Not On Record Podcast

Possibly Correct Media

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. EP#215 | She Read the Affidavit. Then Her Story Changed

    5d ago

    EP#215 | She Read the Affidavit. Then Her Story Changed

    **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 discussion focuses on Section 276 and 278 applications, reverse disclosure concerns, R v JJ, credibility, reliability, and whether cross-examination is enough to protect trial fairness when key details appear for the first time in examination-in-chief. This episode explores the growing tension between complainant participation rights and an accused person’s right to make full answer and defence.

    31 min
  2. EP#214 | Reliability vs Credibility

    Jun 1

    EP#214 | Reliability vs Credibility

    **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 witness reliability and credibility in criminal trials. The case involved allegations of sexual assault against a biological father and raised complex questions about a complainant who had a documented history of hallucinations, delusions, medication non-compliance, and street drug use during the period of the alleged offences. The Court of Appeal was asked to determine whether the trial judge improperly relied on myths and stereotypes about mental illness when acquitting the accused. Joseph and Diana explain the critical legal distinction between credibility and reliability, why mental illness alone cannot be used to discount a witness’s evidence, and when case-specific evidence of hallucinations, delusions, panic attacks, psychiatric symptoms, or medication issues may legitimately become relevant at trial. They also discuss third-party psychiatric records applications, the evidentiary foundation required to raise mental health issues in court, and why judges must carefully avoid discriminatory reasoning while still assessing reliability based on evidence. This episode provides valuable guidance for criminal lawyers, law students, and anyone interested in how Canadian courts balance fairness, mental health considerations, and the search for truth in the justice system. ### **Chapters** **00:00** Introduction to R. v. C.P. (2026 ONCA 333) **02:19** Mental illness, credibility, and reliability explained **04:21** Hallucinations, delusions, medication, and street drug use **07:10** Crown appeal and myths about mental illness **10:13** Evidence supporting reliability concerns **14:29** Accessing psychiatric and therapy records in criminal cases **16:11** Why the Court of Appeal upheld the acquittal **21:34** Lessons for lawyers handling mental health evidence

    25 min
  3. EP#213 | CAN WORDS BE ABUSE?

    May 25

    EP#213 | CAN WORDS BE ABUSE?

    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 future claims involving domestic abuse, financial control, psychological harm, family court litigation, and proposed Criminal Code changes.

    44 min
  4. EP#212 | Can Dreams Convict?

    May 18

    EP#212 | Can Dreams Convict?

    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, Diana Davison, and Amy discuss how digital evidence, complainant social media posts, withdrawn charges, online reputational damage, and careful statement analysis can dramatically affect sexual assault and domestic allegation cases. From removing outdated police and media posts after charges are withdrawn, to finding inconsistencies across complainant statements, to warning young lawyers about overreliance on AI for cross-examination, this episode is a sharp, funny, and practical look at courtroom strategy, wrongful accusations, defence preparation, and the human skill required to tell the right story in court.

    41 min
  5. EP#211 | She Found The Lie

    May 11

    EP#211 | She Found The Lie

    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, Diana Davison, and Amy discuss how digital evidence, complainant social media posts, withdrawn charges, online reputational damage, and careful statement analysis can dramatically affect sexual assault and domestic allegation cases. From removing outdated police and media posts after charges are withdrawn, to finding inconsistencies across complainant statements, to warning young lawyers about overreliance on AI for cross-examination, this episode is a sharp, funny, and practical look at courtroom strategy, wrongful accusations, defence preparation, and the human skill required to tell the right story in court.

    45 min
  6. EP#210 | NON-VERBAL CONSENT

    May 4

    EP#210 | NON-VERBAL CONSENT

    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 key witness is not called at trial. The discussion explores why consent in Canadian sexual assault law does not require verbal permission at every step, how judges assess credibility under the W.D. framework, and why gaps in the Crown’s evidence can matter without becoming an improper adverse inference. This episode is essential viewing for criminal defence lawyers, legal professionals, law students, and anyone interested in courtroom strategy, false accusations, sexual assault trials, evidentiary burdens, and how appellate courts review acquittals. 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

    27 min
  7. EP#209 | When the Accuser Is the Stalker: Inside a Shocking Court Case

    Apr 28

    EP#209 | When the Accuser Is the Stalker: Inside a Shocking Court Case

    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 case involving historical allegations, alleged stalking behaviour, relationship breakdown, criminal harassment dynamics, voyeurism, sexual assault charges, and courtroom strategy, they explore how legal proceedings can become a tool of coercion, control, and harassment. This episode is essential viewing for lawyers, legal professionals, criminal defence audiences, true crime followers, and anyone interested in false accusations, complainant credibility, courtroom abuse, Crown discretion, police investigations, and how the legal system really works when personal conflict enters the criminal courts. YouTube Tags: Not On Record, Joseph Neuberger, Diana Davison, criminal defence, false allegations, legal analysis, courtroom strategy, criminal justice, stalking, court abuse, weaponized justice, peace bond, complainant credibility, sexual assault defence, voyeurism charge, criminal harassment, true crime, defence lawyer, Canadian law, police investigation, Crown attorney, legal podcast

    32 min
  8. Not On Record REWIND | Can a Judge Truly Be Impartial?

    Apr 20

    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
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5
out of 5
8 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
    217
  • Rating
    Explicit
  • Copyright
    © All rights reserved
  • Show Website
    Not On Record Podcast

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