Not On Record Podcast

Possibly Correct Media
  • 4.8 (26)
  • EDUCATION
  • UPDATED BIWEEKLY

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.

  1. Not On Record REWIND | Can a Judge Truly Be Impartial?

    12 HRS AGO

    Not On Record REWIND | Can a Judge Truly Be Impartial?

    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 truly be impartial? Using R. v. Fraser, 2023 NSSC 45, they examine a Crown appeal of an acquittal based on alleged judicial bias, reasonable apprehension of bias, judicial impartiality, recusal motions, and public confidence in the justice system. The discussion breaks down how Canadian courts assess whether a judge crossed the line, why proving actual bias is so difficult, and how courtroom case management can sometimes look alarming to outsiders while still falling short of legal bias. The episode also explores the difference between actual bias and reasonable apprehension of bias, the presumption of judicial impartiality, why appellate courts give deference to trial judges, and how courtroom demeanour, witness credibility, and live evidence can never be fully captured by a transcript alone. Joseph and Diana also widen the lens to discuss whether true impartiality is even possible, referencing Bertha Wilson, R. v. Lavallee, battered woman syndrome, judicial philosophy, and the tension between human experience and the duty to decide cases fairly. Along the way, they reflect on old-school courtroom culture, judicial civility, criminal harassment trials, wrongful conviction concerns, sexual assault and domestic violence prosecutions, and the importance of maintaining public confidence in the Canadian criminal justice system. This episode is essential viewing for anyone interested in Canadian law, criminal trials, judicial conduct, Crown appeals, recusal applications, courtroom fairness, wrongful convictions, legal ethics, and how judges actually make decisions.

    36 min
  2. EP#208 | She Recanted, Then Took It Back. Now What?

    APR 13

    EP#208 | She Recanted, Then Took It Back. Now 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 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 truth-seeking function. The case centers on a convicted man seeking to introduce post-conviction recordings in which the complainant allegedly recants her sexual assault allegations, only to later resile from that recantation when re-interviewed by police. The Ontario Court of Appeal allowed a narrowly tailored cross-examination of the complainant to help determine whether this fresh evidence should be admitted on appeal. This episode explores the legal and policy tension at the heart of the case: should potentially exculpatory evidence be excluded because it was obtained through conduct that may have breached a court order? The discussion also examines how no-contact orders work in practice, what happens when complainants repeatedly reach out to the accused, and why recantations in domestic violence and sexual assault cases are often treated with caution. Joseph and Diana also discuss real-world examples where complainants continued contacting accused persons through text messages, WhatsApp, voicemail, family members, and parenting communication platforms such as OurFamilyWizard. They look at how defence counsel should respond, what the Crown may infer from repeated unwanted contact, and how these communications can affect credibility, reliability, reasonable prospect of conviction, and public-interest decision-making. This is a sharp conversation about sexual assault appeals, false allegations, fresh evidence applications, court order breaches, coercion, credibility assessments, and the uneasy balance between procedural integrity and discovering the truth. Topics in this episode include: Ontario Court of Appeal fresh evidence on appeal sexual assault conviction appeal complainant recantation resiling from a recantation no-contact order breach abuse of process cross-examination on appeal criminal defence strategy false allegations domestic violence recantations reasonable doubt credibility and reliability OurFamilyWizard communications Crown screening and reasonable prospect of conviction Subscribe to Not On Record for serious conversations about criminal law, sexual assault law, trial strategy, appeals, disclosure, credibility, due process, and the realities of the Canadian justice system.

