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November delivered some of the most intense episodes we’ve ever released on Not on Record. From landmark Supreme Court rulings to a digital-evidence acquittal every lawyer should study, our hosts tackled the decisions reshaping sentencing, consent, capacity, and how courts interpret what teens say, and don’t say, online. Catch up on every episode you may have missed.
See all the November episodes below.
This episode breaks down Senville, the Supreme Court ruling that struck down a mandatory minimum sentence for child-pornography offences. Joseph and Alper explain why Section 12 matters, how reasonable hypotheticals work, and why judicial discretion protects fairness. They also debunk misconceptions about Friesen and sentencing trends.
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Joseph and Alper deliver their first reactions to Rioux, a 5–4 decision that reframes capacity, blackouts, and memory loss. They dissect the majority’s logic, the risks of relying on assumptions instead of memories, and how this approach could criminalize ordinary adult behaviour involving alcohol.
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Diana and Daniel break down Rioux from a fresh angle, examining blackout-based complaints, unproven drugging theories, and the growing weight given to a complainant’s beliefs over actual memory. They highlight the ruling’s risks—and the few bright spots—for fairness in sexual-assault law today.
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This episode unpacks R v J.A., an Ontario acquittal showing why teenage texting and Snapchat are disasters in court. Diana and Joseph explain how overlapping messages, deleted snaps, and relationship dynamics make “silence equals guilt” dangerously wrong—and how judges should analyze digital evidence.
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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 dedicated to upholding due process and safeguarding rights. Every case is met with careful strategy, meticulous advocacy, and unwavering focus on securing the best possible outcome. No matter how serious or complex the allegations, we’re here to defend your future.
Need an expert criminal defence? Call us at 416-364-3111 or contact us here.
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