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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.
Can police use text messages that a complainant voluntarily hands over without a warrant? Joseph, Michael and Alper walk through the fresh R v Dhaliwal (Oct 8, 2025) decision, recap the Supreme Court’s R v Marakah (2017) framework on privacy in digital messages, and contrast R v Reeves (2018) and Lampert (2023 ONCA) on third-party devices and shared control. They unpack Section 8’s “search” vs “seizure,” how passive police collection can still breach the Charter, and why 24(2) good-faith analysis often keeps the evidence in. The crew hash out when a warrant should be mandatory, the dangers of cherry-picked screenshots, and how AI-era fakery raises the stakes for authenticity and expert evidence.
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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
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.