    24 min
  3. EP#207 | The Text Messages They Hid Until Trial

    APR 6

    EP#207 | The Text Messages They Hid Until Trial

    **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, and serious concerns about how digital evidence is collected in sexual assault investigations. This episode examines how late disclosure at trial can radically change the direction of a case, especially when a complainant provides edited or incomplete message threads that appear to support one narrative, only for fuller disclosure to reveal a very different story. The discussion focuses on selective evidence, manipulation of screenshots, missing metadata, authentication problems, privacy issues, obstruction of justice concerns, and the failure of police and Crown to secure complete digital evidence early in an investigation. The case discussed involved multiple sexual assault allegations, including sexual assault with choking, tied to a workplace affair, employment conflict, termination, and a narrative that the defence says collapsed once fuller WhatsApp records emerged during trial. Joseph argues that current police practices around digital evidence collection are inadequate and calls for policy reform, including seizure and forensic extraction of devices where relevant communications are central to the allegations. This episode is essential viewing for anyone interested in criminal law, sexual assault trials, false accusations, disclosure obligations, evidentiary fairness, police investigations, Crown disclosure, digital evidence, workplace allegations, and the truth-seeking function of the justice system. Topics covered include: 11th-hour disclosure Late disclosure in criminal trials Sexual assault allegations False allegations Selective text messages WhatsApp evidence Edited screenshots Missing metadata Police investigation failures Crown disclosure issues Workplace sexual assault allegations Obstruction of justice Public mischief Directed verdict Not guilty verdict Digital evidence authentication Privacy applications Criminal defence strategy Canadian criminal law Justice system reform If you follow criminal trials, evidentiary law, due process, disclosure issues, or the growing role of digital communications in sexual assault prosecutions, this episode will give you a disturbing and important case study. Like, share, subscribe, and hit notifications to support Not On Record. Short Description Episode 207 of Not On Record examines a shocking case where late-disclosed WhatsApp messages and edited screenshots helped unravel a sexual assault prosecution. Joseph Neuberger explains why selective digital evidence, missing metadata, and weak investigation practices are putting the justice system at risk. SEO Meta Description Not On Record Episode 207 examines 11th-hour disclosure, edited WhatsApp messages, false allegations, sexual assault trial evidence, and failures in digital evidence collection in Canadian criminal law. Timestamped Chapters 00:00 Introduction to 11th-hour disclosure 02:45 Workplace affair, termination, and criminal allegations 04:00 How police collect digital evidence and where it goes wrong 06:20 Edited screenshots, missing dates, and metadata problems 11:17 Trial disclosure bombshell and scrolling WhatsApp video 14:27 Messages that contradicted the complainant’s narrative 24:10 Obstruction of justice, lying under oath, and selective disclosure 36:22 Why police policy on phones and digital evidence must change

    43 min
  4. EP#206 | False Allegations Do Happen. This Case Proves It

    MAR 30

    EP#206 | False Allegations Do Happen. This Case Proves It

    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 mischief, extortion, credibility, and the real-world damage caused by wrongful accusations. This episode explores the legal and human consequences of false sexual assault claims, the difference between an acquittal and demonstrable factual innocence, and why so few complainants are ever prosecuted even where there is strong evidence of deceit. The discussion also looks at Crown discretion, victim impact, mental health court, intimidating a justice participant, and whether weak sentences undermine confidence in the administration of justice. Joseph and Diana also dig into a broader issue at the heart of many criminal defence cases: people do lie, sometimes for pressure, revenge, leverage, panic, or other ulterior motives. Ignoring that reality does not protect justice. It distorts it. This episode is essential viewing for anyone interested in criminal law in Canada, false accusations, sexual assault allegations, wrongful charges, due process, and the integrity of the courts. #NotOnRecord #FalseAllegations #CriminalDefence #SexualAssaultLaw #JusticeSystem

