Not On Record Podcast

Episodes

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  EP#222 | Fifty Shades of Consent: When BDSM Becomes Criminal 17.08.2026 24m

  Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord How far can consent go? In this episode of Not On Record, Joseph Neuberger and Diana Davison return to an issue they have discussed several times: the complicated intersection of BDSM, sexual consent and Canadian criminal law. For people involved in BDSM and alternative sexual communities, consent can be highly structured. Partners may negotiate boundaries in advance, use safe words or colour systems, communicate exactly what acts they are comfortable with, and even put their agreements in writing. So what happens when someone later complains? Joseph discusses two current cases involving clients who had established specific communication systems for consent, yet were still charged with sexual assault. The central question is whether negotiated consent systems have any legal protection when the criminal law is applied after the fact.
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  EP#221 | Why Didn’t Police Investigate? The Case That Exposed a Broken System 10.08.2026 38m

  Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord In Episode 222 of Not On Record, Joseph Neuberger and Diana Davison examine a question that clients ask repeatedly: “Why am I being charged when the police never investigated my side of the story?” The discussion focuses on the distinction between taking a complainant’s statement and conducting a full, objective investigation. Joseph and Diana walk through a real case in which the accused provided police with detailed information about the events, including potential witnesses, receipts, locations, CCTV footage, phone evidence, dash-cam footage and other information that could potentially confirm or contradict the allegations. Yet many of those investigative avenues were not pursued. The episode explores: • What grounds police need before laying a criminal charge • Whether taking a complainant’s statement can constitute an “investigation” • Why police may not conduct follow-up interviews • The importance of CCTV and other time-sensitive digital evidence • What happens when police seize a phone but don’t promptly extract the evidence • How the defence can attempt to preserve and obtain evidence police haven’t collected • When third-party records, including medical records, may become relevant • Why an accused person’s request for police to investigate potentially exculpatory evidence matters • The role of Crown counsel in reassessing whether there is a reasonable prospect of conviction • The consequences of failing to conduct an objective investigation • Why proper investigations ultimately protect both accused people and genuine victims
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  Not On Record REWIND | Finally A Win For Men 03.08.2026 36m

  Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord A landmark acquittal may reshape how Canadian courts view domestic abuse. Joseph Neuberger and Michael Bury break down a historic sexual assault trial involving allegations made during a high conflict divorce, where expert evidence established that the accused was an abused husband suffering from trauma caused by coercive control. The discussion explores how this evidence was admitted, why it mattered, how it influenced cross-examination, and why the judge ultimately rejected the complainant’s credibility. They also explain the legal test for admitting expert evidence, the importance of challenging stereotypes surrounding male victims, and why rigorous research into false allegations is long overdue.
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  Not On Record REWIND | When Children Are Told What to Remember 27.07.2026 28m

  In this Not On Record REWIND, Joseph Neuberger and Diana Davison revisit two extraordinary acquittals that highlight the importance of credibility, reliability, and the presumption of innocence in Canadian criminal courts. The discussion examines a high-conflict family law dispute involving allegations of parental alienation, implanted memories, and nine criminal charges that resulted in complete acquittals. They also analyze a separate sexual assault case where the trial judge went beyond reasonable doubt and expressly rejected the complainant’s testimony while accepting the accused’s evidence. The episode explores why criminal trials exist to determine guilt beyond a reasonable doubt, not to vindicate allegations, and discusses growing concerns over false accusations, specialized courts, and the need for rigorous academic research into wrongful allegations.
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  Not On Record REWIND | The Divorce Playbook: How Criminal Charges Start 20.07.2026 32m

  In this Not On Record Rewind episode, Joseph Neuberger, Michael Bury and Diana Davison explore the growing intersection between family law and criminal law, and why defence lawyers must pay close attention to both. The discussion begins with a recent sexual assault trial arising from a high-conflict divorce and expands into a broader examination of how family court proceedings can influence criminal cases. Joseph and Diana analyze the Ontario decision in *Ahluwalia v. Ahluwalia*, which recognized a new tort of family violence and opened the door to significant damage awards within family law proceedings. The conversation examines how family court documents, affidavits, separation agreements, and discoveries can become powerful evidence in criminal trials. Drawing from real cases, the hosts explain how contradictions, financial disputes, allegations of coercive control, and competing narratives often emerge when family and criminal proceedings unfold simultaneously. They also discuss the importance of coordinating family and criminal defence strategies, the dangers of acting impulsively during separation, and why children are often the greatest victims when legal disputes become weaponized.
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  EP#220 | Bill C-14: The End of Presumed Innocence? 13.07.2026 29m

