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 trials and the emerging and alarming changes to our legal system.  A behind the scenes inside look into real court room drama.  

Website: http://www.NotOnRecord.com 
Sign up to our email list - http://eepurl.com/hw3g99 

Video Platforms
Bitchute: https://www.bitchute.com/channel/NoUC84ZKaCd6/ 
Rumble: https://rumble.com/c/c-842207 

Audio Platforms
Apple Podcast: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord 
Stitcher: www.stitcher.com/podcast/notonrecord
Google Play: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zb3VuZGNsb3VkLmNvbS91c2Vycy9zb3VuZGNsb3VkOnVzZXJzOjk3MDkyOTc3Mi9zb3VuZHMucnNz 
Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX

Social Media Links
Telegram: https://t.me/NotOnRecord
Minds: http://www.minds.com/notonrecord 
Twitter: http://www.twitter.com/NotonRecord

For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.

EP#4 | Justice League: Covid Crackdown

Criminal Defence Lawyers Joseph Neuberger, Chris Assie and YouTube personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real court room drama.  

In this episode Joseph, Diana and Chris discuss the legality of the Canadian government response to the Trucking Convoy (Freedom Convoy. 

Website: http://www.NotOnRecordpodcast.com  
Sign up to our email list - http://eepurl.com/hw3g99 

The Lighthouse Project - Diana Davison
https://www.thelighthouseproject.ca

Video Platforms
Rumble: https://rumble.com/c/c-842207 

Audio Platforms
Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX
Apple Podcast: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord 
Stitcher: www.stitcher.com/podcast/notonrecord
Google Play: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zb3VuZGNsb3VkLmNvbS91c2Vycy9zb3VuZGNsb3VkOnVzZXJzOjk3MDkyOTc3Mi9zb3VuZHMucnNz 


Social Media Links
Telegram: https://t.me/NotOnRecord

EP#29 | Tamara Lich & Hockey Canada

YouTube - https://youtu.be/a3FXc1mCr0Q

Criminal Defence Lawyers Joseph Neuberger, Michael Bury and Nick Whitfield sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama.  

Website: http://www.NotOnRecordpodcast.com  
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Social Media Links
Twitter: http://www.twitter.com/NotonRecord
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Facebook: https://www.facebook.com/notonrecord
Telegram: https://t.me/NotOnRecord
Minds: http://www.minds.com/notonrecord 

Audio Platforms
Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX
Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord 
Stitcher: www.stitcher.com/podcast/notonrecord
Google Play: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zb3VuZGNsb3VkLmNvbS91c2Vycy9zb3VuZGNsb3VkOnVzZXJzOjk3

Video Platforms
Bitchute: https://www.bitchute.com/channel/NoUC84ZKaCd6/ 
Rumble: https://rumble.com/c/c-842207 

For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.

Produced by Benjamin Dichter & Max Silverberg

EP#101 | A False Allegation in the Family

In episode 146 of the Not on Record podcast Joseph, Michael and Diana delve into the complexities of **reaction evidence** in criminal cases, particularly focusing on a recent trial involving text message exchanges between an accused and a complainant. Joseph, Michael and Diana discuss a controversial ruling where the accused's failure to deny an allegation of sexual assault was interpreted as an admission of guilt by the trial judge, raising concerns about the reliability of such conclusions. The episode highlights the importance of context in communication, especially in digital formats like text messaging, and critiques the procedural shortcomings in how evidence was handled during the trial. Joseph, Michael and Diana emphasize that a mere lack of response should not be equated with guilt without considering other plausible explanations for the accused's behaviour. 

Website: http://www.NotOnRecordpodcast.com 
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Minds: http://www.minds.com/notonrecord 

Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#146 | Can a Failure to Deny Result in Sex Assault Conviction?

Sponsored by EasyDNS
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In Episode 167 of Not On Record, Joseph, Michael, and Diana explore the limits of using good character evidence in sexual assault trials, explaining why testimony from friends or colleagues vouching for an accused’s moral reputation holds little to no weight in such cases. They clarify that good character evidence—restricted to general reputation for traits like honesty—rarely has value in proving or disproving what happened in private, behind closed doors. More importantly, introducing such evidence can backfire by opening the door for the Crown to bring in rebuttal witnesses or criminal history. Instead, the panel stresses that a defendant’s courtroom demeanor, coherence, and honesty under testimony are far more persuasive than declarations of virtue. They also delve into bad character evidence, particularly in domestic violence cases, where prior uncharged acts may be admitted to show animus or explain delays in reporting abuse. The episode underscores that credibility is built through conduct at trial—not personal endorsements—and warns against the strategic pitfalls of putting one’s character “on trial.”

