Not Reserving Judgment (Canadian Constitution Foundation)

On Episode 2 of Not Reserving Judgment, we discuss whether the Greenbelt scandal is a scandal, explain judicial reforms that could turn Israel into a Canada-style backwater, and ask if it would be kosher to ban a political party before it bans you.

Not Reserving Judgment is a podcast hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn brought to you by the Canadian Constitution Foundation.

On Episode 3 of Not Reserving Judgment, we discuss whether a hidden camera can turn consensual sex into sexual assault, ask whether wildfire travel bans went too far, and get into the debate over whether provinces can require parental consent before schools socially transition children.

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 4 of Not Reserving Judgment, we discuss the legality of forcing repeat violent offenders into treatment, explain why a proposal to criminalize residential school "denialism" is a grave threat to free expression, and talk about whether it's OK for wannabe judges to attend partisan fundraisers.

Stories discussed in this week's episode:

• Man guilty of TTC assaults a ‘danger to the public’ without antipsychotic treatment, judge finds (Toronto Star)
• High-level judges may have paid to meet Trudeau before their appointments (National Post)
• Special interlocutor hopeful new Justice Minister will act to address residential school denialism (Globe and Mail)
• Howard Anglin: A return to order: Canada is crumbling—And our leaders’ solutions are delusionally wrong (The Hub)
• 12-Year-Old Boy Removed From School Over 'Don't Tread on Me' Patch (Reason)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 5 of Not Reserving Judgment, we discuss the criminal case against Freedom Convoy participants Tamara Lich and Chris Barber, explain why Wasaga Beach's new "car rally" bylaw goes too far, and talk about Denmark's worrying response to Quran burnings, which are protected speech.

Stories and cases discussed in this week's episode:

• Denmark plans jail term for burning Quran in public (BBC)
• Burning the Quran is offensive. Banning it rewards violent threats. (Washington Post)
• Boucher v. the King (Supreme Court of Canada)
• Trial for convoy leaders Lich and Barber starts with police witness (CBC)
• Town Granted an Injunction by Ontario Superior Court of Justice to Address Planned Illegal Car Rally (Wasaga Beach)
• City of Edmonton faces legal action for homeless encampment evictions (Calgary Herald)
• The Regional Municipality of Waterloo v. Persons Unknown (CanLII)
• Tanudjaja v. Canada (CanLII)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 6 of Not Reserving Judgment, we discuss whether it was right to criminally charge parents who participated in a 'mini convoy' protest in Newfoundland, talk about whether the Conservative Party's policy resolutions make sense, and rip on the Governor General for not understanding her job.

Stories and cases discussed in this week's episode:

• 2 charged with harassment and causing a disturbance after protest at N.L. premier's home (CBC)
• Conservatives to debate several ‘anti-woke’ policy resolutions at convention (True North)
• Pablo Rodriguez discusses Bill C-18 (Andrew Lawton)
• Bracken v. Fort Erie (Town), 2017 ONCA 668 (CanLII)
• Mary Simon's speech to National Gathering on Unmarked Burials (GG.ca)
• Mary Simon wins Teddy award for spending nearly $100,000 on airplane meals (Taxpayer.com)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 7 of Not Reserving Judgment, we discuss Waterloo Region's plan to ticket people for saying mean words, we walk you through what happened at last week's Million March for Children protests and counter-protests, and we update you on the latest in the college of physicians' disciplinary proceedings against lockdown and vaccine critic Dr. Kulvinder Kaur.

Stories and cases discussed in this week's episode:

• CPSO drops disciplinary proceedings against Ontario physician for opposing harmful Covid policies (Democracy Fund)
•  New anti-hate street harassment bylaw in Waterloo Region counters hate and racism (Waterloo Region Record)
• The Complexities of Protest and Intolerance: Unraveling the 1 Million March 4 Children (Crier Media)
• CCF appealing result in legal challenge to BC vaccine passports (CCF)
• Rumble rejects MP's 'disturbing' letter over Russell Brand income (BBC)
• Caryma S'ad's tweets (@CarymaRules on X)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 8 of Not Reserving Judgment, we explain how C-11, the new online streaming law, impacts free expression by regulating podcasts, YouTube videos (and, yes, pornography); we walk you through a disappointing decision that overturned a judge who wanted to hear evidence of the safety and efficacy of COVID-19 vaccines before mandating them against a parent's wishes; and we share our thoughts on Saskatchewan Premier Scott Moe's decision to use the notwithstanding clause.

Stories and cases discussed in this week's episode:

• Court overturns GTA judge’s COVID vaccine ruling, slamming use of ‘inflammatory rhetoric’ and ‘personal hypotheses’ (Toronto Star)
• J.N. v. C.G., 2022 ONSC 1198 (Canlii)
•  Jen Gerson: Do not comply (The Line)
• Broadcasting Regulatory Policy CRTC 2023-329 and Broadcasting Order CRTC 2023-330 (CRTC)
• CCF appealing result in legal challenge to BC vaccine passports (CCF)
• Edwards v Canada (Person's case) (Bailli)
• Tweet from MP Ryan Turnbull (X.com)
• Tweet alleging judicial overreach (X.com)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 9 of Not Reserving Judgment, we update you on the latest in the Ontario Greenbelt scandal including what it might mean for Premier Doug Ford; we explain why even repugnant protests like the pro-Hamas rally in Toronto are constitutionally protected; and we discuss whether it's really a human rights violation for your hairstylist to drop you due to your political views.

Stories and cases discussed in this week's episode:

• Ontario Greenbelt: Canada police probe Doug Ford land deal (BBC)
• Instagram post advertising pro-Hamas rally (Instagram)
• Tweet from Brad Bradford requesting Olivia Chow stop rally (X)
• Release from Toronto Police ahead of pro-Hamas and pro-Israel rallies (Toronto Police)
• Tweet from Michelle Lindsay about being dumped by her hairstylist (X)
• B.C. Human Rights Tribunal rules former Mountie was discriminated against by 3rd Port Alberni bar (CTV News)
• Tweets from TMU assistant professor of law Joshua Sealy-Harrington (X)
• Tweets from Osgoode assistant professor of law Heidi Matthews (X)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 10 of Not Reserving Judgment, we discuss how the Impact Assessment Act decision is a big win for Alberta; we explain why the Ontario legislature can censure MPP Sarah Jama despite her freedom of expression; and we update you on the travel ban challenge led by former Newfoundland Premier Brian Peckford and PPC Leader Maxime Bernier.