    27 min
  5. EP#205 | Bill C-16 EXPOSED: This New Law Could End Fair Trials

    MAR 23

    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 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, domestic assault cases, Jordan delay applications, and the broader administration of justice in Canada. This episode breaks down how Parliament’s proposed amendments could reshape the handling of unreasonable delay, restrict the availability of stays of proceedings, and expand procedural burdens in sexual offence proceedings. The discussion explores the new 60-day notice requirements for section 276 applications, the changing rules around section 278 records, the growing role of complainant participation, and the practical problems these reforms may create for defence counsel, judges, and accused persons alike. Joseph and Diana also examine the proposed lack of parity between the defence and the Crown when introducing sexual history evidence, the implications of the Kinnamore decision, and why the new framework may trigger fresh constitutional litigation in Canadian courts. If you follow Canadian criminal law, false allegations, sexual assault law, criminal defence, court delay, Jordan applications, rape shield law, therapeutic records, or the erosion of due process in Canada, this episode is essential viewing. Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Possibly Correct Media www.PossiblyCorrect.com

    52 min
  6. EP#204 | The Hidden Crisis of False Accusations

    MAR 16

    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. Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Possibly Correct Media www.PossiblyCorrect.com

    57 min
  7. EP#203 | Can You Trust Digital Evidence? Screenshots, Metadata & AI Fakes

    MAR 9

    EP#203 | Can You Trust Digital Evidence? Screenshots, Metadata & AI Fakes

    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-generated evidence in criminal cases. This episode explores how Cellebrite and other forensic tools are used to extract data from iPhones, Android devices, laptops, and cloud backups, why screenshots and exported chats are often unreliable, how deleted texts and app messages become harder to recover after roughly 30 days, and why chain of custody, verification, and original source data are becoming critical in sexual assault, criminal, and family court cases. The conversation also examines spoofed phone numbers, fake Instagram and text message generators, altered recordings, edited photos, wearable tech data, GPS tracking, and the access to justice problem created when challenging digital evidence requires costly experts and complex motions. If you want a practical discussion about digital forensics, metadata, authentication, AI manipulation, and the future of electronic evidence in Canadian criminal law, this is an essential episode. Short Description Former RCMP digital forensic expert Alain Filotto joins Not on Record to explain phone extractions, metadata, fake screenshots, deleted messages, and how AI is making digital evidence harder to trust in court. SEO Meta Description Former RCMP forensic expert Alain Filotto explains phone extractions, metadata, fake screenshots, deleted messages, and AI-manipulated digital evidence on Not on Record Episode 203. Timestamped Chapters 00:00 Intro and guest welcome 00:44 Alain Filotto’s RCMP and forensic background 03:58 How phone extractions actually work 08:19 Deleted messages, recovery limits, and the 30-day window 15:27 Metadata, interpretation, and hidden digital context 24:40 Why screenshots are weak evidence 29:59 AI, fake chats, edited recordings, and deepfake risks 45:01 Verification, chain of custody, and access to justice

    50 min
  8. EP#202 | The 7-Day Rule That Makes No Sense in Real Courtrooms

    MAR 3

    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 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 **sexual inactivity**, **virginity**, and “lack of sexual interest” messaging? The Court said the screening process should *mirror* the **s. 276 Criminal Code** regime the defence is already forced to navigate, aiming for basic **parity** and fair notice so an accused can know the case to meet. In practice, the lawyers describe a system where the defence files applications months in advance, while the Crown often arrives late (or not at all), leaving defence counsel to “pre-bake” the Crown’s Kinamore issues into their own materials just to keep trials from derailing. They also get into the messy realities this decision was trying to fix: disclosure that contains sexual history references, whether a complainant can “waive” the process (spoiler: the Court says the application still has to happen), how credibility fights get boxed into absurd technicalities (yes, even arguing about “flirting”), and why timeline rules like “seven days” can be fantasy-land in real criminal litigation. **Not legal advice.** This episode is practical commentary on Canadian criminal procedure, evidence, and what Kinamore is changing (and not changing) in courtrooms. Key case referenced: R. v. Kinamore, 2025 SCC 19 (released June 13, 2025).

    40 min
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4.8
out of 5
26 Ratings

About

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.

Information

  • Creator
    Possibly Correct Media
  • Years Active
    2021 - 2026
  • Episodes
    210
  • Rating
    Explicit
  • Copyright
    © All rights reserved
  • Show Website
    Not On Record Podcast

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