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## 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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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.
EP#181 | Self Defence Laws: Canada vs. The United States
Not On Record Podcast
40 minutes 28 seconds
4 months ago
EP#181 | Self Defence Laws: Canada vs. The United States
Sponsored by EasyDNS
https://easydns.com/NotOnRecord
πΉShort Description:
π EP#181 Joseph and Alper Yulmaz contrast Canadaβs self-defence (s.34) with U.S. castle doctrineβno duty to retreat, proportionality/necessity, and the modified objective test for homeowners. βοΈπ’ποΈ
πMeta Description:
π’ In EP#181 Not On Record explains Canadaβs self-defence s.34 vs U.S. castle doctrineβno duty to retreat, proportionality, stand-your-ground myths, and how courts assess reasonableness. π§π§ββοΈπ
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Sponsored by EasyDNS https://easydns.com/NotOnRecord
In this episode Joseph walks through Canadaβs self-defence law (Criminal Code s.34) and contrasts it with U.S. βcastle doctrineβ and stand-your-ground frameworks. With articling student Alper Yulmaz joining, they unpack proportionality and necessity, why Canada has no duty to retreat yet still weighs available options, and how courts apply a modified subjective objective test, considering the accusedβs size, experience, trauma history, and the context inside a home. Recent tragedies and high-profile charges are discussed without trial-by-media, along with Supreme Court guidance (e.g., Hodgson, Khill), to show that Canadian law is broader and more flexible than many think; designed to protect homeowners while avoiding blanket presumptions that can produce unjust outcomes.
R. v. Hodgson, 2024 SCC 25 - https://www.canlii.org/en/ca/scc/doc/2024/2024canlii11123/2024canlii11123.html?resultId=faf026722dfb4b3a9e3dc803930bbd9b&searchId=2025-09-07T08:08:30:114/750c412190cc49eba6030d6a4fba89fa
R. v. Khill, 2021 SCC 37 (CanLII), [2021] 2 SCR 948 - https://www.canlii.org/en/ca/scc/doc/2021/2021scc37/2021scc37.html?resultId=106af67b2fdf4afd82ff35a092a71ebc&searchId=2025-09-07T08:11:40:226/e117a95adc244d88b9ab89e6f5053778
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.