Stories and cases discussed in this week's episode:

• Reference re Impact Assessment Act (Supreme Court of Canada)
• Sarah Jama's statement on Israel (X.com)
• Censure motion regarding Sarah Jama (OLA)
• New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House) (SCC)
• Travel Vaccine Mandate Challengers in Court to Contest Previous Mootness Ruling (Epoch Times)
• CCF to appear in court TODAY in appeal of decision that found math test for teachers discriminatory (CCF)
• No, the Supreme Court ruling on federal environmental law is not good for business (Globe and Mail)
• Mélanie Jolie's post (X.com)
• François-Philippe Champagne's post (X.com)
• After Supreme Court’s decision, Ottawa must urgently refocus its climate policy (Globe and Mail)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 11 of Not Reserving Judgment, we talk about whether universities like TMU and York are infringing free speech by punishing students for their horrible opinions on Israel; we tell why a Saskatchewan cardiology clinic has left the public medicare system; and we discuss the Soviet-style ticketing of two men for having a private conversation on a Calgary train.

Stories and cases discussed in this week's episode:

• Two Calgary men charged for conversation on transit en route to 1 Million March 4 Children (Western Standard)
• York University may withdraw recognition of student unions over statements about Hamas attack (Globe and Mail)
• TDF defends the rights of transit users against anti-free speech transit bylaw (Democracy Fund)
• Community update: York’s response to three student unions’ harmful statement (YFile)
• Toronto Metropolitan University law students statement (X.com)
• TMU response to law students' letter (TMU)
• Cardiology clinic becomes first in Saskatchewan to opt out of public health care (Globe and Mail)
• Costa v Seneca College of Applied Arts and Technology, 2023 ONCA 673 (ONCA)
• Chaplain General Direction on Chaplain's Spiritual Reflection in Public Settings (Canada.ca)
• Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16 (SCC)
• Michael Spratt tweet (X.com)
• Nova Scotia offering 50 prizes worth $1,000 each for the best health-care ideas (CTV)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 12 of Not Reserving Judgment, we walk you through a new federal court decision that upheld the Trudeau government’s so-called "military-style assault weapons ban"; we tell you about a new study that found vaccine passports did little to increase uptake of vaccines; and we discuss whether government officials violate free speech when they block constituents on social media.

Stories and cases discussed in this week's episode:

• Justices weigh rules for when public officials can block critics on social media (SCOTUS Blog)
• Lindke v Freed transcripts (SCOTUS)
• O'Connor-Ratcliff v Garnier transcripts (SCOTUS)
• Parker v Canada (Attorney General) (Federal Court)
• Impact of a vaccine passport on first-dose SARS-CoV-2 vaccine coverage by age and area-level social determinants of health in the Canadian provinces of Quebec and Ontario: an interrupted time series analysis (CMAJ Open)
• Pam Palmater testimony to Senate committee claiming Indigenous people have right to bear arms (X.com)
• R v Hasselwander (CanLII)
• R v Montague (CanLII)
• Can We Really Inject Our Way Out of This Pandemic? (C2C Journal)
• Amir Attaran's tweet on why Holocaust education is discriminatory (X.com)
• Rome Statute of the International Criminal Court (ICC)
• Joshua Sealy-Harrington's tweet on genocide (X.com)
• Pandemic Panic: How Canadian Government Responses to Covid 19 Changed Civil Liberties Forever (Amazon.ca)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 13 of Not Reserving Judgment, we discuss a new Supreme Court decision that found some mandatory minimum sentences for child luring are cruel and unusual punishment; we tell you what we know about Justin Trudeau's latest Supreme Court pick, Justice Mary Moreau; and we talk about a series of human rights complaints that allege CUPE has discriminated against its Jewish members.

Stories and cases discussed in this week's episode:

• 'Alienated, isolated and alone': Jewish union members launch human rights claim against CUPE (CTV Toronto)
•  Trudeau confirms appointment of Alberta judge Mary Moreau to Supreme Court of Canada (Toronto Star)
• ‘I consider her a fighter’: Supreme Court pick Mary Moreau hailed as a voice for minority rights (Globe and Mail)
•  Supreme Court rules mandatory minimum sentences for child luring are unconstitutional (Toronto Star)
• R v Bertrand Marchand (SCC)
• Experts mull whether Section 28 of Charter could impact Sask. Parents' Rights law (Regina Leader-Post)
• They’re All Interpretative: Towards a Consistent Approach to ss 25-31 of the Charter by Gerard Kennedy (SSRN)
• Letter from Canadian lawyers and law students on contextualizing Hamas' attack (X.com)
• Nora Loretto post on CUPE lawsuit (X.com)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 14 of Not Reserving Judgment, we talk about why we haven't seen more hate speech charges following the explosion of vitriol at the past month's anti-Israel rallies; we discuss whether caste-based discrimination should be banned; we tell you about the curious case of a woman who says she was fired for calling her underlings "my humans"; we talk about Ontario MPP Sarah Jama's latest outrageous statement; and we share some breaking news about a case we're working on.

Stories and cases discussed in this week's episode:

• 'Questions raised after arrest of Calgary protester on hate-motivated disturbance charge (CBC)
• One man charged after weekend protest (Calgary Police)
•  Craquelures dans le postnationalisme de Justin! (La Presse)
• François Legault accuse le prédicateur Adil Charkaoui d’inciter à la haine (La Presse)
• Saskatchewan (Human Rights Commission) v. Whatcott (SCC)
• Calgary Mayor Jyoti Gondek statement on hate at rallies (X.com)
• Berlin criminalizes slogan 'From the River to the Sea, Palestine will be free' (i24 News)
• Independent Ontario MPP Sara Jama spreading misinformation (X.com)
• Are the pro-Hamas protests in violation of Canada’s hate speech and terrorism laws? Joe Adam George for Inside Policy (Macdonald-Laurier Institute)
• Union claims City of Saskatoon employee was wrongfully fired for gender-neutral language (Saskatoon Star-Phoenix)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 15 of Not Reserving Judgment, we talk about the Manning Report's recommendations to amend Alberta's laws to better protect rights in future emergencies; we applaud the Supreme Court for refusing to hear the appeal of four men stuck in Syria; and we explain why it was illegal for the federal government to ban single-use plastics like straws and bags on the basis of their "toxicity."

