Sponsored by EasyDNS https://easydns.com/NotOnRecord In Episode 174 of Not on Record, the team dives deep into the complex world of disclosure in criminal cases—what it is, how it’s obtained, why it’s essential, and what happens when it arrives late. With Joseph Neuberger on a well-deserved break, returning guests Maria, Yuvika, and Mr. Bury lead a lively, insightful discussion on the disclosure process, sharing personal experiences, the importance of timely requests, and the unexpected hurdles ...
Jul 07, 2025•42 min
Criminal Defence Lawyer Joseph Neuberger, 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...
Jun 30, 2025•41 min
Criminal Defence Lawyer Joseph Neuberger, 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...
Jun 23, 2025•38 min
Sponsored by EasyDNS https://easydns.com/NotOnRecord In this in-depth episode, Joseph, Michael, and Diana tackle the critical legal concept of the *right to silence* in Canada, exploring its Charter protections under Sections 7 and 10(b), and contrasting it with the more precarious UK approach where silence can be held against the accused. The trio walks listeners through real-world police tactics—including deceit and the controversial Reid Technique—used in high-stakes interrogations. Using the...
Jun 16, 2025•1 hr 6 min
Sponsored by EasyDNS https://easydns.com/NotOnRecord In this episode, Joseph, Michael, and Diana break down the retrial of Harvey Weinstein, exploring the legal complexities, shifting public narratives, and broader implications for the justice system post-MeToo. The team examines why Weinstein’s original conviction was overturned, the evidentiary changes in the retrial, and how cultural forces—particularly the MeToo movement—have shaped legal strategies, jury dynamics, and media portrayals. They...
Jun 09, 2025•45 min
In Episode 169 of Not On Record, criminal defence lawyer Joseph Neuberger and legal commentator Diana Davison examine the Saskatchewan provincial court case R. v. Larter, which led to a powerful acquittal and a striking judicial commentary on the complexity and rigidity of current sexual assault trial legislation. The accused, a male camp counselor, was acquitted due to reasonable doubt in the credibility of the complainant—a biologically female youth who identified as male at the time. The judg...
Jun 02, 2025•51 min
YouTube - https://youtu.be/1Z-GjPDDJ2I Criminal Defence Lawyer Joseph Neuberger, 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/NotonReco...
May 26, 2025•31 min
Sponsored by EasyDNS https://easydns.com/NotOnRecord In Episode 167 of Not On Record, Joseph, Michael, and Diana explore the limits of using good character evidence in sexual assault trials, explaining why testimony from friends or colleagues vouching for an accused’s moral reputation holds little to no weight in such cases. They clarify that good character evidence—restricted to general reputation for traits like honesty—rarely has value in proving or disproving what happened in private, behind...
May 19, 2025•29 min
Sponsored by EasyDNS https://easydns.com/NotOnRecord In episode 166 of Not on Record, hosts Joseph and Michael delve into a law school-style hypothetical involving a trial with a crucial audio or video recording that's difficult to understand due to accents or unclear articulation. The core issue arises when the judge, after submissions, privately re-examines the recording and arrives at a different conclusion than what was presented, without informing counsel. During trial a trial judge made se...
May 12, 2025•24 min
Sponsored by EasyDNS https://easydns.com/NotOnRecord In episode 165 of Not on Record, hosts Joseph, Michael and Diana dissect a complex legal scenario stemming from the case of R v. PPONCO, 2025 ONCA 243. The episode begins with a hypothetical law school question: What happens when a judge, after hearing submissions, privately re-examines audio or video evidence and arrives at a different conclusion than what was presented in court? They then transition into discussing the actual case, highlight...
May 05, 2025•28 min
Sponsored by EasyDNS https://easydns.com/NotOnRecord Episode 164 of Not on Record delves into the complexities of consent in law, addressing a listener's question about recording consent for protection. The hosts clarify that consent isn't as simple as "yes means yes, no means no," and discuss factors that can negate consent. Referencing the seminal case of R v. Ewanchuk, they highlight that consent must be communicated at the time of each sexual act and is subjective to the complainant's state ...
Apr 28, 2025•39 min
Sponsored by EasyDNS https://easydns.com/NotOnRecord Joseph, Diana, and Michael discuss bail reform, particularly focusing on a Conservative Party proposal to create a new offense for assault of an intimate partner with stricter bail conditions. The discussion highlights concerns that such legislation could be exploited in high-conflict divorces, leading to false accusations and wrongful convictions. They point out the potential for abuse within family court, including limited access to children...
Apr 21, 2025•52 min
Episode 162 of the Not on Record podcast, hosted by Joseph and Michael, delves into a nuanced legal discussion surrounding the admissibility of sexting and digital sexual communications in determining sexual consent. The episode begins with a lighthearted conversation about watches, particularly the 1983 Seiko ultra-thin quartz, before transitioning into an intense debate about academic perspectives and case law. The hosts analyze Professor Elaine Craig's unpublished article from the Dalhousie L...
Apr 14, 2025•42 min
In Episode 161 of Not on Record, Diana and Joseph dissect a recent sexual assault case where their client was acquitted due to critical inconsistencies in the complainant's testimony, which was undermined by dash cam footage and phone records. The complainant alleged a 12-minute assault, choking, and forcible confinement at her workplace, but the defense presented dash cam evidence showing the accused being waved into the office, another person entering during the alleged assault, and the accuse...
