Not On Record REWIND | When Children Are Told What to Remember

In this Not On Record REWIND, Joseph Neuberger and Diana Davison revisit two extraordinary acquittals that highlight the importance of credibility, reliability, and the presumption of innocence in Canadian criminal courts. The discussion examines a high-conflict family law dispute involving allegations of parental alienation, implanted memories, and nine criminal charges that resulted in complete acquittals. They also analyze a separate sexual assault case where the trial judge went beyond reasonable doubt and expressly rejected the complainant’s testimony while accepting the accused’s evidence. The episode explores why criminal trials exist to determine guilt beyond a reasonable doubt, not to vindicate allegations, and discusses growing concerns over false accusations, specialized courts, and the need for rigorous academic research into wrongful allegations.