Not On Record Podcast

Possibly Correct Media
  • 5.0 (8)
  • 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. 8h ago

    EP#223 | Bail Granted… But You Still Can’t Go Home?

    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 believe the new rules create a two-tier justice system, and why the Criminal Lawyers’ Association and the Canadian Civil Liberties Association are challenging the legislation. Topics include: • Ontario’s new cash bail requirements • Sureties and how bail works • Charter rights and the presumption of innocence • Reverse onus provisions • Overcrowded jails • Public safety versus constitutional rights • Why critics argue these reforms punish poverty instead of crime Is this meaningful bail reform, or simply the illusion of public safety?

    EP#223 | Bail Granted… But You Still Can’t Go Home?

  2. Aug 17

    EP#222 | Fifty Shades of Consent: When BDSM Becomes Criminal

    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 BDSM and alternative sexual communities, consent can be highly structured. Partners may negotiate boundaries in advance, use safe words or colour systems, communicate exactly what acts they are comfortable with, and even put their agreements in writing. So what happens when someone later complains? Joseph discusses two current cases involving clients who had established specific communication systems for consent, yet were still charged with sexual assault. The central question is whether negotiated consent systems have any legal protection when the criminal law is applied after the fact.

    EP#222 | Fifty Shades of Consent: When BDSM Becomes Criminal

  3. Aug 10

    EP#221 | Why Didn’t Police Investigate? The Case That Exposed a Broken 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 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 taking a complainant’s statement and conducting a full, objective investigation. Joseph and Diana walk through a real case in which the accused provided police with detailed information about the events, including potential witnesses, receipts, locations, CCTV footage, phone evidence, dash-cam footage and other information that could potentially confirm or contradict the allegations. Yet many of those investigative avenues were not pursued. The episode explores: • What grounds police need before laying a criminal charge • Whether taking a complainant’s statement can constitute an “investigation” • Why police may not conduct follow-up interviews • The importance of CCTV and other time-sensitive digital evidence • What happens when police seize a phone but don’t promptly extract the evidence • How the defence can attempt to preserve and obtain evidence police haven’t collected • When third-party records, including medical records, may become relevant • Why an accused person’s request for police to investigate potentially exculpatory evidence matters • The role of Crown counsel in reassessing whether there is a reasonable prospect of conviction • The consequences of failing to conduct an objective investigation • Why proper investigations ultimately protect both accused people and genuine victims

    EP#221 | Why Didn’t Police Investigate? The Case That Exposed a Broken System

  4. Aug 3

    Not On Record REWIND | Finally A Win For Men

    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 the accused was an abused husband suffering from trauma caused by coercive control. The discussion explores how this evidence was admitted, why it mattered, how it influenced cross-examination, and why the judge ultimately rejected the complainant’s credibility. They also explain the legal test for admitting expert evidence, the importance of challenging stereotypes surrounding male victims, and why rigorous research into false allegations is long overdue.

    Not On Record REWIND | Finally A Win For Men

  5. Jul 27

    Not On Record REWIND | When Children Are Told What to Remember

    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 acquittals. They also analyze a separate sexual assault case where the trial judge went beyond reasonable doubt and expressly rejected the complainant’s testimony while accepting the accused’s evidence. The episode explores why criminal trials exist to determine guilt beyond a reasonable doubt, not to vindicate allegations, and discusses growing concerns over false accusations, specialized courts, and the need for rigorous academic research into wrongful allegations.

    Not On Record REWIND | When Children Are Told What to Remember

  6. Jul 20

    Not On Record REWIND | The Divorce Playbook: How Criminal Charges Start

    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 criminal cases. Joseph and Diana analyze the Ontario decision in *Ahluwalia v. Ahluwalia*, which recognized a new tort of family violence and opened the door to significant damage awards within family law proceedings. The conversation examines how family court documents, affidavits, separation agreements, and discoveries can become powerful evidence in criminal trials. Drawing from real cases, the hosts explain how contradictions, financial disputes, allegations of coercive control, and competing narratives often emerge when family and criminal proceedings unfold simultaneously. They also discuss the importance of coordinating family and criminal defence strategies, the dangers of acting impulsively during separation, and why children are often the greatest victims when legal disputes become weaponized.

    Not On Record REWIND | The Divorce Playbook: How Criminal Charges Start

  7. Jul 13

    EP#220 | Bill C-14: The End of Presumed Innocence?

    **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 laws. The discussion examines the government’s stated goal of addressing public concerns over repeat offenders, violent crime, auto theft, home invasions, human trafficking, and organized criminal activity. Michael and Nick break down the most significant reforms, including expanded reverse onus provisions, restrictions on sureties, changes to the ladder principle, new sentencing aggravating factors, and the elimination of conditional sentence orders for certain offences. The episode also explores the potential unintended consequences of these reforms, including increased pre-trial detention, overcrowded jails, longer bail delays, additional pressure on courts, and the impact on accused persons who remain presumed innocent while awaiting trial. The hosts discuss concerns raised by defence lawyers, civil liberties advocates, and organizations that question whether tougher bail laws will meaningfully reduce crime or simply place greater strain on an already overburdened justice system. Topics include reverse onus bail hearings, human trafficking offences, auto theft, home invasions, conditional sentences, prison overcrowding, mental health concerns, rehabilitation, GPS monitoring programs, and the broader debate between public safety and civil liberties. Chapters * 00:00 Introduction to Bill C-14 * 03:15 Overview of Bail and Sentencing Reform Act * 07:30 Reverse Onus Expansion Explained * 12:40 Changes to Sureties and the Ladder Principle * 18:45 Human Trafficking, Auto Theft and Home Invasions * 24:20 Presumption of Innocence vs Public Safety * 31:10 Bail Court Delays and System Strain * 38:00 Conditions Inside Ontario Jails * 45:30 Impact on Defence Preparation and Fair Trials * 52:15 Conditional Sentences and House Arrest Changes * 58:40 Indigenous and Vulnerable Populations * 1:04:20 Mental Health, Addiction and Recidivism * 1:10:10 GPS Monitoring and Alternative Approaches * 1:15:30 Final Thoughts on Bill C-14

    EP#220 | Bill C-14: The End of Presumed Innocence?

  8. Jul 6

    EP#219 | Judge's Logic Destroyed on Appeal

    **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 domestic assault prosecution. After a nine-day judge-alone trial, the accused was acquitted of most charges but convicted on three counts. The defence believed serious errors had been made in the trial judge’s credibility analysis and took the case to appeal. The discussion explores one of the most important issues in criminal law: how courts assess witness credibility and reliability. The case centred on major inconsistencies between sworn family court affidavits and criminal trial testimony. Rather than treating those inconsistencies as damaging to credibility, the trial judge attributed them to a supposed “filtering process” by police, lawyers, and court procedures. Nick explains how the appeal challenged that reasoning, arguing there was no evidence and no legal foundation for excusing contradictory sworn statements on that basis. The appeal court ultimately agreed, finding that appellate intervention was warranted and ordering a new trial.

    EP#219 | Judge's Logic Destroyed on Appeal
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5
out of 5
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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
    228
  • Rating
    Explicit
  • Copyright
    © All rights reserved
  • Show Website
    Not On Record Podcast

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