  **Sponsored by EasyDNS** Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** In Episode 220 of Not On Record, criminal defence lawyers Michael Bury and Nick discuss Canada’s new Bail and Sentencing Reform Act (Bill C-14), a sweeping piece of legislation introducing more than 80 changes to Canada’s bail and sentencing laws. The discussion examines the government’s stated goal of addressing public concerns over repeat offenders, violent crime, auto theft, home invasions, human trafficking, and organized criminal activity. Michael and Nick break down the most significant reforms, including expanded reverse onus provisions, restrictions on sureties, changes to the ladder principle, new sentencing aggravating factors, and the elimination of conditional sentence orders for certain offences. The episode also explores the potential unintended consequences of these reforms, including increased pre-trial detention, overcrowded jails, longer bail delays, additional pressure on courts, and the impact on accused persons who remain presumed innocent while awaiting trial. The hosts discuss concerns raised by defence lawyers, civil liberties advocates, and organizations that question whether tougher bail laws will meaningfully reduce crime or simply place greater strain on an already overburdened justice system. Topics include reverse onus bail hearings, human trafficking offences, auto theft, home invasions, conditional sentences, prison overcrowding, mental health concerns, rehabilitation, GPS monitoring programs, and the broader debate between public safety and civil liberties. Chapters * 00:00 Introduction to Bill C-14 * 03:15 Overview of Bail and Sentencing Reform Act * 07:30 Reverse Onus Expansion Explained * 12:40 Changes to Sureties and the Ladder Principle * 18:45 Human Trafficking, Auto Theft and Home Invasions * 24:20 Presumption of Innocence vs Public Safety * 31:10 Bail Court Delays and System Strain * 38:00 Conditions Inside Ontario Jails * 45:30 Impact on Defence Preparation and Fair Trials * 52:15 Conditional Sentences and House Arrest Changes * 58:40 Indigenous and Vulnerable Populations * 1:04:20 Mental Health, Addiction and Recidivism * 1:10:10 GPS Monitoring and Alternative Approaches * 1:15:30 Final Thoughts on Bill C-14
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  EP#219 | Judge's Logic Destroyed on Appeal 06.07.2026 21m

  **Sponsored by EasyDNS** Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** A domestic assault trial. Twelve charges. A mixed verdict. Then an appeal that changed everything. In this episode of *Not On Record*, criminal lawyers Michael Bury and Nick discuss a remarkable appeal victory involving a highly contested domestic assault prosecution. After a nine-day judge-alone trial, the accused was acquitted of most charges but convicted on three counts. The defence believed serious errors had been made in the trial judge’s credibility analysis and took the case to appeal. The discussion explores one of the most important issues in criminal law: how courts assess witness credibility and reliability. The case centred on major inconsistencies between sworn family court affidavits and criminal trial testimony. Rather than treating those inconsistencies as damaging to credibility, the trial judge attributed them to a supposed “filtering process” by police, lawyers, and court procedures. Nick explains how the appeal challenged that reasoning, arguing there was no evidence and no legal foundation for excusing contradictory sworn statements on that basis. The appeal court ultimately agreed, finding that appellate intervention was warranted and ordering a new trial.
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  EP#218 | 20 Year Error 29.06.2026 38m

  **Sponsored by EasyDNS** Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** The Supreme Court of Canada has finally stepped in to correct a legal misunderstanding that has influenced credibility assessments in criminal trials for nearly two decades. In **R. v. Berg, 2026 SCC 21**, the Court dismissed the accused’s appeal but used the opportunity to deliver important guidance on the proper application of reasonable doubt, credibility findings, and the landmark **W.(D.)** framework. Criminal defence lawyers **Joseph Neuberger** and **Diana Davison** examine how the Ontario Court of Appeal’s 2006 decision in **J.J.R.D.** was repeatedly misapplied by trial courts, creating the risk of turning criminal trials into impermissible credibility contests. They explain why the Supreme Court unanimously reaffirmed that convictions cannot rest solely on a judge believing a complainant over an accused, and why judges must analyze all the evidence before concluding guilt beyond a reasonable doubt. This episode explores the presumption of innocence, appellate review, sexual assault trials, credibility assessments, and what this major Supreme Court ruling means for future criminal cases across Canada.
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  EP#217 | THE DANGER OF GLOBAL CHARGES 22.06.2026 42m