Stories and cases discussed in this week's episode:

• Public Health Emergencies Governance Review Panel final report (Alberta Government)
• Supreme Court won't hear case of four Canadian men detained in Syria (CBC)
• Environment and Climate Change Minister Steven Guilbeault on plastics ban (X.com)
• Responsible Plastic Use Coalition v. Canada (Federal Court)
• Legal group demands Edmonton revoke 'unconstitutional' media policy banning journalism on transit without permission (Edmonton Journal)
• Colby Cosh: Do drug addicts have a Charter right to shoot up in public parks? (National Post)
• News release announcing plan to challenge Bill 34 (Harm Reduction Nurses Association)
• Rachel Gilmore tweet on planned private prosecution for war crimes in Gaza (X.com)
• Call Christmas Colonial Bias (Blacklock's Reporter)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 16 of Not Reserving Judgment, we tell you about a Waterloo school board official who lost his bid to block teacher Carolyn Burjoski's defamation claim after he called her transphobic; we get into the discussion over Alberta's Sovereignty Act motion; and we tell you about an Ontario Court of Appeal decision that found requiring math tests for teachers is not racist.

Stories and cases discussed in this week's episode:

• Court victory for teacher silenced for transgender-book criticism (National Post)
• Alberta deploys sovereignty act, floats its own power corporation to defy federal clean-energy plan (Globe and Mail)
• Alberta Sovereignty Within A United Canada Act (Alberta Assembly)
• Ontario Court of Appeal agrees with CCF: Math tests for teachers weren’t racist (TheCCF.ca)
• Opinion: The Alberta Sovereignty Act appears to be constitutional (The Hub)
• Opinion: Alberta's Sovereignty Act is constitutional but it needs nuance (National Post)
• Despite objections, Kingston council passes community standards bylaw (Kingston Whig-Standard)
• Nunavut judge says driving bans 'inconvenience' Inuit hunters but don't violate hunting rights (CBC News)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

In this bonus episode, the Hon. Tony Clement interviews Joanna and Christine about their best-selling book 'Pandemic Panic.'

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 17 of Not Reserving Judgment, we explain the problems with the concept of "Charter values," which has been reaffirmed in a case about language rights in Northwest Territories; we tell you about Uber's lawsuit against the City of Toronto; and we discuss the Ottawa airport's crazy decision to take down a Metis ad.

Stories and cases discussed in this week's episode:

• Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31 (CanLii)
• Uber files legal challenge against Toronto driver cap in escalating battle (Global)
• Ottawa airport navigates signage, free speech dispute between Métis, Algonquins (Ottawa Citizen)
• Canada v. Boloh, 2023 FCA 120 (CanLii)
• Greater Vancouver Transportation Authority v. Canadian Federation of Students, [2009] 2 SCR 295 (CanLii)
• 'People are confused': Survey suggests Canadians need education on Charter rights (AM800)
• Ari Goldkind's Tweet (X.com)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 18 of Not Reserving Judgment, we explain why a new anti-pornography bill poses a risk to your rights; we examine the law on whether there's a right to protest in private spaces like shopping malls; and we discuss the sentence handed down for the man who defrauded the art world by creating fake Norval Morrisseaus.

Stories and cases discussed in this week's episode:

• Why a proposed bill aiming to prevent kids from accessing porn sites is raising privacy concerns (CBC News)
• The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law (MichaelGeist.ca)
• 'I'LL PUT YOU SIX FEET DEEP': Chaos ensues during anti-Zara rally at Eaton Centre (Toronto Sun)
• Harrison v. Carswell, 1975 CanLII 160 (SCC) (CanLii)
• R. v. Layton, 1986 CanLII 4717 (ON CJ) (CanLii)
• Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980) (Justia)
• Ottawa-Carleton District School Board Code of Conduct report (OCDSB)
• OCDSB Trustee Dr. Nili Kaplan-Myrth sanctioned for code of conduct violations (CTV News)
• Trespass to Property: Shopping Centres (Journal of Law and Social Policy)
• There Are No Fakes (TVO Today)
• Canada’s Beverley McLachlin resists calls to leave Hong Kong court ahead of Jimmy Lai trial (Globe and Mail)
• B.C. judge’s citation of ‘marital intimacy deficits’ in voyeur trial raises concerns (Globe and Mail)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 19 of Not Reserving Judgment, we tell you about the witch hunt against a Prince Edward Island village councillor who put up a controversial sign; we explain why the B.C. Supreme Court got it wrong by blocking a new law that bans hard drug use in places like parks; and we interview an expert on the Israeli Supreme Court's decision to block Prime Minister Netanyahu's reasonableness law.

Stories and cases discussed in this week's episode:

• Councillor must apologize and pay $500 fine or resign, says P.E.I. minister (CTV News)
• Statement regarding the Rural Municipality of Murray Harbour council (PEI)
• Harm Reduction Nurses Association v. British Columbia (Attorney General), 2023 BCSC 2290 (CanLii)
• Israel’s Supreme Court overturns a key component of Netanyahu’s polarizing judicial overhaul (Globe and Mail)
• Colby Cosh: Bill 34 suspension shows the slippery slope of B.C. harm reduction (National Post)
• Russell Shalev (X.com)
• Office of the Federal Housing Advocate (X.com)
• Paul Champ (X.com)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 20 of Not Reserving Judgment, Josh tells us about some thugs who threatened him and how police initially refused to help, and Christine explains why the Federal Court seems to have gotten it wrong by upholding the refusal of a Chinese student's study visa over espionage concerns.

