Not On Record Podcast

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

Sponsored by EasyDNS https://easydns.com/NotOnRecord ## 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 wi...

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

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

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

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...

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...

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

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 “se...

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

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

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

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...

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

Sponsored by EasyDNS https://easydns.com/NotOnRecord 🔹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. ⚖️📢🎙️ 📝Meta Description: 📢 In EP#181 Not On Record explains Canada’s self-defence s.34 vs U.S. castle doctrine—no duty to retreat,...

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

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

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/2016/2016onsc5802...

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?re...

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...

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

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 p...

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/hw3g9...

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/hw3g9...

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...