『Legally Speaking with Michael Mulligan』のカバーアート

Legally Speaking with Michael Mulligan

Legally Speaking with Michael Mulligan

著者: Michael Mulligan
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今ならプレミアムプランが3カ月 月額99円

2026年5月12日まで。4か月目以降は月額1,500円で自動更新します。

概要

Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.© 2026 Legally Speaking with Michael Mulligan 政治・政府 政治学
エピソード
  • Aboriginal Title On Nootka Island
    2026/04/10

    A court can end up deciding the fate of an island by looking at the scars on cedar trees and counting the rings inside them. We dig into a new British Columbia Court of Appeal decision on Aboriginal title for Nootka Island off Vancouver Island, where the key legal question is what “sufficient use” meant at the moment of sovereignty in 1846 under the Oregon Treaty. That one date forces everyone to reconstruct the past using expert anthropology, historical records, and physical evidence on the land.

    We talk through the building blocks of an Aboriginal title claim in Canada: proving the proper Indigenous collective, demonstrating continuity and exclusivity, and even answering foundational questions such as whether the society had a concept of ownership. Then we get into the appellate turning point: culturally modified Western red cedar trees in the interior. The court challenges the idea that a marine-oriented culture only “used” the coastline, noting that canoes, paddles, ropes, hooks, clothing, and ceremonial items all come from forests. The discussion also tracks how the claim is framed to avoid competing interests for now, and why the ruling’s impact on the Forest Act and Parks Act raises real governance and resource questions.

    We finish with a very different legal problem from Provincial Court near Enderby on Highway 97A: a tragic crosswalk death on Canada Day and a charge of driving without due care and attention. By breaking down Motor Vehicle Act section 179, we sort out right of way, what counts as being “on the highway,” the pedestrian duty not to step into traffic when it is impracticable for a driver to yield, and the role of reaction time evidence in the acquittal.

    If you like practical legal analysis from BC courts with real-world stakes, subscribe, share the episode with a friend, and leave a review. What part of these rulings do you think will matter most going forward?


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

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    21 分
  • Star Players Stay Home & Police Dog Chase to Doggy Daycare
    2026/04/02

    Messi-sized hype, premium ticket prices, then a last-minute announcement that the stars aren’t coming. We walk through the Vancouver Whitecaps class action that followed, including the consumer protection and contract claims that were pleaded and the court process that protects thousands of ticket buyers who never appear in court. If you’ve ever wondered how a class action settlement gets approved in British Columbia, we translate the legal test of “fair and reasonable” into plain language, including what notice looks like, what it means to opt out, and why a handful of objections can still trigger careful judicial scrutiny.

    Then we get to the part that surprised many people: the settlement pays $475,000, but not to the class members. The money goes as charitable donations to BC sports organizations, with the judge accepting that distributing a few dollars per person could cost more than it’s worth once administration and verification are added. We also talk about the real-world “make-good” measures offered to fans, the requirement for clearer ticket language that players are subject to change, and how courts review class counsel fees and a representative plaintiff's honorarium.

    From there, the legal grab bag keeps going. We unpack a Vancouver e-scooter case that starts with sidewalk and helmet issues, turns into a pursuit and the abandonment of bags at a muddy construction site, and ends with a police dog leading officers to a doggy daycare. Finally, we explain a major development under the Youth Criminal Justice Act: following a Supreme Court of Canada decision, the Crown must prove beyond a reasonable doubt that diminished moral blameworthiness is rebutted before a teen can receive an adult sentence, and courts must separate maturity from sentence-length objectives.

    If you like sharp legal analysis tied to real BC headlines, subscribe, share the episode with a friend, and leave a review. What part of these outcomes feels most fair or most unsettling to you?


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

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    23 分
  • British Columbia And Alberta Clash On How To Regulate Lawyers
    2026/03/26

    Two neighbouring provinces are running a live experiment on professional regulation, and the results could shape how Canadians think about law societies, licensing bodies, and government power. We walk through British Columbia’s Legal Professions Act changes, including the shift in what the Law Society is being asked to prioritize, and how that ties into disputes over mandatory cultural competency and sensitivity training for lawyers.

    Then we cross into Alberta, where Bill 13, the Regulated Professions Neutrality Act, lands like a hard reset. The law sets out a “neutrality” framework that rejects assigning privilege or disadvantage based on enumerated personal characteristics or beliefs, and it specifically blocks regulators from mandating training on topics like cultural competency, unconscious bias, diversity, equity, and inclusion. Put beside BC’s approach, it’s a stark policy split, and it raises a bigger question: what happens to independent regulation when politics starts writing the regulator’s mission?

    We also shift to criminal law and a case with an ordinary trigger and an extraordinary outcome. A dispute over an e-bike, a shove, a fall, and a death days later led to a manslaughter conviction, with the key issue being defence of property under Criminal Code section 35, not self-defence. We unpack the “reasonable in the circumstances” standard, the modified objective test, and why appeals courts usually won’t redo a trial judge’s judgment call.

    If you care about legal rights, regulatory independence, Canadian criminal law, and where “reasonable force” really sits in practice, this one will stay with you. Subscribe, share the episode, and leave a review, then tell us: should governments ever steer professional regulators this directly?


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

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    23 分
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