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Facebook: https://www.facebook.com/notonrecord 
Telegram: https://t.me/NotOnRecord 
Minds: http://www.minds.com/notonrecord 

Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

EP#167 | Why You Shouldn't Put Your Character on Trial

Sponsored by EasyDNS
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In episode 165 of Not on Record, hosts Joseph, Michael and Diana dissect a complex legal scenario stemming from the case of R v. PPONCO, 2025 ONCA 243. The episode begins with a hypothetical law school question: What happens when a judge, after hearing submissions, privately re-examines audio or video evidence and arrives at a different conclusion than what was presented in court? They then transition into discussing the actual case, highlighting errors made by the trial judge, including making sweeping generalizations about an arranged marriage and misinterpreting a defendant's statement. The hosts emphasize the fundamental principle that an accused person has the right to know the case they must meet and the evidence being used against them. The episode also features a sponsorship from Easy DNS, a domain name registrar and web hosting service.

Website: http://www.NotOnRecordpodcast.com 
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Twitter: http://www.twitter.com/NotonRecord 
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Facebook: https://www.facebook.com/notonrecord 
Telegram: https://t.me/NotOnRecord 
Minds: http://www.minds.com/notonrecord 

Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

EP#165 | Lost in Translation: When a Judge Misheard the Evidence

In Episode 169 of Not On Record, criminal defence lawyer Joseph Neuberger and legal commentator Diana Davison examine the Saskatchewan provincial court case R. v. Larter, which led to a powerful acquittal and a striking judicial commentary on the complexity and rigidity of current sexual assault trial legislation. The accused, a male camp counselor, was acquitted due to reasonable doubt in the credibility of the complainant—a biologically female youth who identified as male at the time. The judge’s ruling went far beyond the case itself, presenting a scholarly critique of Canada’s evolving evidentiary framework, which he argues now imposes undue burdens on judges and defence counsel, risks excluding clearly relevant evidence, and prioritizes ideological orthodoxy over fair adjudication. Joseph and Diana unpack how recent legislative reforms have transformed relatively straightforward trials into labyrinthine legal proceedings, often undermining judicial discretion and transparency, and potentially leading to wrongful convictions. They call attention to the urgent need for legal clarity, consistency, and a recommitment to the truth-seeking function of the justice system.

Website: http://www.NotOnRecordpodcast.com 
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Minds: http://www.minds.com/notonrecord 

Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

EP#169 | It's Not Just 'He Said, She Said'

Sponsored by EasyDNS
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In this in-depth episode, Joseph, Michael, and Diana tackle the critical legal concept of the *right to silence* in Canada, exploring its Charter protections under Sections 7 and 10(b), and contrasting it with the more precarious UK approach where silence can be held against the accused. The trio walks listeners through real-world police tactics—including deceit and the controversial Reid Technique—used in high-stakes interrogations. Using the 2025 Ontario Court of Appeal case *R. v. Ordonio*, they unpack how prolonged interrogation, sleep deprivation, and psychological pressure can lead to false confessions, even in serious cases like homicide. From legal nuance to psychological manipulation, this episode is both a warning and a masterclass on why keeping your mouth shut might be your best defense.
Website: http://www.NotOnRecordpodcast.com 
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Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

EP#171 | Police Interrogations That Violate Your Rights

Sponsored by EasyDNS
https://easydns.com/NotOnRecord

In Episode 174 of Not on Record, the team dives deep into the complex world of disclosure in criminal cases—what it is, how it’s obtained, why it’s essential, and what happens when it arrives late. With Joseph Neuberger on a well-deserved break, returning guests Maria, Yuvika, and Mr. Bury lead a lively, insightful discussion on the disclosure process, sharing personal experiences, the importance of timely requests, and the unexpected hurdles defense counsel often face. From police evidence gathering to digital disclosure platforms, they break down each step in an accessible way while tackling key legal remedies, third-party records, and the rare but bizarre disclosure requests they’ve encountered in court.

