Not On Record Podcast
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 case loads and what really goes on behind the scenes. A behind the scenes inside look into the real court room drama.
Episodes
EP#218 | 20 Year Error
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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
EP#217 | THE DANGER OF GLOBAL CHARGES
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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 ac
EP#216 | What If They Lied About Their Age?
EP#216 | What If They Lied About Their Age? by Possibly Correct Media
EP#215 | She Read the Affidavit. Then Her Story Changed
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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 disc
EP#214 | Reliability vs Credibility
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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
EP#213 | CAN WORDS BE ABUSE?
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 futu
EP#212 | Can Dreams Convict?
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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, Dia
EP#211 | She Found The Lie
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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, Dia
EP#210 | NON-VERBAL CONSENT
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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
EP#209 | When the Accuser Is the Stalker: Inside a Shocking Court Case
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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
Not On Record REWIND | Can a Judge Truly Be Impartial?
Not On Record REWIND | Can a Judge Truly Be Impartial?
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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 t
EP#208 | She Recanted, Then Took It Back. Now What?
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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
EP#207 | The Text Messages They Hid Until Trial
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##
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 allegatio
EP#206 | False Allegations Do Happen. This Case Proves It
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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 mi
EP#205 | Bill C-16 EXPOSED: This New Law Could End Fair Trials
Not On Record | EP#205 | Bill C-16 EXPOSED: This New Law Could End Fair Trials
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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
EP#204 | The Hidden Crisis of False Accusations
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.
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EP#203 | Can You Trust Digital Evidence? Screenshots, Metadata & AI Fakes
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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-g
EP#202 | The 7-Day Rule That Makes No Sense in Real Courtrooms
EP#202 | The 7-Day Rule That Makes No Sense in Real Courtrooms
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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**, includi
EP#201 | CCTV Exposes Sexual Assault Allegation
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 investiga
EP#200 | Lawyers & Linguini: Supreme Court to Rewrite Sexual Assault Law?
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In this milestone 200th episode of Not On Record, we dive into a live issue before the Supreme Court of Canada: R v Belinski (SCC 42030) and the ongoing debate over mens rea in sexual assault cases. When the defence of honest but mistaken belief in communicated consent is unavailable, does the Crown still have to prove the accused knew of, was
EP#199 | From Guilty to Mistrial: The Power of Real Evidence in Court
In this episode of Not On Record, we dig into a real-world nightmare scenario: a sexual assault conviction based largely on credibility, followed by a late-stage application to reopen the trial because video evidence exists that directly undermines the accepted narrative. We break down how “fresh evidence” works before sentencing, why judges can still have jurisdiction to reopen proceedings, and w
NOR 198 | The Massage Therapist False Allegation
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Two unusually messy files collide in one episode: a chiropractor accused during a routine treatment of an allegation so strange it practically dares common sense to enter the room, and a long-married couple whose financial dispute spirals into criminal charges and a three-day trial. The hosts walk through how these cases actually get resolved i
EP#197 | Why “Lenient Sentences” Aren’t What You Think
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Tonight, the crew breaks down **what sentencing actually is** (and when it happens), and why what looks “lenient” to the public can be the result of a very structured legal framework. They walk through the sentencing process after a **guilty plea vs. after a trial**, explain what it means when the **“facts are read in”** (and why the judge’s “a
EP#196 | What You Do After an Allegation Can Ruin You - Even If You’re Innocent
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How should courts treat an accused person’s post-offence behaviour apologies, emotional reactions, “weird” texts, or even what looks like a confession without turning normal human messiness into “consciousness of guilt”? Joseph, Diana, and the crew break down the guardrails around after-the-fact conduct and wh
EP#195 | Your Rights at Risk? A Lawyer’s Warning on Bill C-16
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In Episode 195, the hosts examine Bill C-16, the federal government’s latest omnibus criminal-law reform, and why it could significantly reshape Canada’s justice system. The discussion focuses on the proposed criminalization of coercive or controlling conduct in intimate relationships, the introduction of the term femicide”into the Criminal Cod
EP#194 | Jury or Judge Alone? Criminal Lawyers Reveal What They'd Pick (You Won't Believe It)
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## Episode Description
In Episode 194 of Not on Record, seasoned Canadian criminal defense lawyers Joseph Neuberger and Michael Lacy dive deep into the realities of jury trials in Canada. Sparked by a recent National Post article exploring the inner workings of juries, they debate whether they'd choose a jury or a judge-alone trial if charged
EP#193 | Twitch Streamer Caught Groping Assistant - If a Man Did This, Would He Be in Prison?