Stories and cases discussed in this week's episode:

• Woman dead after Thunder Bay police don't respond to domestic disturbance call: SIU
• Vancouver police set to become highest-paid officers in Canada under tentative deal, union says
• Federal Court expands definition of espionage in decision to bar Chinese student from Canada
• Issue #119: January 7, 2024 of The Sunday Evening Administrative Review
• Li v. Canada (Citizenship and Immigration), 2023 FC 1753 (CanLII)
• Canadian Taxpayers Federation loses appeal of $6K fine over anti-carbon tax billboards
• Kelowna mayor and council disavow councillor's column opining on global and local politics
• Ron Cannan: My predictions for Kelowna, BC and the world in 2024

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 21 of Not Reserving Judgment, Josh asks whether B.C. police conducted unreasonable searches when they set up an elaborate plot to catch a killer using samples of tea, Joanna updates us on South Africa's weak case against Israel, and Christine explains her concerns around the incitement to hatred charges laid against a man holding a terrorist flag.

Stories and cases discussed in this week's episode:

• David Eby backs police who secretly took DNA from Kurds to solve murder of B.C. girl
• Canada has a moral obligation to support South Africa’s genocide case against Israel
• Joanna Baron: Accusing Israel of genocide is a gross distortion of the facts
• Toronto police chief reverses course, identifies 'terrorist flag' waved at demonstration
• Three men arrested at Avenue Road bridge after recent ban on demonstrations
• Land acknowledgement tweet from Mona Moftakhar
• Paul Champ tweet on Bill 21
• Is Canada ready to expand medical assistance in dying? Liberals will face that choice with deadline closing in

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 22 of Not Reserving Judgment, we focus in on our favourite parts of Justice Mosley's Federal Court of Canada decision that found the invocation of the Emergencies Act was unreasonable and that some of the orders made under it were unconstitutional.

Stories and cases discussed in this week's episode:

• Federal Court of Canada decision on Emergencies Act
• Not justified and unreasonable (Paul Wells)
• Federal Court finds Emergencies Act invocation violated rights, was unreasonable
• Christine Van Geyn: Emergencies Act was clearly unjustified — Liberals face steep path to appeal
• Joanna Baron: The Federal Court’s Emergencies Act decision is happy vindication for those who care about the Constitution

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 23, we discuss the new Nunavut Lands and Resources Devolution Agreement and whether B.C. is planning to give First Nations a veto over certain land use decisions, and we get into the details of a concerning new cybersecurity law that could lead to secret hearings and orders to cut off Internet access without due process. Plus, Bad Legal Takes from New York's mayor and climate change activists.

Stories and cases discussed in this week's episode:

• The devolution agreement: What exactly is Nunavut signing onto, anyway?
• Government of Canada, Government of Nunavut, and Nunavut Tunngavik Incorporated reach final agreement on the devolution of Nunavut
• Nunavut Lands and Resources Devolution Agreement
• Nunavut premier full of hope as deal with Ottawa is signed
• BC Government Consulting on New Law to Give Indigenous Groups Control over Crown Land Decisions
• Vaughn Palmer: B.C. NDP quietly consult on sweeping changes to managing public lands
• Bill C-26: An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts
• Youth-led challenge of Ontario's climate plan goes before province's highest court
• New York City mayor declares social media an 'environmental toxin'
• CCF Intervening today in Supreme Court case on whether Indigenous governments are subject to Charter scrutiny
• Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 24, we tell you about a Montreal police officer who says he was demoted for an anonymous $20 donation to the Freedom Convoy; we explain the Supreme Court decision that found Ontario Premier Doug Ford was not required to give CBC his mandate letters; and we tell you about Supreme Court Judge Malcolm Rowe's provocative speech at the Runnymede Society conference.

Stories and cases discussed in this week's episode:

• Windsor police officer appeals conviction for donating to Freedom Convoy
• Hub Exclusive: Supreme Court Justice Malcolm Rowe on postmodernism, democracy, and judicial overreach
•  Un cadre du SPVM s’estime lésé après un don au Convoi de la liberté
• Écarté pour un don au mouvement des camionneurs
• Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner)
• Supreme Court rules Premier Doug Ford's mandate letters to be kept secret
• Jennifer Koshan tweet
• Exploring the Link between Crime and Socio-Economic Status in Ottawa and Saskatoon: A Small-Area Geographical Analysis
• The Scourge of His Convictions (David Moscrop)
• Nora Loreto tweet

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 25, we explain why last week's Supreme Court decision on Indigenous child welfare preserves an important constitutional principle; we walk you through the Federal Court's feisty opinion declaring that cabinet is breaching a constitutional convention by not appointing enough judges; and we discuss our theories on why the Supreme Court is deciding so few cases these days.

Stories and cases discussed in this week's episode:

• Reference re An Act respecting First Nations, Inuit and Métis children, youth and families
• Two more provinces join in opposition to gun buyback program that 'unnecessarily targets lawful gun owners'
• Hameed v. Canada (Prime Minister) (Federal Court decision on judicial vacancies)
• Federal Court rules Ottawa failed constitutional duty to fill judicial vacancies
• SCC’s output fell to 34 judgments in 2023, renewing questions, concerns within the bar
• Judge overturns convictions of B.C. woman, accused of coughing on grocery worker
• Christine's tweet about the CBC Kids story on Emergencies Act decision
• Paul Champ's tweet criticizing the Ottawa Police Service

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 26, we tell you about the debate over whether the judge hearing the challenge to the Saskatchewan gender pronouns policy is allowed to make a declaration now that the notwithstanding clause has been invoked; we explain our application to intervene in the federal plastics appeal; and we tell you what we've heard about the upcoming "online harms" and hate speech bill.

