The legal landscape in Canada continues to evolve with significant implications for sexual assault cases, courtroom procedures, and sentencing guidelines.

A groundbreaking Supreme Court of Canada decision has overturned a British Columbia sexual assault conviction in a case where prosecutors introduced evidence about the complainant's sexual inexperience without proper screening. The Court established that "sexual inactivity evidence" – including statements about virginity or lack of sexual interest – must face the same strict admissibility standards as evidence about past sexual activity. This landmark ruling recognizes that just as past consent doesn't imply present consent, past abstinence doesn't imply present non-consent. The decision extends protections against "twin myth reasoning" to both sides of the courtroom, requiring voir dire hearings whenever either Crown or defence wishes to introduce evidence about sexual history or the lack thereof.

Meanwhile, the BC Supreme Court has issued a fascinating new practice direction on witness oaths and affirmations. While the Bible remains available in courtrooms, witnesses wishing to swear upon other religious or cultural items must now bring their own. The directive specifically addresses concerns about ceremonial practices that might compromise courtroom "dignity, decorum and/or safety" – a provision likely influenced by historical oath ceremonies involving chicken beheadings, candle-burning rituals, saucer-smashing, and other culturally-specific practices. This raises profound questions about the continued relevance of religious declarations in modern court proceedings and whether simply affirming to tell the truth might better serve justice.

The courts also clarified the binding nature of joint submissions in a manslaughter case involving a man whose push led to his girlfriend's accidental fatal fall from a cliff. The BC Court of Appeal emphasized that judges cannot "tinker" with sentencing agreements between prosecution and defence unless they would "bring the administration of justice into disrepute." This high threshold protects the plea bargaining system that keeps our courts functioning. These cases collectively demonstrate how Canadian courts continue to balance procedural fairness, cultural sensitivity, and practical administration of justice in an evolving society. Subscribe to hear more analysis of pivotal legal developments that shape our justice system and reflect our changing social values.

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What happens when crucial evidence is withheld from the defence in a murder case? The devastating consequences unfolded in a tragic BC case where a woman's life was completely shattered after being wrongfully convicted in connection with a toddler's drowning death.

The Supreme Court of Canada recently ordered an acquittal for a woman who served a year in prison after pleading guilty to criminal negligence causing death. She made this plea without knowing that Crown prosecutors had withheld 140 pages of material questioning the reliability of the medical examiner whose opinions were central to the case against her. The consequences went far beyond her prison sentence—she lost custody of her four children, faced community ostracism, developed drug addiction, and eventually became homeless.

This miscarriage of justice highlights the critical importance of proper evidence disclosure in our legal system. Even the family of the deceased toddler supported the acquittal, recognizing the compounded tragedy when justice fails. Adding a bizarre twist to this case, the Alberta government recently issued an apology to the medical examiner, stating "there have been no miscarriages of justice" connected to his work - apparently contradicting the findings of both the British Columbia Court of Appeal and the Supreme Court of Canada.

In another revealing case, a permanent resident faces deportation after 34 years in Canada due to impaired driving convictions. Despite police violating his rights by video recording him using the toilet in his cell (which the judge acknowledged warranted some sentence reduction), the court declined to artificially lower his sentence below the six-month threshold that triggers deportation proceedings. With 32 driving prohibitions on his record, the judge was "flabbergasted" that the Crown wasn't seeking maximum penalties.

These cases offer crucial warnings: for legal professionals about proper evidence handling, for permanent residents about pursuing citizenship when eligible, and for law enforcement about respecting constitutional rights even when dealing with repeat offenders. When our justice system fails, the human cost can be immeasurable.

Subscribe to hear more stories about the intersection of law, justice, and human lives on Legally Speaking with Michael Mulligan.

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

Navigating the legal maze of property transactions and civil judgments requires understanding nuances that aren't always obvious. Michael Mulligan, barrister and solicitor with Mulligan Defence Lawyers, unpacks two fascinating cases that illuminate these complexities.

First, Mulligan explores a cautionary tale about what constitutes a "fixture" in home purchases. When buyers discovered a beloved dresser missing after taking possession—revealing holes in the wall behind it—they sued for $7,430 in damages. The case hinged on whether the dresser qualified as a fixture that should remain with the property. The legal test? If an item is attached to the property in a way that removal would cause damage, it's likely a fixture. Those IKEA bookshelves you've secured to walls? They might legally transfer with your home unless specifically excluded in the sale contract.

The same dispute involved "conversation sets" on patios—a vague term that led to confusion when the sellers removed chairs and a large wicker sectional. Despite going to court, the buyers received just $100 for their trouble, demonstrating how ambiguous contract language and litigation costs can result in pyrrhic victories. Mulligan's advice is crystal clear: be specific in contracts about what stays and what goes when selling or buying property.

The conversation shifts to a disturbing case involving a disbarred lawyer convicted of sexually assaulting a potential client in his office. When sued civilly, he claimed any judgment would be pointless as he'd simply declare bankruptcy again. This reveals a common misconception about bankruptcy protection. While bankruptcy can discharge many debts, Section 178 of the Bankruptcy and Insolvency Act specifically excludes sexual assault damages, intentional torts, fraud, and court fines from discharge. The $270,000 judgment against him would survive bankruptcy—though collecting from someone without assets remains challenging regardless.

These cases illustrate critical principles: precise language prevents expensive disputes, bankruptcy won't erase obligations from intentional wrongdoing, and winning a judgment doesn't guarantee collection. Whether you're buying a home or seeking justice through civil courts, understanding these legal realities can save you significant time, money, and heartache.

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