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- Yesterday41 min
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 Joseph Neuberger, Diana Davison, and Amy discuss how digital evidence, complainant social media posts, withdrawn charges, online reputational damage, and careful statement analysis can dramatically affect sexual assault and domestic allegation cases. From removing outdated police and media posts after charges are withdrawn, to finding inconsistencies across complainant statements, to warning young lawyers about overreliance on AI for cross-examination, this episode is a sharp,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.
- 1 weeks ago45 min
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 Joseph Neuberger, Diana Davison, and Amy discuss how digital evidence, complainant social media posts, withdrawn charges, online reputational damage, and careful statement analysis can dramatically affect sexual assault and domestic allegation cases. From removing outdated police and media posts after charges are withdrawn, to finding inconsistencies across complainant statements, to warning young lawyers about overreliance on AI for cross-examination, this episode is a sharp,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.
- 2 weeks ago26 min
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
- 3 weeks ago32 min
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
- 4 weeks ago35 min
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.
- Apr 13, 202624 min
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.
- Apr 6, 202643 min
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
- Mar 30, 202627 min
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
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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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