Not On Record Podcast

EP#225 | The Affidavit Trap: A Dangerous New Trend

September 7, 2026·30 min
Episode Description from the Publisher

**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.

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