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 a broader discussion about the limits of provincial power and the essential role of superior courts as outlined in section 96 of the Constitution Act 1867. Listen closely as we dissect the court's stance on rezoning requirements and the implications for due process.

In another compelling narrative, we follow the legal fight for a young woman in foster care, spotlighting her struggle for adequate lifelong support against the backdrop of government-imposed financial caps. Delve into the province's contentious plan to offset compensation with potential aid from Community Living BC. At the same time, we introduce the novel "Peter's Promise" concept from the UK that challenges conventional compensation frameworks. Through this analysis, we emphasize the dignity and autonomy of individuals affected by legal decisions whilst navigating the uncertainties of relying on government support. Michael Mulligan's expertise brings clarity to these intricate issues, making this episode a must-listen for anyone interested in the dynamic interplay between law, community, and individual rights.

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

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 potential impact on case outcomes and highlight the importance of maintaining fairness by not labelling complainants as victims before trial proceedings.

In the second half of the show, we tackle the sobering realities of hit-and-run cases. We explore an ICBC claim following a hit-and-run accident in Vancouver, emphasizing the importance of promptly and actively pursuing insurance coverage by identifying at-fault drivers rather than relying entirely on police investigations. To enrich this discussion, we welcome Michael Mulligan of Mulligan Defence Lawyers for his regular Legally Speaking segment, where he offers invaluable legal insights and expertise. Join us as we navigate these legal intricacies, offering you a rich understanding of the processes and implications at stake.

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

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 underscores how fragile justice can be, hinging on the integrity of evidence and the robustness of representation. This is more than just a legal story—it's a reflection on trust in law enforcement and the resilience of the appeals process.

We also explore a tangled web of inheritance and relationship status with profound implications for estate distribution. Was Sharon and Dick's companionship truly marriage-like, and how does this affect the legacy left behind? Michael Mulligan helps us dissect the judge’s decision, which drew from intimate accounts of the couple’s shared experiences rather than family skepticism. This episode highlights the critical need for clarity in wills, as we confront issues of spoliation and sibling contestation. Prepare for an engaging discussion that lays bare the subtle intricacies of human relationships and their legal ramifications.

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