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Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

EP#174 | All About Disclosure

Sponsored by EasyDNS
https://easydns.com/NotOnRecord

In this episode, three complex sexual assault cases are dissected, each involving unique circumstances but united by the common thread of reasonable doubt. From a university romance that ended in explosive allegations and contradictory messages, to a decades old claim resurrected from the 1980s hockey scene, and a rare same sex assault case entangled with financial disputes and a disappearing complainant, the episode explores how careful cross-examination, digital evidence, and inconsistencies in testimony can expose fabrications and shift the trajectory of high stakes criminal trials.

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Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

EP#175 | Case Closed: Wins for the Defence

In this explosive episode, Joseph, Michael, and Diana dive deep into the controversial Hockey Canada sexual assault trial and the landmark acquittal that’s ignited debate across the country. With a detailed breakdown of the 93-page judicial decision, they unpack the key legal findings, including the role of “consent videos,” inconsistencies in the complainant’s testimony, and how objective evidence prevailed over public pressure.

The hosts explore how the trial reflects on Canada’s criminal justice system, cautioning against reactionary legislation and defending the presumption of innocence. They also confront the cultural impact of the “my truth” narrative, the dangers of media-led moral outrage, and the growing backlash against female defense lawyers in sexual assault cases.

Whether you support or oppose the outcome, this episode is an essential primer on due process, evidentiary standards, and why the integrity of our legal system matters especially when the stakes are this high.

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Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

EP#176 | Hockey Canada Trial: Unpacking the Verdict

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 trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. 

R. v. J.J., 2022 SCC 28 - https://www.canlii.org/en/ca/scc/doc/2022/2022scc28/2022scc28.html?resultId=abab1b5f46514f5d9f2774573977f296&searchId=2025-08-10T07:43:21:387/bee4367ca21e40fbac78ed0609b59878

Website: http://www.NotOnRecordpodcast.com 
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Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

EP#177 | Roadblocks Before the Trial Even Begins

Criminal Defence Lawyers Joseph Neuberger, Michael Bury, and YouTube personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. 

R v EK, 2016 ONSC 5802 - https://www.canlii.org/en/on/onsc/doc/2016/2016onsc5802/2016onsc5802.html?resultId=e0adba56e5b742778213b30dcdc69c46&searchId=2025-08-16T11:49:54:907/fd6ce5bb3b3b42d79adcfd5bc1cb2e8c

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Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

EP#178 | MY Truth vs. THE Truth

Sponsored by EasyDNS
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In Episode 179 of Not On Record, Joseph Neuberger, Michael Bury, and Diana Davison examine a recent Ontario Court of Appeal case that highlights how dates and times are treated in sexual assault trials. They explain the “golden rule” — that the accused must know the case to meet — and why courts allow flexibility on timing, especially in sexual offence cases. The conversation unpacks the limits and risks of alibi defences, the myth of “getting off on a technicality,” and how credibility, reliability, and fairness are balanced in Canadian courts.

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Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

The Queen v. Côté, 1977 CanLII 1 (SCC), [1978] 1 SCR 8 - https://www.canlii.org/en/ca/scc/doc/1977/1977canlii1/1977canlii1.html?resultId=1b21ef34bb73458fb23415832c0eeaef&searchId=2025-08-20T20:26:40:242/a4197a1fffd24722a6cca4d60486dbb9

R. v. G.G., 2025 ONCA 574 - https://www.canlii.org/en/on/onca/doc/2025/2025onca574/2025onca574.html?resultId=a70e818ebbf54388866bd00624ff9bad&searchId=2025-08-20T20:28:52:797/6bea406567054c48b5b9ec262f8741d7

R. v. Hill, 1995 CanLII 271 (ON CA) - https://www.canlii.org/en/on/onca/doc/1995/1995canlii271/1995canlii271.html?resultId=94b44955502e429d9940e3047f99335d&searchId=2025-08-20T20:30:23:866/a0b997e5fed84ec1b024dae3ce9c65bb

R. v. P. (M.B.), 1994 CanLII 125 (SCC), [1994] 1 SCR 555 - https://www.canlii.org/en/ca/scc/doc/1994/1994canlii125/1994canlii125.html?resultId=c3ede941bd8b4047a29289d122da4fe8&searchId=2025-08-20T20:32:03:661/89ca3c5b3b6548b9a7ae2efa277b1413

R. v. Tarnovsky, 1995 CanLII 381 (ON CA) - https://www.canlii.org/en/on/onca/doc/1995/1995canlii381/1995canlii381.html?resultId=80d3a23558a242c0b7889d2486a08552&searchId=2025-08-20T20:34:09:122/eb1a8d3416a344abbf0c5edc0035fc59