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In Episode 193 of Not On Record, the team dives deep into the controversial resurfaced clips of popular Twitch IRL streamer Nina Lin (2–3M followers), where she and another female streamer engage in highly sexualized “pranks” on male colleagues and strangers—including twerking on an unwilling assistant and slapping a man’s buttocks during a mas
EP#192 | Never Use Snapchat If You’re Dating; This Case Will Terrify You
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In Episode 192, we dissect the powerful new Ontario acquittal R v J.A., 2025 ONSC 4531: an 18-year-old boy is accused of assaulting his 17-year-old girlfriend after prom, only for him to discover (by guessing her password) that she was cheating; what follows is an explosive, toxic text-message war with hundreds of messages, repeated “you r*ped
EP#191 | “I Only Had Two Drinks” - Canada’s Wild New Sexual Assault Rule
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In Episode 191 of Not on Record, criminal lawyers Diana Davison and Daniel Brown dive deep into the controversial new Supreme Court of Canada decision R v Rioux, 2025 SCC 34 – a case that has defence lawyers, accused persons, and the public extremely worried.
The Joseph and Diana dissect the Court’s ruling on sexual-assault complaints involvi
EP#190 | Redefining Consent: Did the Supreme Court Turn Every Drunk Hookup into Sexual Assault?
Joseph and Alper dive into one of the most unsettling sexual assault decisions to come out of the Supreme Court of Canada in years: **R. v. Rioux, 2025 SCC 34**, released the very day they hit record. Still hot off the printer, the judgment sends Joseph’s blood pressure through the roof as he and Alper give their **raw, first reaction** to a 5–4 split decision that effectively rewrites how courts
EP#189 | Why Mandatory Minimums Are Bad
Three piece suits, sock wars, and a serious legal deep-dive. In this episode, Joseph and Alper unpack the Supreme Court of Canada’s Quebec (Attorney General) v. Senville, 2025 SCC 33 ruling, which struck down the one-year mandatory minimum for possession/accessing child pornography on indictment under Criminal Code s. 163.1(4)(a) and 163.1(4.1)(a). They explain Section 12 of the Charter (cruel and
EP#188 | The Most Demonstrably False Allegation We've Ever Seen
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In this case-review episode, Joseph walks through a 2024 file in which a supervisor faced five sexual-assault charges supported by a 300-page sworn statement. Drawing on two decades of defence work, the team contrasts that narrative with a full digital extraction: Instagram DMs, texts, recordings, and time-stamped photos that mapped a consensu
EP#187 | Are Text Messages Private?
Can police use text messages that a complainant voluntarily hands over without a warrant? Joseph, Michael and Alper walk through the fresh R v Dhaliwal (Oct 8, 2025) decision, recap the Supreme Court’s R v Marakah (2017) framework on privacy in digital messages, and contrast R v Reeves (2018) and Lampert (2023 ONCA) on third-party devices and shared control. They unpack Section 8’s “search” vs “s
EP#186 | Trial Strategy When Fighting Global Accusations
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In Episode 186, the team tackles a thorny “global charge” spanning more than two decades and uses it to unpack one of criminal law’s hardest strategic calls: how to handle prior discreditable conduct and bad-character evidence in domestic-context sexual assault prosecutions. Drawing on Ontario Court of Appeal guidance in R v MRS (2020 ONCA 667)
EP#185 | Myths, Stereotypes and Bad Movies
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Joseph, Michael and Diana discuss the meaty legal breakdown of His Majesty the King v. J.W., 2025 ONCA 637. They unpack how the Ontario Court of Appeal treats myths and stereotypes in sexual-assault cases, especially delay in reporting and continued association, what’s permissible to argue, and how to ground inferences without crossing into pro
EP#184 | What University Students are Taught About Consent
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Joseph and the team at Neuberger and Partners unpack why allegations on campus are surging and how university “pseudo-legal” processes can turn summaries into criminal evidence. They contrast postmodern “subjective truth” narratives with the actual law of consent, explain Stinchcombe-era disclosure rights, and warn students and parents about th
EP#183 | The Dan Markel Murder Trial
In Episode 183 of Not On Record we welcome special guest Marcy to dive into the chilling true crime story of Dan Markle, a father murdered in 2014 in a case that has captivated public attention for nearly a decade. This episode unravels the intricate web of a targeted hit allegedly orchestrated by his ex-wife’s family, driven by an extreme case of parental alienation during a high-conflict divorce
EP#182 | Analysis of a Child's Evidence in a Sexual Interference Case
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In this solo episode, Joseph breaks down R. v. D.D., 2025 ONCJ 355 (Sudbury) to show how courts assess child-complainant evidence in sexual interference cases covering the s. 715.1 video-statement rule, the dangers of leading questions, gaps around initial disclosure, and the W.(D.) framework for credibility vs. reliability that ultimately prod
EP#181 | Self Defence Laws: Canada vs. The United States
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🔹Short Description:
🏒 EP#181 Joseph and Alper Yulmaz contrast Canada’s self-defence (s.34) with U.S. castle doctrine—no duty to retreat, proportionality/necessity, and the modified objective test for homeowners. ⚖️📢🎙️
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📢 In EP#181 Not On Record explains Canada’s self-defence s.34 vs U.S. castle doctrine—no duty to retreat, pr
EP#180 | Why Female Lawyers Defend Men Accused of Sexual Offences
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Yuvika & Maria sit down with Grace Condello (Neuberger & Partners; LLB University of London; recent master’s; articling) to challenge a widely shared opinion claiming female lawyers “betray their gender” by defending men accused of sexual offences. They walk through the IRAC framework lawyers are trained to use, revisit Canadian wrongful convi
EP#179 | The Golden Rule
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In Episode 179 of Not On Record, Joseph Neuberger, Michael Bury, and Diana Davison examine a recent Ontario Court of Appeal case that highlights how dates and times are treated in sexual assault trials. They explain the “golden rule” — that the accused must know the case to meet — and why courts allow flexibility on timing, especially in sexual
EP#178 | MY Truth vs. THE Truth
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.
