EP#215 | She Read the Affidavit. Then Her Story Changed

About this episode

The episode discusses the implications of a complainant altering their testimony after reading a defense affidavit in a trial context.

**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 215 of *Not On Record*, Joseph Neuberger and Diana Davison examine a troubling trial issue: what happens when a complainant appears to tailor their testimony after reading the defence affidavit in a pre-trial application? The discussion focuses on Section 276 and 278 applications, reverse disclosure concerns, R v JJ, credibility, reliability, and whether cross-examination is enough to protect trial fairness when key details appear for the first time in examination-in-chief. This episode explores the growing tension between complainant participation rights and an accused person’s right to make full answer and defence.

People in this episode

Hosts: Joseph Neuberger, Diana Davison

Topics covered

• trial fairness
• complainant testimony
• cross-examination
• Section 276
• Section 278
• reverse disclosure
• credibility and reliability

Keywords

• testimony
• affidavit
• trial
• complainant rights
• defense
• cross-examination
• credibility
• reliability

Sponsors

EasyDNS

Mentioned in this episode

Books & works: R v JJ

Places: Canada

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• 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