EP#179 | The Golden Rule

Sponsored by EasyDNS
https://easydns.com/NotOnRecord 

Yuvika & Maria sit down with Grace Condello (Neuberger & Partners; LLB University of London; recent master’s; articling) to challenge a widely shared opinion claiming female lawyers “betray their gender” by defending men accused of sexual offences. They walk through the IRAC framework lawyers are trained to use, revisit Canadian wrongful conviction lessons and illustrate how tunnel vision and confirmation bias creep into investigations and commentary alike. You’ll hear concrete examples from Human Rights Tribunal allegations undone by messages revealing motive to fabricate, to domestic complaints reversed on police body-worn camera showing why presumption of innocence and due process protect everyone. 

Why would female lawyers represent men in sexual crimes? - https://www.thestar.com/opinion/star-columnists/why-would-female-lawyers-represent-men-in-sexual-crimes/article_9acde788-f606-452b-974e-5edd315f7b03.html

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Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 
SoundCloud: https://soundcloud.com/notonrecord  
Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#180 | Why Female Lawyers Defend Men Accused of Sexual Offences

Sponsored by EasyDNS
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🔹Short Description:
🏒 EP#181 Joseph and Alper Yulmaz contrast Canada’s self-defence (s.34) with U.S. castle doctrine—no duty to retreat, proportionality/necessity, and the modified objective test for homeowners. ⚖️📢🎙️

📝Meta Description:
📢 In EP#181 Not On Record explains Canada’s self-defence s.34 vs U.S. castle doctrine—no duty to retreat, proportionality, stand-your-ground myths, and how courts assess reasonableness. 🎧🧑‍⚖️🏒

|Not On Record

😍 𝐈 𝐇𝐎𝐏𝐄 𝐘𝐎𝐔 𝐆𝐔𝐘𝐒 𝐄𝐍𝐉𝐎𝐘 𝐓𝐇𝐈𝐒!
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In this episode Joseph walks through Canada’s self-defence law (Criminal Code s.34) and contrasts it with U.S. “castle doctrine” and stand-your-ground frameworks. With articling student Alper Yulmaz joining, they unpack proportionality and necessity, why Canada has no duty to retreat yet still weighs available options, and how courts apply a modified subjective objective test, considering the accused’s size, experience, trauma history, and the context inside a home. Recent tragedies and high-profile charges are discussed without trial-by-media, along with Supreme Court guidance (e.g., Hodgson, Khill), to show that Canadian law is broader and more flexible than many think; designed to protect homeowners while avoiding blanket presumptions that can produce unjust outcomes.

R. v. Hodgson, 2024 SCC 25 - https://www.canlii.org/en/ca/scc/doc/2024/2024canlii11123/2024canlii11123.html?resultId=faf026722dfb4b3a9e3dc803930bbd9b&searchId=2025-09-07T08:08:30:114/750c412190cc49eba6030d6a4fba89fa

R. v. Khill, 2021 SCC 37 (CanLII), [2021] 2 SCR 948 - https://www.canlii.org/en/ca/scc/doc/2021/2021scc37/2021scc37.html?resultId=106af67b2fdf4afd82ff35a092a71ebc&searchId=2025-09-07T08:11:40:226/e117a95adc244d88b9ab89e6f5053778

EP#181 | Self Defence Laws: Canada vs. The United States

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In this solo episode, Joseph breaks down R. v. D.D., 2025 ONCJ 355 (Sudbury) to show how courts assess child-complainant evidence in sexual interference cases covering the s. 715.1 video-statement rule, the dangers of leading questions, gaps around initial disclosure, and the W.(D.) framework for credibility vs. reliability that ultimately produced an acquittal on reasonable doubt. Along the way he offers practical defence insights (why “no opportunity” absolutes backfire, how to mine inconsistencies between in-court testimony and the video) and a quick primer on how judges tailor reliability analysis for young witnesses without lowering the burden of proof. It’s an instructive case study shaped by viewer questions delivered with a bit of levity (a nod to Ghostbusters and Mr. Stay Puft) and supported by our friends at EasyDNS.

