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Tragic Intersection: The Thin Line Between Mistake and Crime
Manage episode 503058109 series 2899369
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.
When does a driving mistake become a crime? The latest Court of Appeal ruling tackles this haunting question through the case of a driver who missed a red light, causing a collision that killed an 18-month-old child and seriously injured the father. Despite the devastating outcome, the court upheld the driver's acquittal on dangerous driving charges, drawing a careful distinction between tragedy and criminality.
The case illuminates the legal threshold for dangerous driving in Canada. Unlike provincial traffic violations, criminal dangerous driving requires a "marked departure from the standard of care of a reasonably prudent driver." This distinction carries enormous consequences in BC's no-fault insurance system, where criminal convictions can leave drivers personally liable for millions in damages with no insurance coverage. The ruling affirms that momentary lapses in attention, while potentially catastrophic, don't automatically cross into criminal territory.
Also examined was a fascinating estate case spanning nearly four decades. When a terminally ill woman created her will in 1984, she couldn't have anticipated her modest $50,000 home would be worth $1.2 million by the time her partner died 37 years later. The court had to determine whether her children should receive half the original value or half the current value—ultimately ruling that the original value prevailed. Finally, we explored how "unexplained wealth orders" in civil forfeiture cases can force individuals to account for suspicious assets like million-dollar properties and cash hoards that don't match their declared income.
These cases remind us how legal decisions shape lives in profound ways, whether determining criminal liability for split-second errors, interpreting decades-old intentions, or requiring explanations for suspiciously acquired wealth. Subscribe to our podcast for more insightful legal analysis that makes complex Canadian law accessible and meaningful.
Follow this link for a transcript of the show and links to the cases discussed.
Chapters
1. Dangerous Driving Case Introduction (00:00:00)
2. Legal Standard for Dangerous Driving (00:04:30)
3. Court of Appeal's Decision Analysis (00:08:30)
4. Will Interpretation Case: 1984 to Present (00:10:40)
5. Unexplained Wealth Order Case (00:17:30)
272 episodes
Share
Manage episode 503058109 series 2899369
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.
When does a driving mistake become a crime? The latest Court of Appeal ruling tackles this haunting question through the case of a driver who missed a red light, causing a collision that killed an 18-month-old child and seriously injured the father. Despite the devastating outcome, the court upheld the driver's acquittal on dangerous driving charges, drawing a careful distinction between tragedy and criminality.
The case illuminates the legal threshold for dangerous driving in Canada. Unlike provincial traffic violations, criminal dangerous driving requires a "marked departure from the standard of care of a reasonably prudent driver." This distinction carries enormous consequences in BC's no-fault insurance system, where criminal convictions can leave drivers personally liable for millions in damages with no insurance coverage. The ruling affirms that momentary lapses in attention, while potentially catastrophic, don't automatically cross into criminal territory.
Also examined was a fascinating estate case spanning nearly four decades. When a terminally ill woman created her will in 1984, she couldn't have anticipated her modest $50,000 home would be worth $1.2 million by the time her partner died 37 years later. The court had to determine whether her children should receive half the original value or half the current value—ultimately ruling that the original value prevailed. Finally, we explored how "unexplained wealth orders" in civil forfeiture cases can force individuals to account for suspicious assets like million-dollar properties and cash hoards that don't match their declared income.
These cases remind us how legal decisions shape lives in profound ways, whether determining criminal liability for split-second errors, interpreting decades-old intentions, or requiring explanations for suspiciously acquired wealth. Subscribe to our podcast for more insightful legal analysis that makes complex Canadian law accessible and meaningful.
Follow this link for a transcript of the show and links to the cases discussed.
Chapters
1. Dangerous Driving Case Introduction (00:00:00)
2. Legal Standard for Dangerous Driving (00:04:30)
3. Court of Appeal's Decision Analysis (00:08:30)
4. Will Interpretation Case: 1984 to Present (00:10:40)
5. Unexplained Wealth Order Case (00:17:30)
272 episodes
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Similar to Legally Speaking with Michael Mulligan
The highlights of Afternoons with Relebogile Mabotja, just in case you missed the show.
…
continue reading
Entrepreneurship empowers everyone
…
continue reading
The Cārvāka Podcast is a series of long-form conversations hosted by Kushal Mehra. The podcast covers a wide range of subjects where Kushal speaks with a wide range of guests to talk about sports, philosophy, public policy, current affairs, history, economics, etc.
…
continue reading
The UK Column is an independent news organisation analysing the information war. Operating without financial backing or external investment, we remain free from advertisers, foundations, and political parties, relying solely on support from our audience through memberships and donations.
…
continue reading
If you’re reading this, chances are you’re not an undecided voter. But if you don’t want Donald Trump to become president again, between now and November you’ll need to convince as many as you can to cast their ballot for Joe Biden. With the help of some of the smartest strategists, pollsters, and organizers in politics today, host Jon Favreau explores the minds of voters who will decide the 2024 election, and gives you everything you need to persuade the persuadables in your life. Season 4 ...
…
continue reading
Daily news updates from across the Slate Podcast network.
…
continue reading
Mark Levin is one of the hottest talk radio hosts in America. A prominent conservative commentator, best-selling author and constitutional scholar, Mark offers fresh takes on daily news headlines and dissects important events of the day. Heard weeknights on nearly 400 radio stations, Levin is loved in every corner of America. He cuts through the noise with his passion and intellect, often saying things others won’t. Or as Mark himself would declare: “That’s right. I said it!”
…
continue reading
Each week, Foreign Policy Live will feature a substantive conversation on world affairs. Host and FP editor in chief Ravi Agrawal will be joined by leading foreign-policy thinkers and practitioners to analyze a key issue in global politics, from the U.S.-China relationship to conflict and diplomacy. FP Live is your weekly fix for smart thinking about the world. Foreign Policy magazine subscribers can watch these interviews live and submit questions and suggestions by going to https://foreign ...
…
continue reading
Each week, Milan Vaishnav and his guests from around the world break down the latest developments in Indian politics, economics, foreign policy, society, and culture for a global audience. Grand Tamasha is a co-production of the Carnegie Endowment for International Peace and the Hindustan Times.
…
continue reading
Host Marco Werman and his team of producers bring you the world's most interesting stories that remind us just how small our planet really is.
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continue reading
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Go offline with the Player FM app!
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