Not On Record Podcast

Sponsored by EasyDNS

https://easydns.com/NotOnRecord

## 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.

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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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SoundCloud: https://soundcloud.com/notonrecord

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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

Sponsored by EasyDNS

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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.

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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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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

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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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

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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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

Sponsored by EasyDNS

https://easydns.com/NotOnRecord

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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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

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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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

Sponsored by EasyDNS

https://easydns.com/NotOnRecord

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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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

Sponsored by EasyDNS

https://easydns.com/NotOnRecord

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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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