204 episodes

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

Legally Speaking with Michael Mulligan Michael Mulligan

    • News

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

    The Presumption of Innocence, Bail, and an RCMP Officer Appeals His Conviction

    The Presumption of Innocence, Bail, and an RCMP Officer Appeals His Conviction

    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. 

    • 22 min
    Opposition to a BCNDP Attempt at Political Interference with Legal Regulation, Manslaughter at Costco and Indigenous Justice Funding

    Opposition to a BCNDP Attempt at Political Interference with Legal Regulation, Manslaughter at Costco and Indigenous Justice Funding

    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. 

    • 22 min
    The Battle for Independence: Assessing the Impact of Bill 21 on British Columbia's Legal System

    The Battle for Independence: Assessing the Impact of Bill 21 on British Columbia's Legal System

    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. 

    • 21 min
    The Legal Systems of Canada and New Zealand and Their Impact on Indigenous People and Drug Laws

    The Legal Systems of Canada and New Zealand and Their Impact on Indigenous People and Drug Laws

    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.

    • 23 min
    Preserving the Independence of the Legal Profession in British Columbia

    Preserving the Independence of the Legal Profession in British Columbia

    Discover the fate of legal independence in British Columbia as Michael Mulligan from Mulligan Defence Lawyers lends his expertise to the latest legal system 'modernization' attempts. This week's episode pulls back the curtain on the government's controversial plans to revamp the Law Society of British Columbia, including a reduction in elected lawyer positions, which may lead to increased government sway over legal affairs.

    The BCNDP seems intent on ignoring a warning from the Supreme Court of Canada on the essential nature of an autonomous legal profession, particularly when the rights of individuals stand against government interests, and is proposing that it be given greater control over the regulation of lawyers. The government proposal is troubling for anyone who may have a legal conflict with the government.

    Also on the show, we lay bare the troubling conduct of the Insurance Corporation of British Columbia (ICBC) in defying a court order to pay a retired teacher her rightful compensation following a road mishap. Hear Michael's insightful breakdown of how ICBC's refusal to release $407,000, designated for the victim's future care, raises alarm bells about the insurer's integrity and the challenges faced in the pursuit of justice. With BC embracing a no-fault insurance scheme, our conversation underscores the imperative need for an unbridled judiciary to balance the scales against formidable entities like ICBC. This episode is an urgent call to stay vigilant about the mechanisms that safeguard our individual rights and the importance of a legal profession that can operate without undue influence.

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

    • 22 min
    Healthcare, Homicide, and the Scales of Justice in Canada

    Healthcare, Homicide, and the Scales of Justice in Canada

    Discover the intricate dance of legality and medicine as we sit down with Barrister and Solicitor Michael Mulligan from Mulligan Defense Lawyers, dissecting a lawsuit that could transform the landscape of healthcare in British Columbia. The Society for Canadians Studying Medicine Abroad, representing future doctors trained overseas, is challenging the residency placement system they believe is unfairly blocking their path. Through an engaging discussion, we navigate the complexities of a system that currently favours domestic medical graduates and the constitutional implications that come with such a divide. This episode promises not just an exploration of the legal battlefield but a broader conversation on the urgent need for more healthcare professionals in our system.

    Our conversation then shifts to a poignant and sobering case from Port Alberni, where a mother finds herself entwined in the legal system's grasp following the tragic death of her son. The nuances of a 'lesser included offence' emerge as we scrutinize how a jury's verdict can alter the course of a person's life, leaving us to ponder the fine line between manslaughter and second-degree murder. With Michael Mulligan's expert insight, we examine the shadows of jury decision-making, mandatory sentencing, and the weighty responsibilities tied to firearm ownership.

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

    • 21 min

Top Podcasts In News

The Daily
The New York Times
Serial
Serial Productions & The New York Times
Up First
NPR
The Tucker Carlson Podcast
Tucker Carlson Network
Pod Save America
Crooked Media
Prosecuting Donald Trump
MSNBC

You Might Also Like

The Backbench
CANADALAND
The Ezra Klein Show
New York Times Opinion
Front Burner
CBC
CANADALAND
CANADALAND
Michael Campbell's Money Talks
HPC Inc.
The House
CBC