#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.

Hosted on Acast. See acast.com/privacy for more information.

Jaksot(222)

 #204 - Stop Bill C-12! With Sharry Aiken

#204 - Stop Bill C-12! With Sharry Aiken

This epsiode offers insight into Professor Aiken's ongoing efforts to raise concern with Bill C-12 (the Stronger Borders legislation currently before Senate) -- both with the Canadian government, and ...

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#203 - New Express Entry Manager Category (2026): Who Actually Qualifies — and Who Doesn’t

#203 - New Express Entry Manager Category (2026): Who Actually Qualifies — and Who Doesn’t

This was originally intended to be a YouTube only episode but several podcast listeners asked that we add it to the audio-only feed as well. A break down the new Express Entry categories announced on ...

5 Maalis 7min

#201 - IRCC’s Security Screening Delays: Causes, Timelines, and Legal Impacts

#201 - IRCC’s Security Screening Delays: Causes, Timelines, and Legal Impacts

As of November 2025, internal IRCC projections reveal a stark reality about Canada’s security screening system. Based on recent processing times by partner agencies and current inventory levels, perma...

3 Maalis 15min

#202 - The Emergencies Act and the Freedom Convoy

#202 - The Emergencies Act and the Freedom Convoy

Josh Dehaas, Interim Litigation Director at the Canadian Constitution Foundation (CCF), joins to walk through the Federal Court of Appeal’s Emergencies Act decision, often referred to as the “Freedom ...

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#200 - Building a Corporate Immigration Law Practice

#200 - Building a Corporate Immigration Law Practice

Jonathan Leebosh is a recently retired partner and longtime leader of EY Law’s immigration practice in Vancouver.In this episode Jonathan reflects on a career that took him from refugee camps in Hong ...

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#199 - Is Canada’s Population Decline Good for the Economy?

#199 - Is Canada’s Population Decline Good for the Economy?

Canada is deliberately slowing, and possibly reversing, its population growth. But what does that actually mean for the economy?We are joined by economist Mikuel Scutterat for a wide-ranging and candi...

9 Helmi 53min

#198 - How Decisions Get Written, with Justice Peter Edelmann

#198 - How Decisions Get Written, with Justice Peter Edelmann

In this audio-only reunion episode, former Borderlines Podcast host Peter Edelman joins to discuss life on the British Columbia Court of Appeal. Topics discussed include how decisions get made and w...

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#197 - New World Order

#197 - New World Order

We discuss possible immigration implications of Mark Carney’s recent speech at the World Economic Forum in Davos. Topics discussed include trade agreements, mobility rights, national security screenin...

26 Tammi 29min

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