Episode 62 – Tips from a Former CBSA Inland Enforcement Officer, with Carl Brault

Carl Brault worked for almost twenty years at the Canada Border Services Agency. His roles included Border Services Officer, Intelligence Analyst and Inland Enforcement Officer.

He currently provides consultation services to authorized immigration representatives and can be reached at cb-advisingservices@outlook.com.

3:00 Working as a summer student as a Border Services Officer. 

6:30 September 11, 2011 

9:50 What kind of training does a CBSA officer receive before they start working at the border? 18:10 Working as a CBSA Intelligence Analyst 

21:30 Working as an Inland Enforcement Officer 

25:00 Is CBSA understaffed or overstaffed? 

28:30 Level of autonomy officers have in deferral requests. 

38:30 What should lawyers or individuals do when making deferral of removal requests? 

42:30 The ability of CBSA to make positive decisions by not acting. 

48:30 What is the difference in culture across different offices? 

51:15 What are examples of where counsel harms their clients cause at CBSA? 

54:00 Do CBSA officers care about how lawyers are dressed? 

56:30 Has the attitude towards removals at CBSA regarding removals gotten more rigid? 

1:05:00 Do CBSA officers want more discretion when it comes to removals


Episode 61 – What Constitutes Sexual Assault in Canada, with Sarah Runyon

Sarah Runyon is a criminal defense lawyer on Vancouver Island.

3:00 What is sexual assault? 

5:30 Is all sex between an employer and employee deemed to be non consensual? 

6:00 Why was sexual assault separated from general assault? Is rape a distinct offence from sexual assault? Are there degrees of sexual assault? 

7:30 If someone is at a nightclub and they start dancing with another person without their consent does that fit the definition of sexual assault? 

15:00 Evidentiary issues. 

16:30 Often 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? 

21:00 Does 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? 

27:00 Is a restorative justice approach better than the current criminal justice system? 

28:45 Can sexual assault be verbal? 

33:00 Is revenge porn sexual assault? 

34:00 Is there a statutory limitation on sexual assault? 

35:00 Is being drunk a defense to sexual assault? 

44:00 If someone is drunk are they capable of consent? 

48:30 How does one determine whether the complainant was intoxicated? 

51:00 How does one show an honest but reasonable belief as to consent? 

1:03 How does the “beyond a reasonable doubt” onus work in sexual assault cases that are “he-said she said”. 

1:10 Trial by jury or judge.


Episode 59 – Authorization to Work Without a Work Permit, with Cristina Guida

Cristina Guida is a senior associate lawyer with Green and Spiegel LLP in Toronto. She can be found on Twitter @crisguida_gands.

We discuss authorization to work in Canada without a work permit, including business visitors, students, perfroming artists, maintained status, the global skills strategy and other categories. We also discuss what Canada’s immigration department continues to be “work.”