Not On Record Podcast

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Episode 164 of Not on Record delves into the complexities of consent in law, addressing a listener's question about recording consent for protection. The hosts clarify that consent isn't as simple as "yes means yes, no means no," and discuss factors that can negate consent. Referencing the seminal case of R v. Ewanchuk, they highlight that consent must be communicated at the time of each sexual act and is subjective to the complainant's state of mind. The discussion touches on the burden of proof in sexual assault cases, the role of the accused's belief in consent, and the ongoing debate around enthusiastic consent. They also examine the JC case, where a judge's disbelief in the accused's account of actively seeking consent at every stage led to a conviction, later overturned due to the judge's flawed assumptions about human behaviour.

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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

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Joseph, Diana, and Michael discuss bail reform, particularly focusing on a Conservative Party proposal to create a new offense for assault of an intimate partner with stricter bail conditions. The discussion highlights concerns that such legislation could be exploited in high-conflict divorces, leading to false accusations and wrongful convictions. They point out the potential for abuse within family court, including limited access to children and job loss, and share anecdotal evidence of the devastating impact of false accusations.

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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

Episode 162 of the Not on Record podcast, hosted by Joseph and Michael, delves into a nuanced legal discussion surrounding the admissibility of sexting and digital sexual communications in determining sexual consent. The episode begins with a lighthearted conversation about watches, particularly the 1983 Seiko ultra-thin quartz, before transitioning into an intense debate about academic perspectives and case law. The hosts analyze Professor Elaine Craig's unpublished article from the Dalhousie Law Journal, which argues against the reliability of sexting to infer sexual intention or consent. They discuss two key cases—Reimer and MA—with emphasis on Justice Pachaco’s ruling in Reimer, which supports the relevance of prior sexual communications in assessing consent during alleged incidents. Joseph and Michael critique Craig’s position, highlighting her argument that digital sexual communications often lack reliability due to their stylized and performative nature. The podcast balances legal analysis with personal commentary, offering insights into the complexities of interpreting consent in the digital age while maintaining a dynamic and engaging tone throughout.

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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

#Podcast #law #MeToo

In Episode 161 of Not on Record, Diana and Joseph dissect a recent sexual assault case where their client was acquitted due to critical inconsistencies in the complainant's testimony, which was undermined by dash cam footage and phone records. The complainant alleged a 12-minute assault, choking, and forcible confinement at her workplace, but the defense presented dash cam evidence showing the accused being waved into the office, another person entering during the alleged assault, and the accused leaving within a timeframe that contradicted her account; additionally, a five-minute phone call she made to her father during the alleged assault further weakened her timeline. Confronted with this evidence during cross-examination, the complainant was forced to admit details she previously denied, leading the defense to argue that the allegations were fabricated to preempt a racial discrimination complaint filed against her, and ultimately leading the judge to deem her testimony unbelievable and acquit the defendant.

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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

#Podcast #law #MeToo

This episode is sponsored by EasyDNS. https://easydns.com/notonrecord

In episode 160 of Not On Record, Joseph and Michael provide a comprehensive discussion on human trafficking laws, global trends, and an update on the Andrew Tate case. They begin by outlining Canada’s strict anti-trafficking legislation, which includes severe penalties for offenses such as trafficking in persons, exploiting minors, and withholding identity documents. They also explore the global prevalence of human trafficking, noting that sexual exploitation accounts for 79% of cases, followed by forced labor at 18%, with women disproportionately represented as both victims and perpetrators. The hosts then shift to the Andrew Tate case, detailing allegations against Tate and his brother for forming an organized criminal group to traffic women across multiple countries. Despite an indictment in Romania in 2023, a higher court ruled it insufficient for trial, sending it back for review. The brothers remain free under conditions similar to bail while the case develops. Joseph and Michael emphasize the seriousness of trafficking while refraining from speculating on the veracity of the charges, noting how Tate’s controversial public persona may complicate his defense.

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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

In this episode of Not on Record, hosts Josephn and Diana discuss a recent Ontario Court of Appeal case that addresses concerns about expert evidence in sexual assault trials. They explore the admissibility of expert testimony on the neurobiology of trauma and its effects on memory, highlighting potential issues with such evidence. The hosts examine the legal framework for admitting expert evidence, including the Mohan test and subsequent case law. They emphasize the importance of scrutinizing expert testimony to prevent wrongful convictions and distinguish between hard and soft sciences in expert evidence.

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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

In episode 158 of Not On Record, Joseph and Diana delve into the complex legal landscape surrounding BDSM and bodily harm, spotlighting a recent case, R. v. Pearson (2025 ONSC 435), from the Ontario Superior Court. The episode begins by revisiting the recurring theme of consent and legality in BDSM practices, spurred by the mainstream influence of works like Fifty Shades of Grey. They outline five key legal takeaways: advanced consent via contracts is not legally binding, consent to bodily harm is invalid, agreements like "no means yes" are impermissible, participants must know who is involved to consent, and judges ultimately determine consent boundaries—often with a conservative bent. The discussion pivots to the Pearson case, where extreme BDSM acts like caning, stapling, and choking were examined, alongside a contested incident involving a baseball bat. The hosts highlight how defense lawyer Jordan Gold effectively leveraged expert testimony to challenge existing laws, prompting a judicial postscript urging reconsideration of whether BDSM-related bodily harm should remain categorically non-consentable.

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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

In this episode, Joseph and Diana share a top 10 list for giving good testimony, advising witnesses to present themselves as eager and credible by maintaining good demeanor, listening carefully, and answering questions directly. They emphasize the importance of making admissions against one's own interests to build trust, and balancing emotional expression without overreacting. Avoiding speculation, focusing on personal knowledge, and refraining from putting one's character on trial are also key to delivering effective testimony, whether in direct examination or under cross-examination.

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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

YouTube - https://youtu.be/J17DorkRwqY

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.

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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

YouTube - https://youtu.be/lzNbyvjkMZ4

Criminal Defence LawyersJoseph 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.

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

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