R v EK, 2016 ONSC 5802 - https://www.canlii.org/en/on/onsc/doc/2016/2016onsc58
EP#177 | Roadblocks Before the Trial Even Begins
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.
R. v. J.J., 2022 SCC 28 - https://www.canlii.org/en/ca/scc/doc/2022/2022scc28/2022scc28.html?
EP#176 | Hockey Canada Trial: Unpacking the Verdict
In this explosive episode, Joseph, Michael, and Diana dive deep into the controversial Hockey Canada sexual assault trial and the landmark acquittal that’s ignited debate across the country. With a detailed breakdown of the 93-page judicial decision, they unpack the key legal findings, including the role of “consent videos,” inconsistencies in the complainant’s testimony, and how objective evidenc
EP#175 | Case Closed: Wins for the Defence
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In this episode, three complex sexual assault cases are dissected, each involving unique circumstances but united by the common thread of reasonable doubt. From a university romance that ended in explosive allegations and contradictory messages, to a decades old claim resurrected from the 1980s hockey scene, and a rare same sex assault case ent
EP#174 | All About Disclosure
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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
EP#173 | Sexual Inactivity Evidence
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.
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EP#172 | Will the Hockey Canada Case Lead to Legislative Changes?
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
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EP#171 | Police Interrogations That Violate Your Rights
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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 tactic
EP#170 | Weinstein: The #MeToo Retrial
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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—pa
EP#169 | It's Not Just 'He Said, She Said'
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 cre
EP#168 | P. Diddy or Didn't He?
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.
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EP#167 | Why You Shouldn't Put Your Character on Trial
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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 reputati
EP#166 | Breaking Down Another Big Win
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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 differ
EP#165 | Lost in Translation: When a Judge Misheard the Evidence
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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 conclus
EP#164 | What Consent is in Law
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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 cons
EP#163 | The Conservatives Want to Introduce a New Crime
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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 convicti
EP#162 | Can Sexting Determine Sexual Intention?
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 perspectiv
EP#161 | False Accusers Caught by Video Evidence
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 acc
EP#160 | Human Trafficking Allegations Against Andrew Tate
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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 mi
EP#159 | How Expert Evidence Contributes to Wrongful Convictions
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 evidenc
EP#158 | The Legality of BDSM & Bodily Harm
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
EP#157 | Top 10 Things That Make a Good Witness
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 speculatio
EP#156 | A Date Gone Wrong
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
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EP#155 | The 12 Hallmarks of a False Accuser
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.
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EP#154 | He Followed Her Plan and She Got Him Charged
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
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EP#153 | False Allegations Can Lead to Suicide | With Dylan Finlay
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
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EP#152 | Defenders & Diners | Top 10 Funny Moments From One of Our Trials
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.NotOnRecordpodca
EP#151 | Defenders & Diners | The Sexsomnia Defence
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
EP#150 | Problems with Complainants Testifying From Home or Other Locations But Not the Courtroom
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 becomin
EP#149 | Honest But Mistaken Belief in Consent
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 th
EP#148 | Gender-Specific Ankle Monitors? | With Bill Corbitt
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.
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EP#147 | Crystal Mangum's Admission & Jay-Z / Diddy Allegations
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
EP#146 | Can a Failure to Deny Result in Sex Assault Conviction?
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
EP#145 | The Golden Nugget Case
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
EP#144 | Parental Alienation | Using the Police as Weapons
YouTube - https://youtu.be/ACcTSO2q1XU
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
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EP#143 | What is 'Stealthing?'
YouTube - https://youtu.be/jbELJtiGpuQ
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
EP#142 | Top 5 Things to Know About Authenticating Evidence in Court
YouTube - https://youtu.be/GIcSnZZpca8
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 t
EP#141 | Beyond a Reasonable Doubt
YouTube - https://youtu.be/KdzGIj7UNSw
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 t
EP#140 | What is 'Power Imbalance' in Relationships?
YouTube - https://youtu.be/jlwFzST27U4
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:
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