Legally Speaking with Michael Mulligan Michael Mulligan

Discover the true impact of British Columbia's drug policy changes and the possible re-criminalization of hard drugs in public spaces as we navigate the labyrinthine details of Section 56 of the Controlled Drugs and Substances Act. With the guidance of Michael Mulligan from Mulligan Defence Lawyers, our latest conversation illuminates the gaps between government announcements and the actual legal language, leaving us questioning the intent behind recent amendments. Mulligan also sheds light on the paradoxical enforcement of marijuana possession laws, exploring the nuances of federal versus provincial prosecution and the transportation of legally obtained drugs.
The most recent changes to the BC exemption from drug possession laws exempts adults if:
a. they are within a designated health care clinic;
b. they are unhoused and sheltering in accordance with all applicable laws; or
c. they are within a private residence.
Because option "b" doesn't require a person who is unhoused and sheltering in accordance with all applicable laws to be "within" anything, it may not be possible to convict an unhoused person who is using otherwise illegal drugs anywhere. This is inconsistent with government pronouncements concerning the use of drugs in public places such as schools and parks.
This episode isn't just about policy—it's about the people and principles caught in the crossfire of drug legislation. We scrutinize the province's history with these laws and the ongoing battle against arbitrary enforcement, diving into how current guidelines still fall short of providing clear and consistent application. As we thank Michael Mulligan for his in-depth insights, we set the stage for further exploration of legal intricacies with an eye toward dissecting the complexities that shape our justice system and affect the lives of citizens. Join us for a compelling examination of law, order, and the societal implications in between.


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

Prepare to be engrossed as Michael Mulligan from Mulligan Defence Lawyers dissects the intricate case of Ms. Davidson, deputy leader of the federal Green Party, whose criminal contempt conviction has stirred debate. The fine line between staunch activism and legal adherence is put to the test in our discussion of her bail pending appeal. We'll explore whether Davidson's bold pre-sentencing declarations will hold true as we scrutinize the nuanced balance of upholding one's convictions vs the rule of law. This episode promises a riveting look at the intersection of law and politics, with implications that reach well beyond a single court decision.

Also, on the show, a security guard is found guilty of manslaughter after an intruder he apprehended died.

Finally, venture with us on a historic expedition through the annals of property law. We unravel a legal saga rooted in the 1920s over land ownership, escheatment, and the labyrinth of legal processes that ensue when land reverts to the Crown. The tale of two lots near Nelson, entangled in a legal odyssey involving a company's dissolution and a forgotten land transfer, provides a stunning backdrop for our analysis. As we dissect the recent Court of Appeal decision, we examine the broader consequences for land rights and the evolution of property law that continue to resonate today. Join us for an engaging journey that is as much about legal facts as it is about the stories of those who navigate them.

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

Join the riveting conversation with Michael Mulligan from Mulligan Defence Lawyers as we unravel the complexities of the presumption of innocence in a special episode that delves into the legal labyrinth following a man arrested for multiple carjacking incidents. Mulligan illuminates the difficult decision points for police post-arrest and lays bare the intricacies of bail assessment, particularly when the individual in question has no criminal history. As we dissect the safeguards of community safety versus an individual’s right to freedom, our exploration will leave listeners with a deeper understanding of the criminal justice system's inner workings and the philosophical underpinnings of justice.

The dialogue then pivots to a meticulous dissection of Canada's bail system, where we dissect real and hypothetical cases that bring the theory of law to life. From a mayor's alleged murder captured on film to repeated car thefts by an individual, the episodes lay bare the tension between the constitutional right to bail and the imperative to ensure public safety. The crescendo of our legal symposium examines a BC Court of Appeal case involving an ex-RCMP officer, scrutinizing the evidence, jury instructions, and the steadfastness of the justice system in upholding a conviction. This episode promises to offer listeners an unparalleled look into the nuances of crime and punishment, evidence analysis, and the weighty responsibilities shouldered by the courts.

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

Prepare to navigate the tumultuous waters of legal reform and societal justice with our  guest, Michael Mulligan from Mulligan Defence Lawyers. Our latest episode peels back the layers of Bill 21, a contentious BCNDP legislation aimed at bringing the regulator of lawyers in British Columbia under political control. Feel the electric tension as we dissect the Law Society of BC's apprehensions, the BC Conservative Party's firm stance on repeal, and the international law implications flagged by Lawyers' Rights Watch Canada. We tackle the poignant question: How will political gamesmanship shape the future of legal regulation?

Venture further as we redefine the ordinary, transforming a Surrey man's storage dilemma into a  case study on municipal bylaws. Meanwhile, we scrutinize the recent triage policy by the BC First Nations Justice Council on Gladue reports, underscoring the impact a lack of resources could have on justice for Indigenous people. Join us for a compelling journey through the intricate crossroads where law meets life.

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

British Columbia's legal system faces a seismic shift with Bill 21, a move that could rock the bedrock principle of lawyer independence. As the government nudges its way into the Law Society's boardroom, we're left pondering: will the scales of justice tilt in favour of those in power? This episode pulls back the curtain on the potential repercussions of such unprecedented government involvement. Joined by Michael Mulligan from Mulligan Defense Lawyers, we dissect the changes proposed to the Legal Profession Act, critique the government's objectives, and forecast the intricate dance between lawyers and lawmakers in the courtroom ballet.

The legal community stands at a crossroads as we scrutinize the trajectory of professional autonomy in the wake of Bill 21. Our conversation with Mulligan not only maps the contours of the looming battle for the soul of legal self-regulation but also spotlights the broader ramifications for our society's democratic health. This episode is a clarion call for those who hold the principles of a robust, independent judiciary dear, as we navigate the chilling prospect of a legal landscape where the voice of the advocate could be stifled by the hand that writes the law. Tune in for an in-depth exploration of the stakes at play, where the rule of law hangs in the balance.

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

Embark on a journey through Canada and New Zealand's legal intricacies with Michael Mulligan from Mulligan Defense Lawyers as we dissect how these common law cousins approach justice, representation, and the battle against drugs. You'll be captivated by our discussion highlighting the disparities in Indigenous peoples' representation in the prison systems—a pressing issue both here and in the land of the long white cloud. And if you're intrigued by the varying tactics in the war on drugs, our analysis of how New Zealand's crystal meth problems contrast with Canada's fentanyl crisis will provide you with a new perspective on a global challenge.

Let's transport you to a Kiwi courtroom, where the protocols of bail hearings and the role of police officers in lower court prosecutions might astound you. Michael Mulligan brings his legal acumen to the table, shining a light on recent cases and legislative changes that affect our lives. We'll also unearth the history and impact of British Columbia's Crown Counsel system.

Next, we delve into the Patients Property Act, revealing its implications for those with disabilities in our communities. Prepare to be enlightened as we navigate the ebbs and flows of international justice and its local impact in a conversation that promises to be as informative as it is thought-provoking.

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