About this episode
In this episode, the hosts discuss a Court of Appeal decision on non-verbal consent and its implications in Canadian sexual assault law.
Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord In Episode 210 of Not On Record, Joseph Neuberger and Diana Davison break down R. v. J.H.C., 2026 ONCA 285, a Court of Appeal decision dealing with communicated consent, non-verbal consent, Crown appeals, adverse inferences, and what happens when a key witness is not called at trial. The discussion explores why consent in Canadian sexual assault law does not require verbal permission at every step, how judges assess credibility under the W.D. framework, and why gaps in the Crown’s evidence can matter without becoming an improper adverse inference. This episode is essential viewing for criminal defence lawyers, legal professionals, law students, and anyone interested in courtroom strategy, false accusations, sexual assault trials, evidentiary burdens, and how appellate courts review acquittals. Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok…
People in this episode
Hosts: Joseph Neuberger, Diana Davison
Topics covered
- non-verbal consent
- Canadian sexual assault law
- courtroom strategy
- Crown appeals
- credibility assessment
- evidentiary burdens
Keywords
- non-verbal consent
- sexual assault trials
- Crown appeals
- adverse inferences
- courtroom strategy
- credibility assessment
Sponsors
EasyDNS
Mentioned in this episode
Books & works: R. v. J.H.C., 2026 ONCA 285
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