Judge Alone Murder and Partial Expropriation Compensation

Legally Speaking with Michael Mulligan

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3M ago 22:23

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The boundaries of judicial authority in Canada have been redrawn by a groundbreaking Supreme Court ruling that empowers judges to conduct murder trials without juries—even when prosecutors object. This remarkable case emerged from the early pandemic when COVID-19 made traditional jury trials nearly impossible. A defendant, unwilling to face further delay, requested a judge-alone trial, but prosecutors refused consent. The Supreme Court ultimately sided with the trial judge who proceeded anyway, establishing that protecting a defendant's right to timely justice can override prosecutorial preferences.
This ruling fundamentally reshapes our understanding of what falls within a prosecutor's untouchable "core discretion" versus what judges can override to protect Charter rights. Legal scholars are now watching closely to see how this precedent might extend to other prosecutorial decisions previously considered untouchable.
Property rights received equal attention through a fascinating case where a regional district built what the court bluntly called an "ugly dam" on part of a 157-acre ranch property in the Kootenays. Though only a small portion of land was taken, it transformed a pristine natural lake into an artificial-looking reservoir with an unsightly rocky dam. The court awarded the owner $340,080 in compensation, reinforcing the principle that the government must pay not just for land taken but for how the taking diminishes a property's overall market value.
Most controversial is the Nanaimo murder case, challenging Canada's mandatory 25-year parole ineligibility period for first-degree murder. A man who brutally killed someone with a baseball bat argued that, without the now-eliminated "faint hope clause" (which once allowed parole reviews after 15 years), this sentence constitutes cruel and unusual punishment. Though the judge found the elimination of this clause unconstitutional, the offender still received the full 25-year parole ineligibility due to the brutality of his crime.
These cases collectively demonstrate how our legal system constantly balances competing interests—public safety against individual rights, government needs against property ownership, and societal punishment against constitutional protections against cruelty.

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

Chapters

1. Trial without jury during COVID (00:00:00)

2. Supreme Court ruling on Crown consent (00:05:24)

3. Compensation for property expropriation (00:10:30)

4. Murder sentencing and parole eligibility (00:17:17)

5. Faint hope clause constitutional challenge (00:21:30)

275 episodes

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