Stories and cases discussed in this week's episode:

• Disinformation Law Is Dead
•  Dérives sectaires : on vous explique le délit de "provocation à l'abstention de soins", voté par l'Assemblée nationale
• Yes, the feds can actually override provincial anti-trans school policies. Here's how.
• School closures may not have been necessary to prevent spread of COVID-19, researchers at McMaster find
• Can job postings in Canada exclude white people? Short answer: yes
• Judge rules challenge of Saskatchewan’s pronoun law can proceed
• Josh Dehaas: P.E.I. puts politeness over free speech by persecuting town councillor
• The Evolving Debate Over Section 33 of the Charter
•  The faulty received wisdom around the notwithstanding clause
• The Notwithstanding Clause: Legislatures, Courts, and the Electorate
• The Truck and the Brakes: Understanding the Charter's Limitations and Notwithstanding Clauses Symmetrically

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 27, we do a deep dive into the new Online Harms Act, introduced this week as Bill C-63. The act would create a Digital Safety Commission, increase the penalties for criminal hate speech, allow judges to impose peace bonds on people who might commit hate speech in the future, and empower the Canadian Human Rights Tribunal to fine people up to $50,000 for discriminatory speech.

Stories and cases discussed in this week's episode:

• An Act to enact the Online Harms Act (Bill C-63)
• Online harms bill’s proposed changes risk silencing free speech, experts warn
• One cheer for the new Online Harms Act (Andrew Coyne)
• CCF concerned by Online Harms Act
• Keaan Bexte tweet
• Joanna Baron: The government doubles down on censoring the internet

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 28, we give you an update on the criminal charges dropped against two men arrested at Coutts, Alberta in February 2022, and the civil lawsuits launched by trucker convoy participants; we explain the ruling that says Quebec's secularism law Bill 21 is fully shielded from judicial review by the notwithstanding clause; and we explain the interesting inter-provincial trade angle in a lawsuit from McGill and Concordia against the province's tuition structure.

Stories and cases discussed in this week's episode:

• The HateGate Affair: Unmasking Canada's Hate Industry (by Caryma S'ad)
• Gwyn Morgan: Truckers get jail time while real criminals get bail and parole
• 'Freedom Convoy' organizer from Sask. suing federal government for using Emergencies Act to freeze accounts
• Quebec Appeal Court Bill 21 ruling fuels debate on notwithstanding clause
• McGill, Concordia file lawsuits demanding Quebec cancel tuition hike
• Palestinian Canadians sue Foreign Minister Joly over arms exports to Israel
• MANDEL: Luka Magnotta now in same medium-security prison as fellow killer Paul Bernardo

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 30, we explain why a proposed bylaw in Vaughan aimed at controlling hateful protests outside synagogues raises red flags; we explain the costs order made against an activist group defending dangerous encampments in Edmonton; plus we share our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• Advocacy group to pay City of Edmonton more than $11K in costs after failed encampment lawsuit
• Section 176(2) of the Criminal Code
• Vaughan mayor seeks to ban protests at schools, religious institutions
• Protecting Vaughan’s places of worship, schools, childcare facilities and our hospital (Vaughan news release)
• Westendorp v. the Queen, 1983 CanLII 1 (SCC)
• Coalition for Justice and Human Rights Ltd v Edmonton (City), 2024 ABKB 148 (CanLII)
• Kingston to start enforcing daytime camping ban in city parks
• The Supreme Court of Canada went viral for what it didn’t say about ‘a woman’
• A Q&A with U of T’s new adviser on civil discourse, Randy Boyagoda

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 31, we tell you about the firing of an Ontario librarian whose apparent crime was trying to diversify the collection; we walk you through a heart-breaking decision by a Calgary judge to allow a woman with autism to access assisted-death over her father's objections, and we share our new polling that shows Canadians are ready for major change on health care.

Stories and cases discussed in this week's episode:

• Most Canadians want ‘major changes’ to healthcare system new research finds
• Calgary judge rules woman with autism can seek Medical Assistance in Dying
• Premier Ford clarifies fourplex comments despite insisting it would be a ‘disaster’
• Niagara-on-the-Lake library board fires CEO Cathy Simpson
• Monica Harris: The unjust firing of Ontario librarian who challenged DEI orthodoxy
• Hermes faces US lawsuit over ‘refusal’ to sell Birkin bag
• Manitoba PCs say bill banning anti-abortion protests near clinics should be expanded

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 32, we tell you about secretive plans in Waterloo Region to expropriate farmland; we explain the new Supreme Court of Canada decision that says Charter rights may sometimes yield to Indigenous rights; and we explain why declaring an emergency for a solar eclipse in Niagara Region is not only misguided but unlawful.

Stories and cases discussed in this week's episode:

• Wilmot Township farmers prepare to fight back after Region of Waterloo plans to expropriate land
• Opinion: Online Harms Act focuses on the wrong end of the problem
• 'It's going to be crazy:' Niagara Falls mayor says city preparing for up to 1 million visitors for solar eclipse
• Niagara police begin public safety plans for million expected to view solar eclipse
• Kitchener developer made offers on six Wilmot farms a month before the region
• Christine Van Geyn: A solar eclipse is not an emergency and declaring it one is unlawful
• Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10
• Joanna Baron: Supreme Court confirms that the Charter applies to Indigenous governments—except when it doesn’t
• 'Nonsense:' Ford slams lawsuits filed by Ontario school boards against social media platforms

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 33, we tell you about a concerning new British Columbia law that will make it easy for governments to sue companies for products that may cause harm to health; we walk you through a fascinating decision overturning a portion of an Ontario law aimed at keeping animal rights activists from filming on farms; plus we share our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• B.C. business groups say legislation to sue social media companied is too broad
• B.C. takes action to hold companies accountable for hurting people
• The Much Broader Future of Cost Recovery Litigation in British Columbia
• Business Association Letter: Concerns on Scope of Bill 12
• Couple fights to rid Toronto home of heritage status
• Canada Tonight interview with Niagara Falls mayor about eclipse state of emergency
• ‘We had to challenge it’: How animal-rights groups fought Ontario’s Bill 156 and (mostly) won
• Court strikes down laws restricting investigations by animal rights activists into animal cruelty
• Animal Justice et al. v A.G of Ontario, 2024 ONSC 1753 (CanLII)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 34, Josh explains why he thinks Governor General Mary Simon should resign; Christine gives you the highlights of the Canada Strong and Free Network conference including Poilievre's speech, and Joanna tells us about a Quebec law aimed at protecting politicians.

