Legally Speaking with Michael Mulligan

Written by: Michael Mulligan
  • Summary

  • Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
    © 2024 Legally Speaking with Michael Mulligan
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Episodes
  • Hunting Dilemmas, Ticket Troubles, and Duty of Care
    Oct 5 2024

    What happens when a seemingly straightforward hunting trip turns into a legal conundrum over age determination and strict liability offences? Join us as we unpack the captivating case of the Massey Ram. Michael Mulligan from Mulligan Defence Lawyers sheds light on how hunters can find themselves in hot water under the Wildlife Act, and why counting horn annuli is not as straightforward as it seems. We unravel the complexities of distinguishing between criminal and strict liability offences and explore the intriguing defence of due diligence using relatable examples like speeding.

    Ever wondered about the ripple effects of handling a traffic ticket? Hear the cautionary tale of a commercial truck driver whose career took an unexpected turn after a simple payment. We dig into the implications of equating ticket payment with a guilty plea and the arduous journey of appealing a conviction past its deadline. And, in a recent Vancouver legal case regarding tree removal in a local park, we dissect why a judge ruled against a park injunction despite public concerns. This episode promises an enlightening journey through the intricate world of legal regulations, duty of care, and the far-reaching consequences of seemingly minor decisions.

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

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    23 mins
  • Adults with Severe Mental Illness and Additions in Elderly Care Facilities and Statement Admissibility
    Sep 27 2024

    Can we really ensure the safety and dignity of elderly care facility residents when young adults with severe mental health and addiction issues are placed among them? This episode exposes the unsettling reality in Victoria and Nanaimo, where vulnerable elderly individuals share long-term care homes with younger adults facing significant challenges. We break down the legal ramifications, analyze the Resident's Bill of Rights, and reveal shocking staff reports of drug use, violence, and inadequate staffing. The lack of enforcement mechanisms leaves elderly residents defenceless, sparking a crucial conversation about the need for alternative facilities.

    Shifting gears, we also tackle the complex world of Canadian criminal law, specifically focusing on out-of-court statements. What circumstances make these statements admissible, and how reliable are they? With examples like dying declarations and res gestae, we explore the stringent criteria judges use to weigh their validity. A landmark Supreme Court of Canada case involving a pellet gun and the scrutiny of a statement's reliability provides a riveting backdrop. Join us as we demystify common misconceptions about police statements, highlighting that true justice hinges on solid witness testimonies in court.

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

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    21 mins
  • Random Stranger Attack Machete Ban Plan and Racims Claims Over Residential School Facts
    Sep 19 2024

    Are machetes the next weapon to be banned in Canada? Join us as we dissect the provincial NDP Attorney General's request to the federal government following a tragic attack in Vancouver. We'll scrutinize the effectiveness of recent bail reforms and explore the peculiarities of Canada's current weapon prohibitions, including some surprising bans on items like nunchucks and certain missile launchers. Additionally, we delve into the federal government's controversial firearm buyback program, questioning the logic and execution behind these sweeping legislative measures.

    In our second segment, we turn our attention to the mandatory Indigenous training course for the Law Society, which has ignited a heated debate over the accuracy of claims that bodies were located at the Kamloops Indian Residential School. We analyze a recent BC Court of Appeal decision and its broader societal implications, touching on the political dynamics at play. Finally, we welcome legal expert Michael Mulligan for an insightful conversation, offering thoughtful analysis and practical advice on an array of legal topics. If you're eager to understand the complexities of current legal issues from knowledgeable perspectives, this episode is a must-listen.

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

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    22 mins
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