When Does Someone Become an Agent of the State?

Legally Speaking with Michael Mulligan

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11d ago 21:19

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Where do your constitutional protections begin and end? The dividing line between private actions and state authority forms the heart of a fascinating BC Court of Appeal decision that clarifies when ordinary citizens become "agents of the police."
The case centers on Loomis Courier employees who, at police direction, set aside suspicious packages for warrantless seizure during a drug investigation. Unlike previous cases involving independent security guards or school administrators, these employees were acting on specific police instructions. The Court established that the key test is whether individuals would have conducted themselves the same way "but for" police involvement—a crucial distinction that determines whether evidence can be excluded from criminal trials.
Privacy rights received further examination in a separate ruling that overturned a class action against the doctor rating website RateMDs.com. The Court determined that publicly available professional information—like a doctor's office address or phone number—doesn't carry a reasonable expectation of privacy protected under BC's Privacy Act. This distinction between truly private information and professional details available through other sources highlights the contextual nature of privacy protections in the digital age.
The Court also addressed the tension between professional standards and constitutional freedoms in a case involving a lawyer disciplined for sharing inappropriate "locker room talk" about a judge with a client. While not condoning the behavior, the ruling emphasized that regulatory bodies must balance conduct requirements against fundamental rights like freedom of expression—even when regulating professionals whose speech carries special responsibilities.
These rulings collectively illustrate how courts navigate the complex intersection of individual rights, professional obligations, and state authority. They remind us that understanding these boundaries is essential in a world where the line between private and public actions continues to blur. What private actions in your life might unexpectedly cross into constitutional territory?

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

Chapters

1. When Does Someone Become an Agent of the State? (00:00:00)

2. Police Agents and Constitutional Protections (00:00:23)

3. Loomis Employees as Police Agents (00:03:12)

4. Doctor Rating Website Privacy Case (00:06:40)

5. Lawyer's "Locker Room Talk" Appeal (00:13:36)

6. Balancing Free Expression with Professional Standards (00:19:34)

7. Conclusion and Sign-off (00:21:04)

275 episodes

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