『Legally Speaking with Michael Mulligan』のカバーアート

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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  • Safe Supply On Trial
    2026/10/01

    A criminal trafficking charge sounds straightforward until you look at what’s happening on the ground in British Columbia’s overdose crisis. We dig into a BC Supreme Court decision sparked by the Drug User Liberation Front (DULF), a group that received Vancouver Coastal Health funding for drug checking and overdose prevention, then went further by buying drugs on the dark web, testing them, and providing them at cost to people who use drugs. After media attention and political blowback, funding ended, police searched the site, and the founders faced possession for the purpose of trafficking charges.

    From there, the story becomes a deep, practical Charter section 7 debate about life, liberty, and security of the person under Canada’s Controlled Drugs and Substances Act. We break down the evidence the judge relied on, including the scale of overdose deaths, and the argument that a tested non-medical supply can reduce fatalities. We also explain why the usual “just get an exemption” answer isn’t so simple, what happened when DULF applied for a federal exemption, and how delays and denial collide with an urgent public health emergency.

    We also sort out a confusing but crucial distinction: supervised consumption sites with federal exemptions versus overdose prevention sites approved provincially without the same legal cover. Add in the bottlenecks in prescribed safer supply, limited access to doctors, and real-world mismatch between prescriptions and what people will use, and you can see why the court calls the current framework a near-blanket ban with no meaningful safety valve. The judge declares the law unconstitutional in B.C., suspends the decision for six months, and tees up an appeal and a policy response that could reshape harm reduction and drug trafficking law nationwide. If you found this useful, subscribe, share the episode, and leave a review. What do you think Ottawa should do next?


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

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    21 分
  • Should Government Be Able To Rewrite The Rules For The Law Society?
    2026/09/24

    Government changing the rules for how lawyers are regulated sounds technical until you ask one blunt question: can a legal system stay fair if the bar is not independent from the state? We dig into British Columbia’s Bill 21 (the Legal Professions Act) and the ongoing court challenge over whether the independence of the legal profession is a constitutional requirement, not just a tradition. When the government is a frequent opponent in civil claims, Charter litigation, and criminal prosecutions, who should control the regulator that sets lawyers’ rules and discipline?

    A key development lands before the main appeal even starts: twelve different organizations apply to intervene at the BC Court of Appeal. We explain the test for intervention, the difference between a direct interest and public interest standing, and why the court decides these groups can add useful perspectives without turning the hearing into a free-for-all. The interveners range from national legal bodies to groups raising issues like DRIPA implementation, an Indigenous council within the proposed scheme, and serious concerns about a regulator potentially compelling medical or mental health treatment.

    Then we shift to a tragic negligence lawsuit from a municipal pool in Burnaby, where a four-year-old fell from the side of a three-metre diving board during “playtime” in swimming lessons. We unpack the standard of care for instructors, what the judge finds negligent, and how Canadian damages work, including the cap on non-pecuniary damages and the much larger numbers tied to loss of future earning capacity. If you care about public law, civil liability, and how courts actually reason, subscribe, share the episode, and leave a review with your biggest question from the cases.


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

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    21 分
  • Fairness On Cross-Examination
    2026/09/17

    One missing question can be the whole appeal, and that’s where we start. We walk through a B.C. Court of Appeal decision arising from a judge-alone second-degree murder trial where the accused admits indignity to human remains but denies murder, claiming an accidental death during consensual sex and blaming memory gaps on intoxication. The legal tension is sharp: if the Crown wants to argue the intoxication story is fabricated, do they have to put that allegation directly to the accused in cross-examination?

    From there, we explain the Brown and Dunn principle in plain language and why it sits at the centre of fairness in Canadian evidence law. We talk about what it means to confront a witness with your theory, what counts as a real opportunity to respond, and why appellate courts look at the entire trial record instead of treating the rule like a technical “gotcha.” If you care about criminal procedure, credibility findings, and how appellate review actually works, this is a must-hear breakdown.

    We then shift into the NCRMD system, where the words “not criminally responsible” can be deeply misunderstood. A woman with treatment-resistant schizophrenia grabs a child on a bus, truly believing the child is hers, and ends up in secure psychiatric custody for years. We unpack Review Board decisions, the “significant threat to the safety of the public” test, and how mental health law can mean detention with no fixed end date.

    To close, we tackle a home invasion conviction built on circumstantial evidence like DNA on masks and cell tower data, plus a thorny issue about a trial judge relying on material in a court file that was not marked as an exhibit. Subscribe, share the episode, and leave a review, then tell us: where should courts draw the line on fairness and proof?


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

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    22 分
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