EP#182 | Analysis of a Child's Evidence in a Sexual Interference Case

In Episode 183 of Not On Record we welcome special guest Marcy to dive into the chilling true crime story of Dan Markle, a father murdered in 2014 in a case that has captivated public attention for nearly a decade. This episode unravels the intricate web of a targeted hit allegedly orchestrated by his ex-wife’s family, driven by an extreme case of parental alienation during a high-conflict divorce. From the initial shocking tip from listener Brian to the recent conviction of the matriarch, Donna Adelson, and her appeal citing juror misconduct, we explore the key characters Dan, the victim; Wendy, the unindicted ex-wife; and the convicted co-conspirators including Charlie and Catherine. Recorded on September 21, 2025, at 01:44 PM EDT, this episode delves into the courtroom controversies, wiretap evidence, and the broader implications of parental alienation, offering a sobering look at justice, gender dynamics, and sensationalized trials in the U.S. legal system.

⚠️ 𝐃𝐈𝐒𝐂𝐋𝐀𝐈𝐌𝐄𝐑: We do not accept any liability for any loss or damage incurred from you acting or not acting as a result of watching any of my publications. You acknowledge that you use the information I provide at your own risk. do your own research.

✖️ 𝐂𝐎𝐏𝐘𝐑𝐈𝐆𝐇𝐓 𝐍𝐎𝐓𝐈𝐂𝐄: This video and my YouTube channel contain dialog, music, and image that are property of " Not On Record " You are authorized to share the video link and channel and embed this video in your website or others as long as a link back to my YouTube Channel is provided

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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com 

EP#183 | The Dan Markel Murder Trial

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Joseph and the team at Neuberger and Partners unpack why allegations on campus are surging and how university “pseudo-legal” processes can turn summaries into criminal evidence. They contrast postmodern “subjective truth” narratives with the actual law of consent, explain Stinchcombe-era disclosure rights, and warn students and parents about the risks of cooperating in internal investigations without counsel. The trio explores relabelling after the fact, social-media incentives, alcohol, and the cultural framing of “toxic masculinity,” while outlining practical steps: retain a criminal lawyer and (often) an education law specialist to protect academics and future careers. A sober call to educate sons and daughters alike with empathy, due process, and objective standards.

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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#184 | What University Students are Taught About Consent

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Joseph, Michael and Diana discuss the meaty legal breakdown of His Majesty the King v. J.W., 2025 ONCA 637. They unpack how the Ontario Court of Appeal treats myths and stereotypes in sexual-assault cases, especially delay in reporting and continued association, what’s permissible to argue, and how to ground inferences without crossing into prohibited reasoning. Expect a practical tour of jury charges, prior consistent statements (and their limits), strategic tips for defence counsel, and why careful, collaborative charge-crafting matters on appeal.

R. v. J.W., 2025 ONCA 637 - https://canlii.ca/t/kfdtw

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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#185 | Myths, Stereotypes and Bad Movies

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In Episode 186, the team tackles a thorny “global charge” spanning more than two decades and uses it to unpack one of criminal law’s hardest strategic calls: how to handle prior discreditable conduct and bad-character evidence in domestic-context sexual assault prosecutions. Drawing on Ontario Court of Appeal guidance in R v MRS (2020 ONCA 667) and R v ZWC (2021 ONCA 116), they contrast narrative relevance with forbidden propensity reasoning, and debate when to object pre-trial versus “lean in” to expose contradictions, motive to fabricate, and animus especially when allegations number in the hundreds and particulars are thin. They weigh risks on appeal, the limits of motions for particulars, credibility traps in he-said-she-said trials, and how custody disputes and timing can colour the evidentiary landscape. It’s a candid, practice-level conversation about judgment calls that can win a case or foreclose appellate remedies.

R. v. MRS, 2020 ONCA 667 - https://canlii.ca/t/jb6p4

R. v. Z.W.C., 2021 ONCA 11 - https://canlii.ca/t/jddvg

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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#186 | Trial Strategy When Fighting Global Accusations

Can police use text messages that a complainant voluntarily hands over without a warrant?  Joseph, Michael and Alper walk through the fresh R v Dhaliwal (Oct 8, 2025) decision, recap the Supreme Court’s R v Marakah (2017) framework on privacy in digital messages, and contrast R v Reeves (2018) and Lampert (2023 ONCA) on third-party devices and shared control. They unpack Section 8’s “search” vs “seizure,” how passive police collection can still breach the Charter, and why 24(2) good-faith analysis often keeps the evidence in. The crew hash out when a warrant should be mandatory, the dangers of cherry-picked screenshots, and how AI-era fakery raises the stakes for authenticity and expert evidence. 

