Legally Speaking with Michael Mulligan

The boundaries between student life and financial freedom come under scrutiny in this fascinating examination of a groundbreaking Supreme Court of Canada decision. When does your status as a "student" truly end? According to Canada's highest court, returning to school—even part-time and self-funded—resets the seven-year countdown clock that protects government student loans from bankruptcy proceedings.

Throu...

What happens when someone experiencing a psychotic episode intentionally crashes into a motorcyclist they believe is a "demon"? This fascinating exploration of mental illness and legal liability takes us through a landmark BC case that transforms how we understand responsibility when reality breaks down.

The distinction between criminal and civil liability becomes crucial as we follow the story of a man with no p...

The complex interplay between law, morality, and human tragedy takes center stage in our latest episode examining three compelling legal cases that highlight how our justice system navigates competing interests.

We begin by exploring the "rescuer doctrine" - a legal principle establishing that if someone's negligence creates a dangerous situation, they can be liable for injuries sustained by those who attemp...

Premier David Eby's partial retreat on the Economic Stabilization Tariff Response Act marks a significant moment in BC's response to US tariff threats. While the government has agreed to remove Part 4 of Bill 7—the section granting powers to amend legislation without parliamentary approval—legal expert Michael Mulligan reveals why serious concerns remain.

The bill still contains provisions allowing the government...

The latest Legally Speaking segment with Michael Mulligan takes listeners on a fascinating journey through British Columbia's alternative dispute resolution landscape, revealing both promising innovations and concerning pitfalls in our justice system.

The conversation begins with an extraordinary Civil Resolution Tribunal case in which a woman abandoned $95,000 of her $100,000 claim to proceed in a forum designed for ...

Democracy stands at a crossroads in British Columbia as Michael Mulligan delivers a powerful analysis of the NDP's proposed Tariff Response Act (Bill C-7). Drawing on historical parallels that send shivers down the spine, Mulligan unpacks how this legislation bears troubling similarities to Nazi Germany's 1933 Enabling Act—legislation that effectively rendered their legislature irrelevant and set the stage for catastrophe...

A Canadian adult entertainment company faces an $850,000 fine after Health Canada's undercover operation exposed a lucrative scheme selling "natural health products" that secretly contained prescription medication. Michael Mulligan walks us through how MFH International Enterprises marketed pills called "Harmony" and "Passion Femme" as herbal alternatives while charging premium prices of nearly $1...

The spectre of trade wars looms as social media announced tariffs threaten to disrupt the Canada-US relationship, but a powerful alternative to the traditional tit-for-tat approach exists. Rather than punishing ourselves with counter-tariffs that make goods more expensive for Canadians, we could follow Brazil's remarkably successful strategy from 2010.

When faced with harmful US cotton subsidies, Brazil obtained WTO a...

Explore the intricate landscape of Canadian immigration law with us in this episode, where we unravel the surprising realities that can lead to deportation for long-term residents. Our primary focus is a captivating case involving a UK citizen who, after living in Canada for over 70 years, finds himself facing deportation due to organized criminality. The conversation sheds light on the legal definitions that can suddenly place an ...

What legal responsibilities do towns have when a simple stroll through a park turns tragic? Join us as we sit down with Michael Mulligan to uncover the layers of liability and negligence that come into play when public spaces fail to safeguard their visitors. Through the lens of a heart-wrenching case involving a young boy in Gibsons who became tetraplegic after a dead tree fell on him, we explore the critical question of whether t...

Unlock the secrets to challenging traffic citations and safeguarding your inheritance as we dissect intriguing legal scenarios from British Columbia. Ever wondered about the complexities behind those speed signs in construction zones? Discover how questioning their validity can shift the burden onto the Crown and how this impacts unsuspecting drivers. We'll shine a light on the legal presumptions that surround highway signage ...

Prepare to challenge your understanding of Canadian law with our guest, Michael Mulligan, as we unravel three pivotal legal cases making headlines in British Columbia. First, we dissect a bold ruling where a BC judge declared the 25-year parole ineligibility for first-degree murder unconstitutional. This decision could transform the legal landscape, questioning whether longstanding standards align with modern constitutional rights....

What if one impulsive moment could change a murder charge to manslaughter? Understanding the intricate nuances of Canadian law, we unpack the legal concept of provocation, especially its role in the justice system. Explore the far-reaching implications of the 2015 amendments under the Zero Tolerance for Barbaric Cultural Practices Act and the constitutional debates they spark. Discover a recent BC Court of Appeal case where a husba...

Imagine being penalized for a simple screen touch while trying to make a living. Michael Mulligan of Mulligan Defence Lawyers joins us to unravel the outdated distracted driving laws that put gig economy drivers in a bind. Our conversation sheds light on how these regulations, which only permit screen interactions for phone calls, fail to consider today's work environment for gig workers like Uber Eats drivers. We highlight a ...

Unlock the hidden power of intellectual property in global trade as we explore Canada's strategic maneuvers against US policies. Instead of traditional tariffs, imagine the impact of restricting US intellectual property rights on Canadian soil. Get ready to dissect a thrilling legal case over a $2 million lottery ticket—is it a solo jackpot or a group windfall? We unravel the details, from the tangled web of evidence to the bu...

The episode dives into the intriguing dynamics between the United States and Canada, particularly surrounding trade and intellectual property (IP). As US President Donald Trump threatened tariffs on Canadian goods, a discussion emerged on how Canada could respond strategically. The central theme revolves around the underappreciated power of intellectual property as a bargaining chip in trade negotiations, particularly for a smaller...

Can a province truly bypass judicial processes in the name of housing development? Join us as we tackle this question with Michael Mulligan of Mulligan Defence Lawyers, providing his expert insights into a legal storm brewing over a proposed 12-story housing project in Vancouver's Kitsilano neighbourhood. This episode uncovers constitutional tensions as the provincial government attempts to circumvent judicial review, sparking...

Our conversation begins with a deep dive into the charge approval process for sexual assault, where we illuminate the nuances between the standards required for police arrests and those for Crown charge approvals. We tackle the challenge of relying solely on the versions of events provided by complaints due to the lack of independent witnesses or forensic evidence. Through a discussion on trauma-informed interviewing, we ponder its...

Why did former Constable Ferris' questionable actions lead to a legal overturning of drug convictions, and what role did an inadequate defence play in this dramatic courtroom saga? Join us as we promise to unravel the complexities of police misconduct, discredited testimonies, and the impact of mental health on legal defence. With Michael Mulligan of Mulligan Defence Lawyers as our guide, we navigate through a case that unders...