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. EP#218 | 20 Year Error

    4d ago

    EP#218 | 20 Year Error

    **Sponsored by EasyDNS** Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** The Supreme Court of Canada has finally stepped in to correct a legal misunderstanding that has influenced credibility assessments in criminal trials for nearly two decades. In **R. v. Berg, 2026 SCC 21**, the Court dismissed the accused’s appeal but used the opportunity to deliver important guidance on the proper application of reasonable doubt, credibility findings, and the landmark **W.(D.)** framework. Criminal defence lawyers **Joseph Neuberger** and **Diana Davison** examine how the Ontario Court of Appeal’s 2006 decision in **J.J.R.D.** was repeatedly misapplied by trial courts, creating the risk of turning criminal trials into impermissible credibility contests. They explain why the Supreme Court unanimously reaffirmed that convictions cannot rest solely on a judge believing a complainant over an accused, and why judges must analyze all the evidence before concluding guilt beyond a reasonable doubt. This episode explores the presumption of innocence, appellate review, sexual assault trials, credibility assessments, and what this major Supreme Court ruling means for future criminal cases across Canada.

    38 min
  2. EP#217 | THE DANGER OF GLOBAL CHARGES

    Jun 22

    EP#217 | THE DANGER OF GLOBAL CHARGES

    **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*, Joseph and Diana break down a mind-boggling case involving "global charges" of sexual assault spanning a 23-year relationship. When an accuser alleges hundreds of identical assaults but their real-life actions—from planning a family to praising their partner—completely contradict their stated state of mind, how should the court react? We dive deep into the dangerous intersection of family law disputes and criminal charges, exploring where the legal principle against "myth-based reasoning" ends and basic human common sense begins. Are courts becoming too terrified to call out patently absurd testimony? Plus, we take a brief, existentially terrifying detour into the end of the universe. **Sponsored by EasyDNS:** Secure your domain and web hosting with a provider that has a 30-year track record. Protect yourself from cancel culture and nefarious actors. Like, share, subscribe, for more insights from inside the justice system!

    42 min
  3. EP#216 | What If They Lied About Their Age?

    Jun 15

    EP#216 | What If They Lied About Their Age?

    EP#216 | What If They Lied About Their Age? by Possibly Correct Media

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

    Jun 8

    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
  5. 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
  6. 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
  7. 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
  8. 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
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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
    220
  • Rating
    Explicit
  • Copyright
    © All rights reserved
  • Show Website
    Not On Record Podcast

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