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 nation like Canada. Michael Mulligan, a Barrister with Mulligan Defence Lawyers, emphasized that tariffs, often seen as the primary retaliatory measure, could ultimately harm Canadian consumers more than US producers.

Understanding the intricate mechanisms of tariffs is key to grasping the broader consequences they can have on the economy. For instance, imposing a tariff on imported orange juice or motorcycles from the US would lead to inflated prices for Canadian consumers, while the US would experience only a minor economic sting. Thus, the discussion shifted toward a more sophisticated method of retaliation, focusing on IP laws established followin the North American Free Trade Agreement (NAFTA) and its successor, the United States-Mexico-Canada Agreement (USMCA). Mulligan pointed out that the core of US-Canada trade discussions for many years has centred on IP protections, effectively making them a focal point of economic dependence.

Mulligan explored real-world examples from Brazil and Antigua, which successfully leveraged their own IP protections in previous trade disputes with the US. Brazil’s complaint regarding US cotton subsidies led to the approved threat of revoking US IP protections, which ultimately resulted in the US conceding to pay Brazil $130 million per year. Similarly, Antigua exploited online gambling disputes with the US, illustrating how the threat of losing IP protection led to fruitful negotiations. This approach illustrates how Canada might consider the strategic use of IP law to apply pressure on the US, particularly given the reliance of many American industries on these legal protections.

The latter part of the episode transitioned dramatically into a more sombre topic: a first-degree murder case in Nanaimo. The gruesome details of the crime revealed a complex tapestry of intimate partner violence and the psychological implications associated with it. Michael discussed how the defendant’s appeal to self-defence was complicated by the admissibility of expert evidence related to intimate partner violence. The case set off a significant dialogue about the complexities of legal definitions surrounding self-defence and the importance of integrating expert insights into judicial proceedings.

The legal intricacies presented in the murder case add depth to the episode. The issue of admitting expert evidence played a crucial role, with the judge having to determine if the proposed testimony would be more prejudicial than probative. Mulligan explained that understanding the nuances of intimate partner violence can be vital to a fair trial, as conventional wisdom often fails to capture the complex emotional and psychological realities victims face. The juxtaposition of trade strategies and legal defences in murder cases provides a compelling lens through which to understand both the legal landscape and the very human stories behind it.

Ultimately, this podcast episode not only sheds light on the legal frameworks governing trade but also emphasizes the ethical responsibilities of the legal system to understand and acknowledge trauma in criminal cases. It stands as a poignant reminder of how law intersects with both international affairs and personal struggles, illustrating the multifaceted nature of legal advocacy today.

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

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.