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Not On Record Podcast: Daily Summaries Delivered
by 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.
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- Yesterday36 min
Not On Record | EP#227 | Judge Cross-Examines Accused, Conviction Overturned
EP#227 | Judge Cross-Examines Accused, Conviction Overturned Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord Can a trial judge cross-examine an accused? A recent Ontario Court of Appeal decision raises that question in dramatic fashion. In Episode 227 of Not On Record, Joseph Neuberger, Michael Bury and Noriana discuss a 2026 Ontario Court of Appeal decision in which a sexual assault conviction was overturned because the trial judge’s conduct created a reasonable apprehension of bias. The judge questioned the accused extensively after the Crown had already completed its cross-examination, with seven pages of transcript devoted to the judge’s questioning. The Court of Appeal found that the questions went far beyond simple clarification and amounted to cross-examination. Even more significantly, the trial judge relied on evidence that emerged from her own questioning when assessing the accused’s credibility and reliability. The episode examines the limits of judicial intervention, reasonable apprehension of bias, the importance of an impartial trial, delayed allegations, credibility assessments, memory, and what defence counsel can do when they believe a judge has crossed the line. The case is a fascinating reminder that justice must not only be done, but must also appear to be done.
- 1 weeks ago47 min
EP#226 | The Lindsey Clancy Trial: When Morality Collides With the Law
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 discussion looks at the unusual legal position now facing the defence, including a motion asking the judge to enter an acquittal following the hung jury. We examine how reasonable doubt works, why a jury cannot simply substitute its personal morality for the law, and the important differences between the Massachusetts approach and Canada’s law on not criminally responsible on account of mental disorder. Joseph also draws on his 19 years sitting on the Ontario Review Board and his experience handling mental health cases to explain psychosis, command hallucinations, postpartum depression, infanticide and what actually happens when someone is found not criminally responsible. The episode also addresses the evidence surrounding Clancy’s alleged suicide attempts, the role of her reported mental illness, her civil action against physicians, and why finding someone not criminally responsible is absolutely not a “get out of jail free card.” A difficult case raises difficult questions, but the legal system still requires jurors to apply the law, even when the facts are emotionally overwhelming. Subscribe to *Not On Record*, leave a comment, and let us know what you think. This discussion is for informational purposes and is not legal advice.
- 2 weeks ago30 min
EP#225 | The Affidavit Trap: A Dangerous New Trend
**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 225 of Not On Record, criminal defence lawyer Joseph Neuberger and Michael Bury examine a little-discussed legal issue that could have major consequences in sexual assault trials. Can Crown counsel cross-examine an accused on what was omitted from a section 276 affidavit, effectively turning defence strategy into evidence? Joined by articling student Noriana, they explore solicitor-client privilege, the purpose of section 276 applications, key Supreme Court of Canada decisions including R. v. Darrach, R. v. Goldfinch, and R. v. J.J., and why this emerging courtroom tactic could have significant implications for fairness, trial strategy, and future appeals.
- 3 weeks ago19 min
EP#224 | He Never Touched Her… So Why Was It Sexual Assault?
**Sponsored by EasyDNS** Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** Can a person be convicted of sexual assault without any sexual intent? In Episode 224 of *Not On Record*, criminal defence lawyer Joseph Neuberger and Diana Davison examine the Alberta Court of Appeal’s decision in **R. v. Roan, 2026 ABCA 260**, exploring how Canadian law defines sexual assault through the protection of a person’s sexual integrity rather than sexual motive. They also discuss the Ontario Court of Appeal’s decision in **R. v. SSD, 2026 ONCA 579**, and its application of the Supreme Court of Canada’s decision in **R. v. Berg**, reinforcing the importance of the reasonable doubt standard, the proper application of **W.(D.)**, and why judges must provide clear, consistent reasons for conviction. This episode examines two significant appellate decisions that highlight fundamental principles of Canadian criminal law and the safeguards that protect the integrity of the justice system.
- 4 weeks ago30 min
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?
- Aug 17, 202624 min
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.
- Aug 10, 202638 min
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
- Aug 3, 202636 min
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.
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About Not On Record Podcast
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.
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