EP#214 | Reliability vs Credibility
From Not On Record Podcast by Possibly Correct Media
June 1, 2026 · 25 min
About this episode
The episode discusses the Ontario Court of Appeal decision R. v. C.P. and the implications of mental illness on witness reliability and credibility in criminal trials.
**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 214 of *Not On Record*, criminal defence lawyer Joseph Neuberger and Diana Davison examine the important Ontario Court of Appeal decision R. v. C.P., 2026 ONCA 333 and discuss how mental illness can properly factor into assessing witness reliability and credibility in criminal trials. The case involved allegations of sexual assault against a biological father and raised complex questions about a complainant who had a documented history of hallucinations, delusions, medication non-compliance, and street drug use during the period of the alleged offences. The Court of Appeal was asked to determine whether the trial judge improperly relied on myths and stereotypes about mental illness when acquitting the accused. Joseph and Diana explain the critical legal distinction between credibility and reliability, why mental illness alone cannot be used to discount a witness’s evidence, and when case-specific evidence of hallucinations, delusions, panic attacks, psychiatric symptoms, or medication issues may legitimately…
People in this episode
Guests: Joseph Neuberger, Diana Davison
Topics covered
- witness reliability
- credibility
- mental illness
- criminal trials
- legal distinction
- evidentiary foundation
Keywords
- mental illness
- witness reliability
- credibility
- criminal law
- Ontario Court of Appeal
- sexual assault
- evidentiary issues
Sponsors
EasyDNS
Mentioned in this episode
Books & works: R. v. C.P., 2026 ONCA 333
More episodes of Not On Record Podcast
- EP#215 | She Read the Affidavit. Then Her Story Changed · June 8, 2026 · 31 min
- EP#213 | CAN WORDS BE ABUSE? · May 25, 2026 · 44 min
- EP#212 | Can Dreams Convict? · May 18, 2026 · 41 min
- EP#211 | She Found The Lie · May 11, 2026 · 45 min
- EP#210 | NON-VERBAL CONSENT · May 4, 2026 · 27 min
- EP#209 | When the Accuser Is the Stalker: Inside a Shocking Court Case · April 28, 2026 · 32 min
Explore listener stats, chart rankings, contacts and more on the Not On Record Podcast podcast page.