Not On Record Podcast

In Episode 232 of Not On Record, criminal defence lawyer Joseph Neuberger and Yuvika Johri look at how courts handle motive to fabricate in sexual assault cases. They walk through the Ontario Court of Appeal's decision in R v JC (2021 ONCA 131) and its two rules: the rule against ungrounded common-sense assumptions and the rule against stereotypical inferences. They also cover R v JL (2018 ONCA 75...

EP#231 | Drunk, Drugged or Incapable? Sexual Assault Law; USA vs Canada Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord Neuberger & Partners HIGHLY EXPERIENCED AND SKILLED TORONTO Criminal Defence Law Firm https://nrlawyers.com/ In Episode 231 of Not On Record, criminal defence lawyer Joseph Neub...

EP#230 | Eight and a Half Years in Prison: Sean Parker on His Case and the UK Justice System Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord Should an accused person testify in their own defence, even when cross-examination could expose them to difficult questions? In Episode 230 of Not On Record...

18 Months in Prison for The Wrong Username Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord ## Description How can one tiny difference in a digital username lead to an innocent man spending 18 months in prison? In Episode 229 of Not On Record, Joseph Neuberger, Michael Bury and Diana Davison exami...

Not On Record | EP#228 | When Judges Apply Two Standards: The Appeal Court Response 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 228 of *Not On Record*, Joseph Neuberger and Diana Davison examine **R. v. Hornsby, 2026 ONCA 604**, a significant Ontario Court of Appeal decision dealin...

EP#227 | Judge Cross-Examines Accused, Conviction Overturned Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord Can a trial judge cross-examine an accused? A recent Ontario Court of Appeal decision raises that question in dramatic fashion. In Episode 227 of Not On Record, Joseph Neuberger, Michael B...

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 discussion looks at the unusual legal position now facing the defence, including a motion asking the judge to enter an acquittal following the hung jury. We examine how reasonable doubt works, why a jury cannot simply substitute its personal mor...

**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 225 of Not On Record, criminal defence lawyer Joseph Neuberger and Michael Bury examine a little-discussed legal issue that could have major consequences in sexual assault trials. Can Crown counsel cross-examine an accused on what...

**Sponsored by EasyDNS** Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** Can a person be convicted of sexual assault without any sexual intent? In Episode 224 of *Not On Record*, criminal defence lawyer Joseph Neuberger and Diana Davison examine the Alberta Court of Appeal’s decision in **R. v. Roan, 2026 ABCA 26...

Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord Ontario has introduced sweeping new bail regulations requiring cash deposits before many accused persons can be released, even after a justice has granted bail. Criminal defence lawyer Joseph Neuberger explains what has changed, why many lawyers bel...

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...

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 t...

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...

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...

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 crimin...

**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...

**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 do...

**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 a...

**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 act...

EP#216 | What If They Lied About Their Age? by Possibly Correct Media

**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 discu...

**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...

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...

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, Dian...

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, Dian...