Stories and cases discussed in this week's episode:

• Jamie Sarkonak: Governor General's online harm symposium was unbefitting of her office
• “Apolitical” Simon Likes Bill
• Gave $96,100 To CBC Pundit
• MPs To Review GG Expenses
• $18M For Frankfurt High Life
• Harrison Lowman: Will Poilievre’s coalition of loud new populists and old-guard conservatives hold?
• Right-Wing Media Personality Goes Viral After Posting ‘Weird’ and ‘Creepy’ Video Recorded Inside Airport Washroom
• Quebec tables bill that includes fines of up to $1,500 for threatening politicians
• Committee for the Commonwealth of Canada v. Canada, [1991] 1 SCR 139

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 35, Josh and Joanna discuss the possible merits and demerits of a proposed mandatory drug treatment law in New Brunswick and the pro-Hamas protests roiling U.S. college campuses and Canadian cities. Plus, they give their Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• Higgs won't rule out notwithstanding clause for addiction treatment bill
• Bill on forced addiction treatment will include evaluation process, minister says
• Ford government says Highway 413 construction could begin next year
• Ottawa ‘plainly overstepped’ with environmental assessment law, Supreme Court rules
• Keri Froc's submission for CBA on proposed Compassionate Care Act
• LILLEY: In Milton's byelection Gaza is dominating, not local issues
• Unpacking involuntary interventions for people who use drugs
• Foreign landlord fails to pay taxes, CRA goes after tenant
• Joanna Baron: It’s time to stop giving the pro-Palestine protestors the benefit of the doubt
• Mobs of people that want me dead': Columbia University moves classes online amid massive anti-Israel protests
• Matt Gurney: Freeland knows better than this. Or at least, she used to

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 36, we tell you about a challenge to Newfoundland's COVID-19 travel restrictions that's heading to the Supreme Court; we explain why a rare hate crime charge has been dropped; and we discuss why a B.C. woman's civil disobedience landed her 60 days in jail.

Stories and cases discussed in this week's episode:

• Fairy Creek old-growth protesters celebrate as a slew of contempt charges are withdrawn
• Green Party deputy leader gets jail time for Fairy Creek protests
• Feds halt deportation of B.C.-based climate activist
• N.B. police officers stop investigating most reports of gas theft
• MP Kevin Vuong's tweet
• Taylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII)
• Supreme Court of Canada to hear appeal of N.L.'s COVID-19 travel ban
• When does hate become criminal?: Christine Van Geyn for Inside Policy
• Infant, grandparents killed in Highway 401 crash after police pursuit from LCBO robbery
• Antigone: A Detailed Summary of Sophocles’ Famous Play

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 37, we tell you about the new sabotage provision snuck into the foreign interference bill; we discuss Poilievre's proposed use of the notwithstanding clause; and we explain why we oppose the federal program that funds activists to sue the government.

Stories and cases discussed in this week's episode:

• BILL C-70: An Act respecting countering foreign interference
• Tasha Kheiriddin: Liberal foreign interference bill won't stop Chinese meddling
• Montréal (City) v. 2952-1366 Québec Inc.
• Irwin Toy Ltd. v. Quebec (Attorney General), 1989 CanLII 87 (SCC)
• New sabotage offence in foreign-interference bill needs amending, say civil liberties and constitutional experts
• PM Anxious To Keep Riding
• If Pierre Poilievre doesn’t want to be portrayed as an authoritarian leader, maybe he should stop talking like one
• Pierre Poilievre prepares to embrace the notwithstanding clause — and all its controversy
• The campus occupations aren’t protected by free speech, because they aren’t speech
• Sex offender asks Norway's Supreme Court to declare social media access is a human right
• An Act to amend the Department of Canadian Heritage Act (Court Challenges Program)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 38, we discuss what formerly secret testimony about the invocation of the War Measures Act tells us about history repeating itself; we explain the court ruling that considered whether bylaw can ban swinging, and we give our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• We need a law against lying in politics
• Josh Dehaas: The Trudeau family tradition of invoking unnecessary emergency powers
• Calgary swinger will continue to have group sex parties in his home, lawyer says
• The FLQ and the October Crisis
• Beware predictions of a Senate-created constitutional crisis
• Howard Anglin and Ray Pennings: Canada is careening towards a constitutional crisis in the Senate
• Group sex parties are okay, but social club sex gatherings aren't, Calgary judge says

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 39, we discuss McGill's failed attempt to get an injunction against the protesters occupying campus; we tell you about a disappointing court ruling that upheld a B.C. vaccine mandate; and we explain why an arbitrator found Canada Post's vax mandate unreasonable.

Stories and cases discussed in this week's episode:

• City surrendered to Uber's bullying tactics and abandoned Ottawa cabbies, judge rules
• Chris Selley: Cities have made their bylaws into an ass
• A judge ruled that tacos and burritos are sandwiches. What do you think?
• Here’s what I learned from my conversation with Justin Trudeau: There’s only one way to fix Canada and everyone is going to hate it
• Quebec court rejects McGill injunction request to remove encampment
• Canada Post was wrong to suspend unvaccinated remote workers during COVID, arbitrator rules
• Josh Dehaas: Is there a Charter right to campus encampments? Unlikely
• Court upholds B.C.'s COVID-19 health-care vaccine mandate

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 40, we discuss the University of Toronto's request for a court order to clear out the campus occupiers; we talk about whether a good Samaritan law meant to prevent overdoses protects drug dealers against drug charges; and we update you on the MPP Sarah Jama affair.

Stories and cases discussed in this week's episode:

• MPP Sarah Jama’s court challenge of her censure at Ontario legislature is dismissed
• Updated: Partial injunction granted against pro-Palestinian encampment at UQAM
• The Governing Council of the University of Toronto v Jane and John Doe
• Saskatchewan argues for limits on federal Good Samaritan drug act
• Will U of T’s convocation overlap with the encampment protest? A judge holds the answer in his hands
• An Act to amend the Food and Drugs Act (warning label on alcoholic beverages)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 41, we discuss why Newfoundland is suing the federal government over equalization; we explain the debate over whether mandatory union dues violate conscience rights; and we tell you about the latest loss in the fight against COVID-19 gathering limits.

