Legally Speaking with Michael Mulligan

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
  • Crown Dating Defence Paralegal Mistrial and Random Stranger Attack of Crown
    Dec 5 2024

    Michael Mulligan from Mulligan Defence Lawyers joins us to untangle the intricate web of legal challenges sparked by personal entanglements within the courtroom. Imagine a scenario where a defence counsel's paralegal is romantically involved with the Crown counsel during a sexual assault trial. This isn't a plot twist from a legal drama, but a real-life case from Courtenay that led to a mistrial application, questioning the boundaries of professional ethics and the accused's right to know. We navigate through the complexities of this case, drawing parallels with precedents from Canada and the UK, and ponder the judge's authority to declare a mistrial post-conviction.

    Shifting our focus to Vancouver’s courthouse, we confront the grim reality of operating in a neighbourhood plagued by violence and open drug use. Despite the Crown Counsel Association's plea for relocation, Attorney General David Eby’s decision keeps the courthouse at its precarious location, raising concerns for all who walk its halls. The need for heightened security measures and the pressing call for addressing underlying social issues become glaringly apparent. As we wrap up, a seemingly trivial lawsuit over a $90 lens coating teaches us a valuable lesson about weighing the cost of legal battles. Michael Mulligan offers his perspective on exercising sound judgment before entering the legal fray, emphasizing the importance of picking one's battles wisely.

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

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    22 mins
  • 7 Years Sentence for Stranger Attacks and $30,000 Forefiture of Murder Money After 30 Years
    Nov 28 2024

    Unravel the complexities of the criminal justice system as we confront two captivating legal stories in this episode. We begin with the unsettling case of a man whose violent spree of stranger attacks led to a legal battle over his sentence. Despite a traumatic past and serious substance issues, the BC Court of Appeal upheld his seven-year sentence, prompting us to question the balance between justice and rehabilitation. Explore the legal principles of consecutive versus concurrent sentences and the totality principle while grappling with societal challenges around providing treatment and shelter to those who resist it.

    The second chapter plunges us into the murky waters of a decades-old murder case that left $30,000 hanging in a bureaucratic limbo. Discover how procedural oversights and jurisdictional disputes have kept this money in legal no-man's land since 1992. Michael Mulligan from Mulligan Defence Lawyers joins us, offering expert insights into the ethical and legal implications of dealing with assets tied to criminal activities. As we discuss the mishandling of seized property—like a forgotten cell phone—the importance of adhering to time limits becomes strikingly clear. Prepare for a thought-provoking journey through the intricacies of law and its impacts on society.

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

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    23 mins
  • Exploring Judicial Recounts and Racial Profiling Challenges
    Nov 22 2024

    Experience an insightful journey through the complexities of the electoral process and the justice system with Michael Mulligan, Barrister and Solicitor at Mulligan Defence Lawyers. Ever wondered how a mere 27-vote difference can trigger a full judicial recount? This episode unravels the meticulous choreography behind recounts in the Surrey-Guilford Electoral District. Michael sheds light on how transparency and voter privacy are harmonized, the role of media in maintaining public confidence, and the captivating stories of disputed ballots where every mark counts.

    Switching gears, join us as we navigate through a high-stakes case in the Court of Appeal of the Yukon involving allegations of racial profiling during police stops. Discover the intertwining judicial framework between British Columbia and the Yukon and the challenges faced by a claimant attempting to prove systemic discrimination. Michael offers his expert perspective on why the court upheld the trial judge's decision and what this could mean for similar future claims. This episode is your chance to deepen your understanding of critical judicial processes and their profound impact on individuals and communities.

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

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    21 mins

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