How A Judge’s Questions Crossed The Line And Triggered A New Trial Legally Speaking With Michael Mulligan podcast

Content provided by Michael Mulligan. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Michael Mulligan or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Legally Speaking with Michael Mulligan »
How A Judge’s Questions Crossed The Line And Triggered A New Trial

3d ago 21:10

MP3•Episode home

Ever wondered when a judge’s questions stop clarifying and start tilting the scales? We dive into a BC sexual assault case where the trial judge’s heavy-handed interventions—pages of pointed questioning, steering how evidence was led, and relying on answers personally elicited—pushed the process past what a reasonable observer would call fair. The conviction didn’t fall because of proven bias, but because the appearance of fairness matters just as much as the verdict, and the court ordered a new trial to reset the game.
From that courtroom moment, we zoom out to a piece of Canadian legal history that still shapes modern practice: private prosecutions. Yes, “anyone” can lay an information, but today the pathway runs through built-in safeguards—judicial screening, notice to Crown Counsel, and the power for Crown to take over and stay proceedings. We explain when that discretion is virtually unreviewable, and when it crosses into abuse of process due to bad faith, improper purpose, or actions that undermine the integrity of the justice system. Along the way, we examine a real-world attempt to weaponize private prosecutions against police, prosecutors, and politicians, why it failed on evidentiary grounds, and how courts use tools like summary dismissal and ad hoc Crown to keep the system credible.
If you care about fair trials, judicial neutrality, prosecutorial discretion, and the rare but critical safety valves that keep politics in check, this conversation offers a clear, grounded tour of the law in action. Subscribe, share with a friend who loves legal deep dives, and leave a review to tell us where you think the line should be drawn.

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

Chapters

1. Can Judges Question Witnesses (00:00:00)

2. Clarifying Vs. Cross-Examining (00:02:50)

3. When Interventions Create Unfairness (00:04:35)

4. Appeal Court’s Fairness Test (00:08:10)

5. New Trial Ordered For Overreach (00:11:30)

6. Summary Vs. Indictment Appeals (00:12:40)

7. Leading Questions And Missed Objections (00:15:30)

8. Private Prosecutions In Modern BC (00:18:20)

280 episodes

#News Talk #News #Government #Michael Mulligan #Law #Legal #Lawyers #Canadian Law #Legal News #Legal News Canada #Legal News British Columbia #Legal News Victoria