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January set the tone for 2026 with some of the most consequential and forward-looking conversations yet on Not On Record. From sweeping federal criminal-law reforms to the dangers of misreading post-allegation behaviour, and a deep dive into why sentencing is never as simple as headlines suggest, this month’s episodes tackled the pressures reshaping Canadian criminal justice right now.
If you missed any of January’s discussions, here’s a full recap.
This episode examines Bill C-16, the federal government’s omnibus criminal-law reform, and why it could significantly alter the landscape of Canadian justice. The hosts unpack proposals to criminalize coercive or controlling conduct in intimate relationships, introduce “femicide” into the Criminal Code, and automatically elevate certain intimate-partner killings to first-degree murder.
They also explore proposed changes affecting criminal harassment, testimonial aids, AI-generated intimate images, sentencing discretion, and delay analysis under Jordan. While acknowledging the policy goals behind the reforms, the discussion raises serious concerns about evidentiary standards, constitutional rights, and the risk of misuse in high-conflict cases, warning that some provisions may invite years of constitutional litigation.
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This episode takes on one of the most misunderstood areas of criminal law: post-offence conduct. The panel examines how apologies, emotional reactions, ambiguous texts, or religious language can be misinterpreted as “consciousness of guilt” if courts fail to rigorously test alternative explanations.
Drawing on three recent decisions, Townsend (2025 BCCA 459), JA (2025 ONSC 4531), and PG (2025 ONSC 7018), the hosts show how volatile reactions, chaotic messaging, and moral self-reflection can be wrongly elevated to proof beyond a reasonable doubt. The through-line is clear: without careful context, post-allegation behaviour becomes a dangerous shortcut to wrongful inferences.
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Public outrage over “lenient” sentences often ignores how sentencing actually works. This episode breaks down the sentencing process from start to finish, including when it occurs, how it differs after a guilty plea versus after trial, and why the reading-in of facts can dramatically change outcomes.
The discussion walks through s.718 of the Criminal Code, explaining the purpose of sentencing, its six objectives, the overriding principle of proportionality, and additional principles like parity, totality, restraint, and individualized outcomes. The episode closes with a practical look at ancillary orders, from DNA and weapons prohibitions to no-contact terms and victim fine surcharges, underscoring why sentencing is never a simple formula.
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Since 1993, Neuberger & Partners has stood beside individuals facing criminal charges. With more than six decades of combined experience, our team is committed to defending due process, protecting constitutional rights, and delivering strategic, principled advocacy at every stage of the criminal process.
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