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Legally Speaking with Michael MulliganAuthor: Michael Mulligan
Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada. Language: en-ca Genres: Government, News, News Commentary Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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Lack of Jails Threatens Trials and BCNDP vs Constitutional Requirements
Thursday, 30 April, 2026
A court system can have the best rules on paper and still grind to a halt when there is nowhere to hold people. We start with a fresh BC Supreme Court practice direction aimed at a problem that’s been building quietly across the province: accused people denied bail in communities with no correctional facility close enough to support a long trial. When daily transport is impossible and police detachments refuse to function as ad hoc jails, judges are left making hard calls that affect fairness, public safety and the Charter right to a trial within a reasonable time. From chartered flights to the limits of small-town holding cells, we talk through why this is happening and what the court is now requiring through pretrial hearings. We also break down the real-world outcomes on the table: adjournments that risk delay arguments, moving trials away from the community where allegations arose, or releasing an accused from custody simply so the trial can proceed without collapsing under logistics. If you care about access to justice in British Columbia, this is where policy meets reality. Then we turn to one of the biggest legal governance fights in BC right now: the constitutional challenge to the Legal Professions Act and the future of the Law Society of British Columbia. We dig into the idea of an independent bar as an unwritten constitutional principle, why that independence gives meaning to an independent judiciary, and what it could mean when legislation steers a legal regulator toward government priorities like UNDRIP while adding new approval structures and expanding appointment power. The trial decision lets the law stand for now, but the stakes are high and the next stop is likely the Court of Appeal. Subscribe for more Canadian legal analysis, share this with someone who follows BC politics, and leave a review to help others find the show. What’s the bigger risk here: justice delayed by logistics or independence weakened by design?Follow this link for a transcript of the show and links to the cases discussed.
