Not On Record Podcast

Episodet

• EP#219 | She said, "I Don't Remember"… The Court Believed Her 06.07.2026 21min

  **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.
• EP#218 | 20 Year Error 29.06.2026 38min

  **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.
• EP#217 | THE DANGER OF GLOBAL CHARGES 22.06.2026 42min

  **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!
• EP#216 | What If They Lied About Their Age? 15.06.2026 43min

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

  **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.
• EP#214 | Reliability vs Credibility 01.06.2026 24min

  **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
• EP#213 | CAN WORDS BE ABUSE? 25.05.2026 43min

  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.
• EP#212 | Can Dreams Convict? 18.05.2026 41min

  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.
• EP#211 | She Found The Lie 11.05.2026 45min

  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.
• EP#210 | NON-VERBAL CONSENT 04.05.2026 26min

  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
• EP#209 | When the Accuser Is the Stalker: Inside a Shocking Court Case 28.04.2026 32min

  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
• Not On Record REWIND | Can a Judge Truly Be Impartial? 20.04.2026 35min

  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.
• EP#208 | She Recanted, Then Took It Back. Now What? 13.04.2026 24min

  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.
• EP#207 | The Text Messages They Hid Until Trial 06.04.2026 43min

  **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
• EP#206 | False Allegations Do Happen. This Case Proves It 30.03.2026 27min

  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 Not On Record Episode 206, Joseph Neuberger and Diana Davison examine a disturbing case involving a false sexual assault threat against a prosecutor, and what it reveals about the justice system’s uneven treatment of false allegations, public mischief, extortion, credibility, and the real-world damage caused by wrongful accusations. This episode explores the legal and human consequences of false sexual assault claims, the difference between an acquittal and demonstrable factual innocence, and why so few complainants are ever prosecuted even where there is strong evidence of deceit. The discussion also looks at Crown discretion, victim impact, mental health court, intimidating a justice participant, and whether weak sentences undermine confidence in the administration of justice. Joseph and Diana also dig into a broader issue at the heart of many criminal defence cases: people do lie, sometimes for pressure, revenge, leverage, panic, or other ulterior motives. Ignoring that reality does not protect justice. It distorts it. This episode is essential viewing for anyone interested in criminal law in Canada, false accusations, sexual assault allegations, wrongful charges, due process, and the integrity of the courts. #NotOnRecord #FalseAllegations #CriminalDefence #SexualAssaultLaw #JusticeSystem
• EP#205 | Bill C-16 EXPOSED: This New Law Could End Fair Trials 23.03.2026 52min

  Not On Record | EP#205 | Bill C-16 EXPOSED: This New Law Could End Fair Trials Sponsored by EasyDNS https://easydns.com/NotOnRecord In Not on Record Episode 205, criminal defence lawyer Joseph Neuberger and co-host Diana Davison take a deep dive into Bill C-16, the Protecting Victims Act, and explain why the proposed changes could have major consequences for Charter rights, sexual assault trials, domestic assault cases, Jordan delay applications, and the broader administration of justice in Canada. This episode breaks down how Parliament’s proposed amendments could reshape the handling of unreasonable delay, restrict the availability of stays of proceedings, and expand procedural burdens in sexual offence proceedings. The discussion explores the new 60-day notice requirements for section 276 applications, the changing rules around section 278 records, the growing role of complainant participation, and the practical problems these reforms may create for defence counsel, judges, and accused persons alike. Joseph and Diana also examine the proposed lack of parity between the defence and the Crown when introducing sexual history evidence, the implications of the Kinnamore decision, and why the new framework may trigger fresh constitutional litigation in Canadian courts. If you follow Canadian criminal law, false allegations, sexual assault law, criminal defence, court delay, Jordan applications, rape shield law, therapeutic records, or the erosion of due process in Canada, this episode is essential viewing. 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 Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Possibly Correct Media www.PossiblyCorrect.com
• EP#204 | The Hidden Crisis of False Accusations 16.03.2026 56min

  Criminal Defence Lawyers Joseph Neuberger, Michael Bury, and YouTube personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. 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 Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Possibly Correct Media www.PossiblyCorrect.com
• EP#203 | Can You Trust Digital Evidence? Screenshots, Metadata & AI Fakes 09.03.2026 50min

