Not On Record Podcast

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—par...

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...

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 o...

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 reputatio...

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 differe...

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 conclusi...

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 conse...

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 convictio...

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...

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...

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 mino...

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...

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...

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...

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 o...

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 o...

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...

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...

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.c...

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.c...

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...

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...

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://w...

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...

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...