Not On Record Podcast

**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...

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...

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 c...

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 tru...

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 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** ## 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, an...

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 mis...

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,...

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://e...

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-ge...

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...

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 investigat...

Sponsored by EasyDNS https://easydns.com/NotOnRecord 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 r...

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...

Sponsored by EasyDNS https://easydns.com/NotOnRecord 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 in...

Sponsored by EasyDNS https://easydns.com/NotOnRecord 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 “ar...

Sponsored by EasyDNS [https://easydns.com/NotOnRecord](https://easydns.com/NotOnRecord) 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 why...