  Sponsored by EasyDNS https://easydns.com/NotOnRecord In Episode 203 of Not on Record, Joseph Neuberger and Michael Bury are joined by Alain Filotto of Alpha Fox Forensics, a former RCMP forensic investigator and court-recognised expert in computer and mobile forensics, for a deep dive into digital evidence, phone extractions, metadata, screenshots, deleted messages, and the growing threat of AI-generated evidence in criminal cases. This episode explores how Cellebrite and other forensic tools are used to extract data from iPhones, Android devices, laptops, and cloud backups, why screenshots and exported chats are often unreliable, how deleted texts and app messages become harder to recover after roughly 30 days, and why chain of custody, verification, and original source data are becoming critical in sexual assault, criminal, and family court cases. The conversation also examines spoofed phone numbers, fake Instagram and text message generators, altered recordings, edited photos, wearable tech data, GPS tracking, and the access to justice problem created when challenging digital evidence requires costly experts and complex motions. If you want a practical discussion about digital forensics, metadata, authentication, AI manipulation, and the future of electronic evidence in Canadian criminal law, this is an essential episode. Short Description Former RCMP digital forensic expert Alain Filotto joins Not on Record to explain phone extractions, metadata, fake screenshots, deleted messages, and how AI is making digital evidence harder to trust in court. SEO Meta Description Former RCMP forensic expert Alain Filotto explains phone extractions, metadata, fake screenshots, deleted messages, and AI-manipulated digital evidence on Not on Record Episode 203. Timestamped Chapters 00:00 Intro and guest welcome 00:44 Alain Filotto’s RCMP and forensic background 03:58 How phone extractions actually work 08:19 Deleted messages, recovery limits, and the 30-day window 15:27 Metadata, interpretation, and hidden digital context 24:40 Why screenshots are weak evidence 29:59 AI, fake chats, edited recordings, and deepfake risks 45:01 Verification, chain of custody, and access to justice
• EP#202 | The 7-Day Rule That Makes No Sense in Real Courtrooms 03.03.2026 39min

  EP#202 | The 7-Day Rule That Makes No Sense in Real Courtrooms Sponsored by EasyDNS https://easydns.com/NotOnRecord A year after the Supreme Court of Canada’s June 13, 2025 decision in **R. v. Kinamore (2025 SCC 19)**, the Not on Record crew checks the scoreboard: did Crown attorneys actually start bringing **voir dire** applications before leading **Crown-led sexual history evidence**, including **sexual inactivity**, **virginity**, and “lack of sexual interest” messaging? The Court said the screening process should *mirror* the **s. 276 Criminal Code** regime the defence is already forced to navigate, aiming for basic **parity** and fair notice so an accused can know the case to meet. In practice, the lawyers describe a system where the defence files applications months in advance, while the Crown often arrives late (or not at all), leaving defence counsel to “pre-bake” the Crown’s Kinamore issues into their own materials just to keep trials from derailing. They also get into the messy realities this decision was trying to fix: disclosure that contains sexual history references, whether a complainant can “waive” the process (spoiler: the Court says the application still has to happen), how credibility fights get boxed into absurd technicalities (yes, even arguing about “flirting”), and why timeline rules like “seven days” can be fantasy-land in real criminal litigation. **Not legal advice.** This episode is practical commentary on Canadian criminal procedure, evidence, and what Kinamore is changing (and not changing) in courtrooms. Key case referenced: R. v. Kinamore, 2025 SCC 19 (released June 13, 2025).
• EP#201 | CCTV Exposes Sexual Assault Allegation 23.02.2026 33min

  EP#201 | CCTV Exposes Sexual Assault Allegation In Episode 201 of Not On Record, we break down a rare and powerful decision in an Ontario university assault case that resulted in a factually innocent ruling after a judge made explicit credibility findings trial-wide and used the word fabrication in her reasons. This false allegation case Ontario unfolded against the backdrop of a police investigation failure, where officers relied almost entirely on the complainant’s account and failed to secure critical CCTV evidence criminal trial footage that the defence ultimately obtained. We examine how the elimination of the preliminary inquiry eliminated Canada in sexual assault matters affected disclosure, how the pretrial motion sexual history regime required the defence to reveal its strategy in advance, and how that led to findings of tailored testimony sexual assault and collusion witness testimony between the complainant and a key witness. This criminal defence lawyer analysis explores the judge’s strong criticism of investigative shortcomings, the impact of disclosure imbalance, and what this fabrication finding judge means for sexual assault case law Canada. The episode also raises broader concerns about criminal justice fairness Canada, credibility assessments, and the structural pressures within modern sexual assault prosecutions in Ontario.