Stories and cases discussed in this week's episode:

• Anti-masker loses bid to have pandemic ticket turfed
• Winnipegger loses court fight to quash ticket for attending People's Party rally amid pandemic restrictions
• Premier Brian Pallister speaks out against racism but won't attend Winnipeg rally
• Section 36 of the Constitution Act, 1982
• Sask. to join Newfoundland and Labrador in court challenge over equalization formula
• CCF Victory: charges dropped against lone protestor in Kingston
• Brian Dijkema: It’s time for freedom of conscience to stop union dues from going to Hamas sympathizers
• John Ivison: CUPE is being held to account for its obsessive anti-Israel vitriol

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 42, we dig into the new details about how the government plans to regulate your expression through the Online News Act, the Online Streaming Act and the Online Harms Act. Plus we tell you about a lawyer who got in trouble for calling TMU law a 'clown school.'

Stories and cases discussed in this week's episode:

•  Peter Menzies: Say goodbye to Netflix, Canada? Why the Online Streaming Act might just run them (and other international streamers) out of the country
• Joanna Baron: The Liberals claim to be the ‘Charter party.’ Nothing could be further from the truth
• 'Is this legal?': Elon Musk questions UBC hiring practices
•  Peter Menzies: Google shuns the big media moguls in decision over news fund—but it’s Canadian consumers who will pay the heaviest price
• Once incarcerated, this Toronto activist was accepted into TMU Law's inaugural year. Now, he's suing the school for $300K
• Hamza v. Law Society of Ontario et al, 2021 ONSC 2023
• Canadian judge Beverley McLachlin to step down from top court in July – announced days after 2 UK judges quit
• What's stopping Ontario from passing a law to oust misbehaving councillors?

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 43, we give a full recap of the hearing at which the University of Toronto requested an injunction to have the People's Circle for Palestine encampment removed. We dig into whether the issues including whether the Charter applies, freedom of speech and trespass.

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 44, we tell you about a family suing a Catholic hospital in Vancouver because it wouldn't perform MAID on site; we discuss how the new 'green-washing' law harms free expression; and we explain the controversy over the new federal human rights commissioner.

Stories and cases discussed in this week's episode:

• Government Appoints New Chief of Canadian Human Rights Commission Who Linked To Articles Comparing Israelis to Nazis, Called for Israel Boycott (Michael Geist)
• Oil and gas industry making risky play in response to greenwashing law: experts
• Alberta government calls bill about backing up environmental claims an 'agenda to create chaos'
• Pathways Alliance oilsands group removes all website content as Bill C-59 receives major industry pushback
• Parents sue after St. Paul's Hospital transfers daughter to hospice for assisted death
• Transgender woman refused leg wax by Windsor, Ont., salon awarded $35K by human rights tribunal
• Canadians are inconvenienced and annoyed, but let’s be clear, you haven’t lost your freedom

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 45, we tell you about a case that will force the Supreme Court to grapple with the when police can go onto a person’s driveway without violating rights; we get into the controversy over the mayor in Quesnel, B.C.; and we walk you through the U of T injunction decision.

Stories and cases discussed in this week's episode:

• Asleep at the Wheel: Reasonable Expectation of Privacy
• R v Singer, 2023 SKCA 123 (CanLII)
• City of Quesnel seeks to dismiss mayor's lawsuit over censuring
• Quesnel city council condemns controversial residential school book distributed by mayor's wife
• Possible Censure and Sanctions for Mayor Paull
• Is it end days for the U of T encampment? I think so, injunction or not.
• Demonstrators take down some tents at U of T encampment, plan rally ahead of deadline

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 46, we discuss whether the right to freedom of expression protects naturalized gardens, we explain why Justice Jamal recused himself from the challenge to Quebec's secularism law; and we update you on the brewing constitutional crisis involving the Senate.

*Are you a regular listener? Give us feedback by filling out this short survey!*

Stories and cases discussed in this week's episode:

• Queer rights are in danger in Canada. Pierre Poilievre owns some of the blame
• Should the Senate block the notwithstanding clause?
• Howard Anglin and Ray Pennings: Canada is careening towards a constitutional crisis in the Senate
• Ruck v. City of Mississauga, 2024 ONSC 2579 (CanLII)
• The gardener who took a Canadian city to court for the right to not mow his lawn
• Brittlestar video on the LCBO

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 47, we tell you about a B.C. woman forced to go to the U.S. for cancer care; we discuss a decision that says judges can’t just assume vaccines are safe and effective; and we tell you about a win by Saskatchewan in their fight against Trudeau's carbon tax.

*Are you a regular listener? Give us feedback by filling out this short survey!*

Stories and cases discussed in this week's episode:

• Legal bodies shouldn’t accept claims of vaccine safety without evidence, B.C. panel finds
• 'Safe for now': Sask. and feds press pause on $28M carbon tax payment in out-of-court deal
• Winnipeg lawyer gets 6-month suspension for punching student in groin, disciplinary panel rules
• Justice minister deletes capital gains video that contained inaccurate information
• Josh Dehaas: Two months to live, but a three-month wait to see a doctor

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 48, we tell you about the Supreme Court's decision that legislatures don't have full immunity from damages when they pass clearly unconstitutional laws; and we explain why the Court rejected our intervention in a case about who decides which firearms are prohibited.

*Are you a regular listener? Give us feedback by filling out this short survey!*

Stories and cases discussed in this week's episode:

• Edmonton Police Commission passes more restrictive rules for public presentations at meetings
• City councillor speaks out after Edmonton Police Commission refuses to release EPS audit plan
• Edmonton Police Commission briefing note on meeting procedures
• Canada (Attorney General) v. Power
• CCF pleased by SCC ruling no absolute immunity from damages for Charter-violating laws

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 49, we explain a new Supreme Court treaty decision that could cost tens of billions; we chastise Niagara Regional Council for banning signs from council meetings; and we walk through a new report that says inter-provincial trade barriers cost $200 billion per year.