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Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#187 | Are Text Messages Private?

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In this case-review episode, Joseph walks through a 2024 file in which a supervisor faced five sexual-assault charges supported by a 300-page sworn statement. Drawing on two decades of defence work, the team contrasts that narrative with a full digital extraction: Instagram DMs, texts, recordings, and time-stamped photos that mapped a consensual relationship and ultimately led to the Crown withdrawing all charges. They address a persistent myth in online comments (“withdrawn ≠ innocence”), explain why demonstrably fabricated complaints appear in roughly 30–40% of their practice’s database, and outline the memo-to-Crown process, disclosure strategy, and the real costs, delays, and collateral damage an accused endures even when exonerated. The conversation closes with a preview of an upcoming segment on deepfakes and forensic counter-measures, plus a shout-out to sponsor EasyDNS. Like, comment, subscribe and send in your legal questions for a future case breakdown.

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Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#188 | The Most Demonstrably False Allegation We've Ever Seen

Three piece suits, sock wars, and a serious legal deep-dive. In this episode, Joseph and Alper unpack the Supreme Court of Canada’s Quebec (Attorney General) v. Senville, 2025 SCC 33 ruling, which struck down the one-year mandatory minimum for possession/accessing child pornography on indictment under Criminal Code s. 163.1(4)(a) and 163.1(4.1)(a). They explain Section 12 of the Charter (cruel and unusual punishment), why reasonable hypotheticals matter, and how judicial discretion prevents grossly disproportionate outcomes using real world scenarios (including an autistic 18-year-old and the youth sexting hypothetical) to illustrate nuance. They also set the record straight on R. v. Friesen (2020 SCC 9): courts remain firm on protecting children and imposing stiffer ranges where warranted; Senville doesn’t weaken that. Plus: media framing vs. facts, trusting judges over politics, calls for principled sentencing, and yes whether festive socks ever belong with a three-piece suit.

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Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#189 | Why Mandatory Minimums Are Bad

Joseph and Alper dive into one of the most unsettling sexual assault decisions to come out of the Supreme Court of Canada in years: **R. v. Rioux, 2025 SCC 34**, released the very day they hit record. Still hot off the printer, the judgment sends Joseph’s blood pressure through the roof as he and Alper give their **raw, first reaction** to a 5–4 split decision that effectively rewrites how courts treat **consent, capacity, blackouts, and memory loss** in sexual assault trials.

They walk through the core facts, then zero in on the majority’s treatment of **blackout and memory loss as circumstantial evidence of incapacity**, and the idea that a complainant’s *beliefs and assumptions* about how they “would have acted” can stand in for an actual memory of events. Along the way, they unpack the difference between **actus reus and mens rea**, explain why the distinction between **direct and circumstantial evidence** is being stretched to absurdity, and highlight how this reasoning risks turning ordinary adult sexual behaviour especially where alcohol is involved into a legal minefield.

From Vegas blackout marriages to the realities of human behaviour after a few drinks, Joseph and Alper argue this ruling is **“ripe for abuse”** and dangerously divorced from common sense. With plenty of dark humour, legal nuance, and a few F-bombs, they lay the groundwork for a much deeper doctrinal analysis in Part Two of this “Consent Trilogy.” If you care about due process, evidentiary standards, and the future of sexual assault law in Canada, this is a must-listen.
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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#190 | Redefining Consent: Did the Supreme Court Turn Every Drunk Hookup into Sexual Assault?

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In Episode 191 of Not on Record, criminal lawyers Diana Davison and Daniel Brown dive deep into the controversial new Supreme Court of Canada decision R v Rioux, 2025 SCC 34 – a case that has defence lawyers, accused persons, and the public extremely worried.

The Joseph and Diana dissect the Court’s ruling on sexual-assault complaints involving memory blackouts, alleged (but unproven and uncharged) drugging, and how much weight a complainant’s “feelings,” assumptions, and post-event beliefs should carry when she has little or no memory of the incident itself. They highlight the decision’s many “lemons” – troubling language that appears to downgrade the accused’s ability to give direct evidence of consent, over-emphasizes circumstantial evidence from complainants, and risks lowering the bar for proving incapacity. At the same time, they squeeze out a few drops of “lemonade” – paragraphs that actually reinforce that consent remains subjective, credibility is still key, and every case turns on its own specific facts and live issues.

