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In this episode, Diana and Joseph tackle the growing problem of complainant counsel overstepping their legislated role in Canadian sexual assault pretrial motions. Using a recent case as a springboard carefully discussed without breaching publication bans they break down how legislative amendments since 2018, upheld in R. v. J.J., have created room for complainant counsel to make arguments that go beyond protecting privacy interests. They highlight troubling examples: offering speculative interpretations of evidence, advancing generalized “myth” arguments to exclude defence material, and even influencing Crown cross-examinations despite having no standing to do so. The discussion covers case law like Kinnamore and Seaboyer, the dangers of allowing reverse myth reasoning, and the need for clear, national guidelines to restrict complainant counsel to their intended scope. This candid conversation blends legal analysis, war stories from the courtroom, and a call for judicial intervention to preserve fairness in sexual assault trials.
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
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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
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#Podcast #law #MeToo
Despite concerns and criticisms, the Canadian justice system is functioning properly, particularly in cases like the Hockey Canada trial, and that it is essential to respect the rule of law and not undermine the system's credibility Questions to inspire discussion Legal Process and Evidence 🧑⚖️ Q: How did the judge approach the consent videos in the trial? A: The judge assessed the credibility and reliability of the consent videos to determine their weight as evidence, rather than automatically excluding them. 📊 Q: What role did surveillance videos play in the case? A: Surveillance videos undermined the complainant's testimony by...
Criminal Defence Lawyer Joseph Neuberger and 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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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
Produced by Benjamin Dichter & Max Silverberg
#notonrecord #law #lawyers
Parental alienation in high-conflict divorces can have severe and long-lasting effects on children, and it is often driven by manipulative behavior, with complex issues such as domestic violence and custody battles requiring a balanced and nuanced approach Questions to inspire discussion Recognizing Parental Alienation 🚩 Q: What are the key signs of parental alienation? A: Look for sudden changes in a child's relationship with one parent, including going from a great relationship to not missing them at all in a short period (e.g., 1.5 years), and watch for signs of false memories, manipulation, and coercion being used to turn...
Several dating stories are shared where women make false accusations and manipulate men, with the cases ultimately being disputed and discredited due to inconsistencies and evidence Questions to inspire discussion Legal Strategy 🧠 Q: How can inconsistencies in a complainant's statements be used in defense? A: Highlight discrepancies between the complainant's initial statement and later testimony, such as claiming to be "catatonic" in court after initially stating alcohol didn't affect her. 🤔 Q: What's the significance of a complainant's interactions with friends before an alleged incident? A: Emphasize the complainant's ability to have a "full-on conversation" with a friend and...
