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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.
🔹Short Description:
🏒 Can the Crown use texts a complainant hands to police without a warrant? We break down R v Dhaliwal (2025), revisit Marakah, Reeves, and Lampert, and debate Section 8 privacy, seizures, and 24(2) exclusion in the age of digital evidence.
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Sponsored by EasyDNS https://easydns.com/NotOnRecord
Joseph, Michael and Diana discuss the meaty legal breakdown of His Majesty the King v. J.W., 2025 ONCA 637. They unpack how the Ontario Court of Appeal treats myths and stereotypes in sexual-assault cases, especially delay in reporting and continued association, what’s permissible to argue, and how to ground inferences without crossing into prohibited reasoning. Expect a practical tour of jury charges, prior consistent statements (and their limits), strategic tips for defence counsel, and why careful, collaborative charge-crafting matters on appeal.
R. v. J.W., 2025 ONCA 637 - https://canlii.ca/t/kfdtw
Sponsored by EasyDNS https://easydns.com/NotOnRecord Joseph, Michael and Diana discuss the meaty legal breakdown of His Majesty the King v. J.W., 2025 ONCA 637. They unpack how the Ontario Court of Appeal treats myths and stereotypes in sexual-assault cases, especially delay in reporting and continued association, what’s permissible to argue, and how to ground inferences without crossing into prohibited reasoning. Expect a practical tour of jury charges, prior consistent statements (and their limits), strategic tips for defence counsel, and why careful, collaborative charge-crafting matters on appeal. R. v. J.W., 2025 ONCA 637 - https://canlii.ca/t/kfdtw 🔹Short Description: 🏒Pop culture to case law: Episode 185 breaks down ONCA 2025 J.W. delay in reporting, continued association, jury instructions, and prior consistent statements. ⚖📢🎙 📝Meta Description: Discover Episode 185 of Not On Record: We dissect ONCA’s 2025 J.W. decision—myths/stereotypes, timing of ...