A must-listen episode for anyone following #MeToo-era sexual assault law in Canada, the limits of circumstantial evidence, and the ongoing battle over fairness for the accused.

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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#191 | “I Only Had Two Drinks” - Canada’s Wild New Sexual Assault Rule

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In Episode 192, we dissect the powerful new Ontario acquittal R v J.A., 2025 ONSC 4531: an 18-year-old boy is accused of assaulting his 17-year-old girlfriend after prom, only for him to discover (by guessing her password) that she was cheating; what follows is an explosive, toxic text-message war with hundreds of messages, repeated “you r*ped me” accusations, vague apologies, and almost no explicit denials; the Crown insisted his silence and equivocal replies amounted to adoptive admissions of guilt, but Justice Bordin delivers a masterclass ruling that explains why rapid-fire teenage texting cannot be read in isolation, why overlapping messages and missing context destroy tone, why Snapchat’s auto-delete feature is a nightmare for justice, how phone calls and in-person talks still matter, and why the entire relationship dynamic (including motive to fabricate) must be considered before treating silence as guilt; this is required reading for anyone facing text-heavy sexual assault charges and a stark reminder that disappearing messages and cherry-picked screenshots can turn innocent people into convicted ones.

EP#192 | Never Use Snapchat If You’re Dating; This Case Will Terrify You

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In Episode 193 of Not On Record, the team dives deep into the controversial resurfaced clips of popular Twitch IRL streamer Nina Lin (2–3M followers), where she and another female streamer engage in highly sexualized “pranks” on male colleagues and strangers—including twerking on an unwilling assistant and slapping a man’s buttocks during a massage—sparking accusations of sexual assault. The hosts explore the glaring double standard: why a male streamer doing the exact same thing would be instantly canceled, de-platformed, and possibly charged, while Nina received only short bans and mocked the backlash. A raw, unfiltered conversation about consent, weaponized allegations, male victims, puritanical overreach, and whether “just a prank” content has finally crossed the line in 2025’s hyper-sensitive climate.

Nina Lin videos - https://www.youtube.com/shorts/wyUhfIa-6bE
https://www.reddit.com/r/LivestreamFail/comments/1oisvvw/disguisedtoast_opens_up_about_his_situation_with/
https://arazu.io/t3_1orhucq/?timeframe=all&category=hot

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Rumble: https://rumble.com/c/c-842207 
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. 
Produced by Possibly Correct Media www.PossiblyCorrect.com

EP#193 | Twitch Streamer Caught Groping Assistant - If a Man Did This, Would He Be in Prison?

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## Episode Description

In Episode 194 of Not on Record, seasoned Canadian criminal defense lawyers Joseph Neuberger and Michael Lacy dive deep into the realities of jury trials in Canada. Sparked by a recent National Post article exploring the inner workings of juries, they debate whether they'd choose a jury or a judge-alone trial if charged with a serious offense. The discussion covers the impact of the 2019 abolition of peremptory challenges, the challenges of selecting an impartial jury in today's polarized climate, the importance of storytelling and engagement in jury addresses, cultural shifts affecting civic duty and bias, and why many defense lawyers now lean toward bench trials especially in sexual assault cases. With candid insights from decades of trial experience, dog interruptions, and a call to restore peremptory challenges, this episode is a raw look at the strengths, flaws, and uncertainties of Canada's jury system.

EP#194 | Jury or Judge Alone? Criminal Lawyers Reveal What They'd Pick (You Won't Believe It)

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In Episode 195, the hosts examine Bill C-16, the federal government’s latest omnibus criminal-law reform, and why it could significantly reshape Canada’s justice system. The discussion focuses on the proposed criminalization of coercive or controlling conduct in intimate relationships, the introduction of the term femicide”into the Criminal Code, and the automatic elevation of certain intimate-partner killings to first-degree murder. The episode also explores changes to criminal harassment, testimonial aids, AI-generated intimate images, sentencing discretion, and delay analysis under Jordan, raising serious concerns about evidentiary standards, constitutional rights, and the risk of abuse in high-conflict cases. Throughout, the hosts argue that while some reforms are well-intentioned, others may undermine due process, complicate trials, and invite years of constitutional litigation.

EP#195 | Your Rights at Risk? A Lawyer’s Warning on Bill C-16

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.

Popular tracks by Not On Record Podcast