#61 - What Constitutes Sexual Assault in Canada, with Sarah Runyon
Borderlines23 Syys 2021

#61 - What Constitutes Sexual Assault in Canada, with Sarah Runyon

Sarah Runyon is a criminal defense lawyer on Vancouver Island. 3:00What is sexual assault? 5:30Is all sex between an employer and employee deemed to be non consensual? 6:00Why was sexual assault separated from general assault? Is rape a distinct offence from sexual assault? Are there degrees of sexual assault?7:30If someone is at a nightclub and they start dancing with another person without their consent does that fit the definition of sexual assault? 15:00Evidentiary issues.16:30Often the criminal defense bar wants judges to have a wide discretion in terms of what they can consider. Is this the same in the case of sexual assault? 21:00Does the maxim “it is better that five guilty people go free than one innocent person go to jail.” Is the legal system moving away from this in sexual assault? 27:00Is a restorative justice approach better than the current criminal justice system? 28:45Can sexual assault be verbal? 33:00Is revenge porn sexual assault? 34:00Is there a statutory limitation on sexual assault? 35:00Is being drunk a defense to sexual assault? 44:00If someone is drunk are they capable of consent? 48:30How does one determine whether the complainant was intoxicated? 51:00How does one show an honest but reasonable belief as to consent? 1:03How does the “beyond a reasonable doubt” onus work in sexual assault cases that are “he-said she said”. 1:10Trial by jury or judge.

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Jaksot(239)

#229 - What Counts as Unauthorized Work in Canada? Plus Free Trade Work Permits

#229 - What Counts as Unauthorized Work in Canada? Plus Free Trade Work Permits

What actually counts as “work” under Canadian immigration law? The answer is much broader than simply receiving a paycheque.We discuss a recent Federal Court decision involving unauthorized work and t...

1 Syys 35min

#228 - How Express Entry Went Off the Rails, with Steven Paolasini

#228 - How Express Entry Went Off the Rails, with Steven Paolasini

Canada’s Express Entry system was designed to rank skilled immigrants predictably and select those most likely to succeed economically. Has it instead become an unpredictable collection of category-ba...

25 Elo 51min

#227 - LMIA Exemption Code C-20, “Papers Please” and IRGC Conscripts

#227 - LMIA Exemption Code C-20, “Papers Please” and IRGC Conscripts

We discuss three recent developments:IRCC’s abrupt addition and removal of new requirements for C20 reciprocal-employment work permits;CBSA officers checking the immigration status of participants at ...

18 Elo 45min

#226 - Can Parliament Block Judicial Review? With Paul Daly and Sujit Choudhry

#226 - Can Parliament Block Judicial Review? With Paul Daly and Sujit Choudhry

Can Parliament prevent courts from reviewing the decisions of administrative tribunals?In this episode, we discuss the Supreme Court of Canada’s landmark decision in Democracy Watch v. Canada (Attorne...

11 Elo 54min

#225 - How "sustainable" is IRCC's lauded "return to sustainable immigration levels"?

#225 - How "sustainable" is IRCC's lauded "return to sustainable immigration levels"?

Canada says it is returning immigration to “sustainable levels.” But what does sustainability actually mean? And sustainable for whom?Deanna Okun-Nachoff is joined by immigration lawyer Will Tao, foun...

5 Elo 58min

#224 - Stealth Rule Changes: PGWPs, Iranian Work Permits & Fairness

#224 - Stealth Rule Changes: PGWPs, Iranian Work Permits & Fairness

What happens when IRCC changes the rules after someone has already made major life decisions? Or even submitted their application?We start with recent Post-Graduation Work Permit refusals involving gr...

27 Heinä 56min

#223 - Climate Refugees and The Welcome Table

#223 - Climate Refugees and The Welcome Table

Filmmaker Josh Fox joins Borderlines to discuss his new HBO documentary, The Welcome Table, and the growing displacement of people around the world because of climate change.Josh Fox is an Emmy Award-...

22 Heinä 44min

#222 - LMIA Wage Thresholds Rise

#222 - LMIA Wage Thresholds Rise

Service Canada has increased the wage thresholds that determine whether an LMIA is classified as high wage or low wage. While the numbers may appear modest, the practical consequences are significant....

14 Heinä 48min

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