  **Sponsored by EasyDNS** Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** In this episode of *Not on Record*, Joseph and Diana break down a mind-boggling case involving "global charges" of sexual assault spanning a 23-year relationship. When an accuser alleges hundreds of identical assaults but their real-life actions—from planning a family to praising their partner—completely contradict their stated state of mind, how should the court react? We dive deep into the dangerous intersection of family law disputes and criminal charges, exploring where the legal principle against "myth-based reasoning" ends and basic human common sense begins. Are courts becoming too terrified to call out patently absurd testimony? Plus, we take a brief, existentially terrifying detour into the end of the universe. **Sponsored by EasyDNS:** Secure your domain and web hosting with a provider that has a 30-year track record. Protect yourself from cancel culture and nefarious actors. Like, share, subscribe, for more insights from inside the justice system!
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  EP#216 | What If They Lied About Their Age? 15.06.2026 43m

  EP#216 | What If They Lied About Their Age? by Possibly Correct Media
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  EP#215 | She Read the Affidavit. Then Her Story Changed 08.06.2026 30m

  **Sponsored by EasyDNS* Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** In Episode 215 of *Not On Record*, Joseph Neuberger and Diana Davison examine a troubling trial issue: what happens when a complainant appears to tailor their testimony after reading the defence affidavit in a pre-trial application? The discussion focuses on Section 276 and 278 applications, reverse disclosure concerns, R v JJ, credibility, reliability, and whether cross-examination is enough to protect trial fairness when key details appear for the first time in examination-in-chief. This episode explores the growing tension between complainant participation rights and an accused person’s right to make full answer and defence.
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  EP#214 | Reliability vs Credibility 01.06.2026 24m

  **Sponsored by EasyDNS** Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** In Episode 214 of *Not On Record*, criminal defence lawyer Joseph Neuberger and Diana Davison examine the important Ontario Court of Appeal decision R. v. C.P., 2026 ONCA 333 and discuss how mental illness can properly factor into assessing witness reliability and credibility in criminal trials. The case involved allegations of sexual assault against a biological father and raised complex questions about a complainant who had a documented history of hallucinations, delusions, medication non-compliance, and street drug use during the period of the alleged offences. The Court of Appeal was asked to determine whether the trial judge improperly relied on myths and stereotypes about mental illness when acquitting the accused. Joseph and Diana explain the critical legal distinction between credibility and reliability, why mental illness alone cannot be used to discount a witness’s evidence, and when case-specific evidence of hallucinations, delusions, panic attacks, psychiatric symptoms, or medication issues may legitimately become relevant at trial. They also discuss third-party psychiatric records applications, the evidentiary foundation required to raise mental health issues in court, and why judges must carefully avoid discriminatory reasoning while still assessing reliability based on evidence. This episode provides valuable guidance for criminal lawyers, law students, and anyone interested in how Canadian courts balance fairness, mental health considerations, and the search for truth in the justice system. ### **Chapters** **00:00** Introduction to R. v. C.P. (2026 ONCA 333) **02:19** Mental illness, credibility, and reliability explained **04:21** Hallucinations, delusions, medication, and street drug use **07:10** Crown appeal and myths about mental illness **10:13** Evidence supporting reliability concerns **14:29** Accessing psychiatric and therapy records in criminal cases **16:11** Why the Court of Appeal upheld the acquittal **21:34** Lessons for lawyers handling mental health evidence
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  EP#213 | CAN WORDS BE ABUSE? 25.05.2026 43m

  Joseph Neuberger and Diana Davison break down the Supreme Court of Canada’s landmark decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, which recognizes a new tort of intimate partner violence. They examine how coercive control, family law, tort law, and criminal law now intersect, why the dissent warns the ruling may create confusion for courts and litigants, and how this decision could affect future claims involving domestic abuse, financial control, psychological harm, family court litigation, and proposed Criminal Code changes.
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  EP#212 | Can Dreams Convict? 18.05.2026 41m

  Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord Episode 211 of Not On Record goes behind the scenes at a criminal defence firm to explore why preparation, human judgment, social media investigation, and old-school legal craftsmanship still matter in modern criminal defence. Joseph Neuberger, Diana Davison, and Amy discuss how digital evidence, complainant social media posts, withdrawn charges, online reputational damage, and careful statement analysis can dramatically affect sexual assault and domestic allegation cases. From removing outdated police and media posts after charges are withdrawn, to finding inconsistencies across complainant statements, to warning young lawyers about overreliance on AI for cross-examination, this episode is a sharp, funny, and practical look at courtroom strategy, wrongful accusations, defence preparation, and the human skill required to tell the right story in court.
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  EP#211 | She Found The Lie 11.05.2026 45m

  Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord Episode 211 of Not On Record goes behind the scenes at a criminal defence firm to explore why preparation, human judgment, social media investigation, and old-school legal craftsmanship still matter in modern criminal defence. Joseph Neuberger, Diana Davison, and Amy discuss how digital evidence, complainant social media posts, withdrawn charges, online reputational damage, and careful statement analysis can dramatically affect sexual assault and domestic allegation cases. From removing outdated police and media posts after charges are withdrawn, to finding inconsistencies across complainant statements, to warning young lawyers about overreliance on AI for cross-examination, this episode is a sharp, funny, and practical look at courtroom strategy, wrongful accusations, defence preparation, and the human skill required to tell the right story in court.
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  EP#210 | NON-VERBAL CONSENT 04.05.2026 26m

  Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord In Episode 210 of Not On Record, Joseph Neuberger and Diana Davison break down R. v. J.H.C., 2026 ONCA 285, a Court of Appeal decision dealing with communicated consent, non-verbal consent, Crown appeals, adverse inferences, and what happens when a key witness is not called at trial. The discussion explores why consent in Canadian sexual assault law does not require verbal permission at every step, how judges assess credibility under the W.D. framework, and why gaps in the Crown’s evidence can matter without becoming an improper adverse inference. This episode is essential viewing for criminal defence lawyers, legal professionals, law students, and anyone interested in courtroom strategy, false accusations, sexual assault trials, evidentiary burdens, and how appellate courts review acquittals. Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord
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  EP#209 | When the Accuser Is the Stalker: Inside a Shocking Court Case 28.04.2026 32m

  Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecor In this episode of Not On Record, Joseph Neuberger and Diana Davison examine how the criminal justice system can be weaponized through false allegations, court motions, peace bonds, and complainant-driven litigation tactics. Using a current defence case involving historical allegations, alleged stalking behaviour, relationship breakdown, criminal harassment dynamics, voyeurism, sexual assault charges, and courtroom strategy, they explore how legal proceedings can become a tool of coercion, control, and harassment. This episode is essential viewing for lawyers, legal professionals, criminal defence audiences, true crime followers, and anyone interested in false accusations, complainant credibility, courtroom abuse, Crown discretion, police investigations, and how the legal system really works when personal conflict enters the criminal courts. YouTube Tags: Not On Record, Joseph Neuberger, Diana Davison, criminal defence, false allegations, legal analysis, courtroom strategy, criminal justice, stalking, court abuse, weaponized justice, peace bond, complainant credibility, sexual assault defence, voyeurism charge, criminal harassment, true crime, defence lawyer, Canadian law, police investigation, Crown attorney, legal podcast
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  Not On Record REWIND | Can a Judge Truly Be Impartial? 20.04.2026 35m

  Not On Record REWIND | Can a Judge Truly Be Impartial? Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord In this Not On Record REWIND, criminal defence lawyer Joseph Neuberger and Diana Davison dig into a fascinating Canadian court decision asking a deceptively simple question: can a judge ever truly be impartial? Using R. v. Fraser, 2023 NSSC 45, they examine a Crown appeal of an acquittal based on alleged judicial bias, reasonable apprehension of bias, judicial impartiality, recusal motions, and public confidence in the justice system. The discussion breaks down how Canadian courts assess whether a judge crossed the line, why proving actual bias is so difficult, and how courtroom case management can sometimes look alarming to outsiders while still falling short of legal bias. The episode also explores the difference between actual bias and reasonable apprehension of bias, the presumption of judicial impartiality, why appellate courts give deference to trial judges, and how courtroom demeanour, witness credibility, and live evidence can never be fully captured by a transcript alone. Joseph and Diana also widen the lens to discuss whether true impartiality is even possible, referencing Bertha Wilson, R. v. Lavallee, battered woman syndrome, judicial philosophy, and the tension between human experience and the duty to decide cases fairly. Along the way, they reflect on old-school courtroom culture, judicial civility, criminal harassment trials, wrongful conviction concerns, sexual assault and domestic violence prosecutions, and the importance of maintaining public confidence in the Canadian criminal justice system. This episode is essential viewing for anyone interested in Canadian law, criminal trials, judicial conduct, Crown appeals, recusal applications, courtroom fairness, wrongful convictions, legal ethics, and how judges actually make decisions.
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  EP#208 | She Recanted, Then Took It Back. Now What? 13.04.2026 24m

  Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord In this episode of Not On Record, criminal defence lawyer Joseph Neuberger and Diana Davison break down a fascinating Ontario appeal decision involving fresh evidence, recantation, no-contact orders, and the limits of the criminal justice system’s truth-seeking function. The case centers on a convicted man seeking to introduce post-conviction recordings in which the complainant allegedly recants her sexual assault allegations, only to later resile from that recantation when re-interviewed by police. The Ontario Court of Appeal allowed a narrowly tailored cross-examination of the complainant to help determine whether this fresh evidence should be admitted on appeal. This episode explores the legal and policy tension at the heart of the case: should potentially exculpatory evidence be excluded because it was obtained through conduct that may have breached a court order? The discussion also examines how no-contact orders work in practice, what happens when complainants repeatedly reach out to the accused, and why recantations in domestic violence and sexual assault cases are often treated with caution. Joseph and Diana also discuss real-world examples where complainants continued contacting accused persons through text messages, WhatsApp, voicemail, family members, and parenting communication platforms such as OurFamilyWizard. They look at how defence counsel should respond, what the Crown may infer from repeated unwanted contact, and how these communications can affect credibility, reliability, reasonable prospect of conviction, and public-interest decision-making. This is a sharp conversation about sexual assault appeals, false allegations, fresh evidence applications, court order breaches, coercion, credibility assessments, and the uneasy balance between procedural integrity and discovering the truth. Topics in this episode include: Ontario Court of Appeal fresh evidence on appeal sexual assault conviction appeal complainant recantation resiling from a recantation no-contact order breach abuse of process cross-examination on appeal criminal defence strategy false allegations domestic violence recantations reasonable doubt credibility and reliability OurFamilyWizard communications Crown screening and reasonable prospect of conviction Subscribe to Not On Record for serious conversations about criminal law, sexual assault law, trial strategy, appeals, disclosure, credibility, due process, and the realities of the Canadian justice system.
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  EP#207 | The Text Messages They Hid Until Trial 06.04.2026 43m

  **Sponsored by EasyDNS** Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** ## In Episode 207 of Not On Record, criminal defence lawyer Joseph Neuberger and co-host Diana Davison break down a deeply troubling case involving 11th-hour disclosure, selective screenshot evidence, WhatsApp messages, false allegations, and serious concerns about how digital evidence is collected in sexual assault investigations. This episode examines how late disclosure at trial can radically change the direction of a case, especially when a complainant provides edited or incomplete message threads that appear to support one narrative, only for fuller disclosure to reveal a very different story. The discussion focuses on selective evidence, manipulation of screenshots, missing metadata, authentication problems, privacy issues, obstruction of justice concerns, and the failure of police and Crown to secure complete digital evidence early in an investigation. The case discussed involved multiple sexual assault allegations, including sexual assault with choking, tied to a workplace affair, employment conflict, termination, and a narrative that the defence says collapsed once fuller WhatsApp records emerged during trial. Joseph argues that current police practices around digital evidence collection are inadequate and calls for policy reform, including seizure and forensic extraction of devices where relevant communications are central to the allegations. This episode is essential viewing for anyone interested in criminal law, sexual assault trials, false accusations, disclosure obligations, evidentiary fairness, police investigations, Crown disclosure, digital evidence, workplace allegations, and the truth-seeking function of the justice system. Topics covered include: 11th-hour disclosure Late disclosure in criminal trials Sexual assault allegations False allegations Selective text messages WhatsApp evidence Edited screenshots Missing metadata Police investigation failures Crown disclosure issues Workplace sexual assault allegations Obstruction of justice Public mischief Directed verdict Not guilty verdict Digital evidence authentication Privacy applications Criminal defence strategy Canadian criminal law Justice system reform If you follow criminal trials, evidentiary law, due process, disclosure issues, or the growing role of digital communications in sexual assault prosecutions, this episode will give you a disturbing and important case study. Like, share, subscribe, and hit notifications to support Not On Record. Short Description Episode 207 of Not On Record examines a shocking case where late-disclosed WhatsApp messages and edited screenshots helped unravel a sexual assault prosecution. Joseph Neuberger explains why selective digital evidence, missing metadata, and weak investigation practices are putting the justice system at risk. SEO Meta Description Not On Record Episode 207 examines 11th-hour disclosure, edited WhatsApp messages, false allegations, sexual assault trial evidence, and failures in digital evidence collection in Canadian criminal law. Timestamped Chapters 00:00 Introduction to 11th-hour disclosure 02:45 Workplace affair, termination, and criminal allegations 04:00 How police collect digital evidence and where it goes wrong 06:20 Edited screenshots, missing dates, and metadata problems 11:17 Trial disclosure bombshell and scrolling WhatsApp video 14:27 Messages that contradicted the complainant’s narrative 24:10 Obstruction of justice, lying under oath, and selective disclosure 36:22 Why police policy on phones and digital evidence must change