BC already announcing its intention to appeal, this case will likely progress through higher courts, where judges must balance constitutional obligations to Indigenous peoples with maintaining a functional property system. Listen now to understand what's at stake for every property owner in British Columbia.

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

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 the warden's failure to address the significant power imbalance between the inmate and staff member – a consideration that might have led to very different outcomes had gender roles been reversed.

Border security technology stars in our second case, where sophisticated imaging detected 64 kilograms of cocaine hidden in the wall of a semi-trailer truck cab. The driver's claim of being a "blind courier" unraveled when experts testified that the elaborate hidden compartments would have cost upwards of $60,000 and taken weeks to install – an investment no one would make only to hand the vehicle over to an unwitting driver. The case reveals not only the sophisticated methods of drug detection at the border but also provides expert confirmation that cocaine primarily flows northward from Central America through the US into Canada, contradicting certain political narratives about cross-border drug trafficking.

Our final case demonstrates the limits of property rights in Canada as BC mink farmers lost their final appeal against the government's pandemic-era decision to permanently shut down their industry. Unlike the United States, Canada offers significantly less constitutional protection for private property, allowing governments broad regulatory powers without triggering compensation requirements. Whether you're concerned about prisoner rights, border security, or government regulation of business, these cases illuminate the delicate balance between individual liberties and state authority in Canadian society. What other industries might face similar regulatory challenges in the future?

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

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 navigate the Air Passenger Protection Regulations through BC's accessible online tribunal system.

The conversation shifts to judicial impartiality with a cautionary West Vancouver demolition dispute. When a judge ordered a fire-damaged house demolished, no one realized she had previously advised the municipality on that very case before her appointment to the bench. This oversight led the Court of Appeal to cancel the injunction, highlighting the critical importance of judicial independence and the challenges judges face in identifying conflicts without the robust database systems used by law firms.

Perhaps most eye-opening is the revelation about what your modern vehicle knows and remembers about your driving. Event data recorders in today's cars capture crucial information during accidents - your speed, whether you were wearing a seatbelt, and if you applied the brakes before impact. In a groundbreaking decision, a court determined that this extracted data constitutes a "thing" rather than a "document" under criminal code provisions, requiring police to obtain judicial permission to retain it when no charges have been filed. This legal distinction reinforces important protections against indefinite police retention of digital evidence.

Whether you're planning air travel, wondering about judicial ethics, or simply curious about what your car might reveal after an accident, this discussion offers valuable insights into how our legal system addresses everyday challenges in an increasingly technological world.

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