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This week on Legally Speaking with Michael Mulligan:The obstruction of roads and highways has become an increasingly common method of protesting various things. As discussed on the show, blocking or obstructing a highway, and in so doing, preventing anyone from doing anything they have a right to do, is a criminal offence pursuant to section 423 (1) (g) of the Criminal Code. The office is punishable by a maximum of five years in jail. Section 2 of the Charter permits “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.” This does not, however, permit someone to express themselves in any way they wish. This section provides no authority to block a highway or spray-paint your thoughts on someone’s property. The police have broad discretion with respect to how they enforce the law and can exercise discretion to delay arrests for a criminal offence if they choose. There is nothing but discretion on the part of the police, however, that would preclude the immediate arrest of anyone blocking or obstructing a highway. “highway” is a defined term in the Criminal Code and means “a road to which the public has the right of access, and includes bridges over which or tunnels through which a road passes.”Also on the show, Ministerial Order 454 is discussed. This order was made pursuant to the Emergency Program Act and limits the amount of gas that can be purchased to 30 litres because of shortages caused by the storm that damaged roads and pipelines in British Columbia. The order also restricts the profit margin of fuel wholesalers and retailers to the gross profit margin achieved for the 90 days prior to the date of the order. The restrictions were made necessary, in large part, because of the shutdown of the Trans Mountain pipeline for repairs. The combination of orders to prevent price rises, and restrict purchases, may be difficult to enforce if the shortage of fuel persists. It relies largely on voluntary compliance and signs posted on gas pumps. Recent economics research shows that short-term fuel demand is more variable based on price than previously believed. For each 1% increase in gas prices, demand decreases by approximately 0.37%. An alternative approach to a short-term fuel shortage would be a short-term, emergency, tax to reduce demand. If the tax was significant, and then it was made clear how long it would last, people would be incentivized to only purchase what they required prior to the tax ending. Finally, a BC Court of Appeal sentence appeal for a man convicted of selling marijuana, in a compassion club, prior to the laws changing which now allow for the sale and possession of marijuana is discussed. The sentence appeal took some time to be heard because conviction appeals are decided before sentence appeals where both a conviction and sentence are being appealed. The man was originally sentenced to one day in jail, and a fine. His sentence appeal was allowed because the trial judge who imposed the sentence didn’t explain why a conditional discharge was not imposed. A conditional discharge is associated with a period of probation and, if successfully completed, someone is deemed not to have been convicted of an offence. Follow this link for a transcript of the show and links to the cases discussed.