Apr 04, 2025•34 min
This episode is sponsored by EasyDNS. https://easydns.com/notonrecord In episode 160 of Not On Record, Joseph and Michael provide a comprehensive discussion on human trafficking laws, global trends, and an update on the Andrew Tate case. They begin by outlining Canada’s strict anti-trafficking legislation, which includes severe penalties for offenses such as trafficking in persons, exploiting minors, and withholding identity documents. They also explore the global prevalence of human trafficking...
Mar 28, 2025•35 min
In this episode of Not on Record, hosts Josephn and Diana discuss a recent Ontario Court of Appeal case that addresses concerns about expert evidence in sexual assault trials. They explore the admissibility of expert testimony on the neurobiology of trauma and its effects on memory, highlighting potential issues with such evidence. The hosts examine the legal framework for admitting expert evidence, including the Mohan test and subsequent case law. They emphasize the importance of scrutinizing e...
Mar 19, 2025•44 min
In episode 158 of Not On Record, Joseph and Diana delve into the complex legal landscape surrounding BDSM and bodily harm, spotlighting a recent case, R. v. Pearson (2025 ONSC 435), from the Ontario Superior Court. The episode begins by revisiting the recurring theme of consent and legality in BDSM practices, spurred by the mainstream influence of works like Fifty Shades of Grey. They outline five key legal takeaways: advanced consent via contracts is not legally binding, consent to bodily harm ...
Mar 14, 2025•35 min
In this episode, Joseph and Diana share a top 10 list for giving good testimony, advising witnesses to present themselves as eager and credible by maintaining good demeanor, listening carefully, and answering questions directly. They emphasize the importance of making admissions against one's own interests to build trust, and balancing emotional expression without overreacting. Avoiding speculation, focusing on personal knowledge, and refraining from putting one's character on trial are also key...
Mar 05, 2025•40 min
YouTube - https://youtu.be/J17DorkRwqY Criminal Defence Lawyer Joseph Neuberger, 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/NotonReco...
Feb 28, 2025•34 min
YouTube - https://youtu.be/lzNbyvjkMZ4 Criminal Defence LawyersJoseph Neuberger, 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/NotonReco...
Feb 22, 2025•38 min
YouTube - https://youtu.be/8x8DSSNHfyA Criminal Defence Lawyers Joseph Neuberger, 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/NotonRec...
Feb 15, 2025•41 min
YouTube - https://youtu.be/0TBfBPyndC0 Criminal Defence Lawyers Joseph Neuberger, 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/NotonRec...
Feb 10, 2025•38 min
YouTube - https://youtu.be/XVVM7Hf2Ti4 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.twitte...
Feb 03, 2025•37 min
YouTube - https://youtu.be/_sI7uzEwoFg 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.twitte...
Jan 27, 2025•44 min
The podcast episode discusses the increasing use of CCTV (Closed-Circuit Television) applications in Canadian criminal courts, specifically focusing on subsection 486.22 of the criminal code. This provision allows witnesses to testify outside the courtroom or behind a screen to facilitate providing a "full and candid account" of events. The application is typically made by the Crown and is becoming more common, especially in cases involving children, sexual assault, or witnesses with mental or p...
Jan 12, 2025•37 min
In episode #149 Joseph, Michael, and Diana discuss the complex legal defense of "honest but mistaken belief in communicated consent" in sexual assault cases. They explain that this defense, codified in Section 273.2(b) of the Criminal Code, requires the defendant to have reasonably believed that the complainant communicated consent through words or conduct. The hosts emphasize the importance of the defendant taking "reasonable steps" to confirm consent, a precondition that has been legally estab...
Jan 10, 2025•31 min
YouTube - https://youtu.be/8-BPwkyUk-I Criminal Defence Lawyers Joseph Neuberger and Michael Bury 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://w...
Jan 06, 2025•35 min
In this podcast, lawyers Joseph Neuberger and Michael Bury discuss the Duke University lacrosse case involving Crystal Mangum, who falsely accused three lacrosse players of sexual assault in 2006. The case became a media sensation, with prosecutor Mike Nifong filing charges despite inconclusive DNA evidence and later being disbarred for his unethical conduct. North Carolina's Attorney General Roy Cooper ultimately declared the accused players innocent, noting significant inconsistencies in Mangu...
Dec 23, 2024•24 min
In episode 146 of the Not on Record podcast Joseph, Michael and Diana delve into the complexities of **reaction evidence** in criminal cases, particularly focusing on a recent trial involving text message exchanges between an accused and a complainant. Joseph, Michael and Diana discuss a controversial ruling where the accused's failure to deny an allegation of sexual assault was interpreted as an admission of guilt by the trial judge, raising concerns about the reliability of such conclusions. T...
Dec 16, 2024•47 min
In episode 145 of the podcast "Not on Record," hosts Joseph and Michael discuss a notable case from the Ontario Court of Appeal, *Rex v. JE*, which revolves around a sexual assault conviction involving a stepfather and his stepdaughter. The case highlights significant issues regarding the assessment of evidence, particularly the trial judge's failure to appropriately analyze the mother's testimony. Justice Daw criticized the trial judge for compartmentalizing evidence and applying an incorrect s...
Dec 09, 2024•35 min