*Are you a regular listener? Give us feedback by filling out this short survey!*

Stories and cases discussed in this week's episode:

• Niagara Region sparks more outrage from Palestine Coalition
• Ontario (Attorney General) v. Restoule
• Hussen OK’d “Hate” Guide
• Lawyers say First Nations could get up to $126B after Supreme Court rules Crown breached treaty
• Removing domestic trade barriers could boost productivity, add $200 billion to economy annually: CFIB

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 50, we explain why Toronto Police might have violated a man's rights by arresting him for breach of the peace at an anti-Israel protest; we tell you about an Ontario man facing $400,000 in archeological fees; and we update you on the criminal trial of two men in Coutts.

*Are you a regular listener? Give us feedback by filling out this short survey!*

Stories and cases discussed in this week's episode:

• Christie Blatchford: Justice at last for Caledonia man arrested for carrying a Canadian flag
• Fleming v. Ontario, 2019 SCC 45 (CanLII), [2019] 3 SCR 519
• Amnesty International names B.C. chief the first prisoner of conscience held in Canada
•  It’s time originalism came to Canada
• Video showing woman confronted by police over allegations of defecation on beach
• Ontario Premier requests Wasaga beach visitors not poop in the sand
• Three men involved in 2022 Coutts border blockade found guilty of mischief by jury
• Ontario farmer says he has to pay $400,000 in archeological fees to build a home on his field

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 51, we update you on Jordan Peterson's fight for freedom of expression; we tell you why the new commissioner of the Canadian Human Rights Commission stepped down; and we walk you through a decision on when phones & laptops can be searched at the border.

*Are you a regular listener? Give us feedback by filling out this short survey!*

Stories and cases discussed in this week's episode:

• Peterson v. College of Psychologists of Ontario, 2023 ONSC 4685 (CanLII)
• Jordan Peterson v. College of Psychologists of Ontario, 2024 CanLII 74731 (SCC)
• Jordan Peterson: I will see this contemptible 're-education' process through to its absurd end
• Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36
• R v Pike, 2024 ONCA 608
• B.C. Civil Liberties Association leader resigns after controversial social media post
• 'THE NEW SWASTIKA:' Calls grow to ban red triangle as hate symbol
• New human rights commissioner resigns before starting role

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 52, we explain the proposed class actions related to COVID-19 vaccines and lockdowns in Alberta; we discuss the new legal challenge that argues the mentally ill have a right to MAID; and we update you on the harsh sentences for speech crimes in the U.K.

*Are you a regular listener? Give us feedback by filling out this short survey!*

Stories and cases discussed in this week's episode:

• Who are the rioters and what jail sentences have they received?
• 'Burn it all down': Head of B.C. civil liberties group resigns over tweet about church fires
•  Hope Not Hate boss apologises for false ‘acid attack on Muslim woman’ tweet
• Whitehorse city council passes civility policy
• Canada's assisted-dying law faces constitutional fight for excluding mental disorder
• Man jailed for shouting at police dog and using racist slurs
• Black woman charged after using n-word on social media
• Woman jailed for hate related communications
• ‘I’m 28. And I’m Scheduled to Die in May.’
• COVID class action for businesses (statement of claim)
• COVID class action for vaccine injuries
• Whitehorse Civility Policy

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 53, we explain why freedom of speech advocates are concerned about France's arrest of Telegram founder Pavel Durov; we discuss whether magic mushrooms should be legal; and Josh calls b.s. on a self-identified bisexual asylum seeker who wants 'status for all.'

Stories and cases discussed in this week's episode:

• After Canada cancelled his deportation, this bisexual man pushes for status for all
• A guide to the Digital Services Act, the EU’s new law to rein in Big Tech
• First-time culprit: France blocks TikTok in New Caledonia
• He worked two weekends at a Toronto magic mushroom store. Now he’s got a criminal record
• Individual charged with 3D printing of firearms and hate speech
• In Russia, questions swirl over arrest of Telegram boss
• France extends detention of Telegram chief Pavel Durov
• A dangerous precedent? Telegram CEO Pavel Durov’s arrest stokes speech war
• Disney drops bid to stop wrongful death lawsuit over Disney+ terms
• Click to agree with what? No one reads terms of service, studies confirm

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 54, we discuss the dramatic and escalating strike situation at McGill Law and a partial victory for free expression following an unconstitutional Niagara Region City Council decision.

Stories and cases discussed in this week's episode:

• Threat of constitutional challenge leads Niagara Regional Council to change sign and prop bans
• McGill law professors on strike in protest of challenge to union certification
• Toronto judge gets rebuke for ‘mocking,’ ‘inflammatory’ and ‘inappropriate’ comments in family court battle
• 'It's a lie,' billionaire Frank Stronach says of 13 sex crime charges filed against him

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 55, we talk about B.C.’s plan to expand involuntary treatment, we discuss the B.C. Law Society’s attack on two members for requesting that a mandatory Indigenous training course be accurate, and we tell you about a lawsuit involving a gender-fluid dog.

Stories and cases discussed in this week's episode:

• Social worker wins £55,000 after row about gender-fluid dachshund
• Statement on member resolution submitted by James I. Heller and Mark T.K. Berry
• B.C. to introduce involuntary care for people with concurrent addiction, mental disorders, premier says
• Jamie Sarkonak: B.C. lawyers shouldn't face residential school 'denialism' accusations for telling the truth
• Hezbollah is hit by a wave of exploding pagers that killed at least 9 people and injured thousands

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 56, we walk you through some potential court challenges to right the ship of federalism, explain why the Canada Health Act must change, and fill you in on the latest news about the Online Harms Act. Plus, should Lake Winnipeg be legally defined as a person?

Stories and cases discussed in this week's episode:

• Bill C-13: An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
• Canada Health Act (R.S.C., 1985, c. C-6)
• Premier Danielle Smith unveils plans to amend Alberta Bill of Rights
• Lawsuit by Manitoba chiefs urges Lake Winnipeg be legally defined as a person
• Rising number of Canadians support major health care reform, survey finds

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 57, we tell you about a win and a loss in the war against expression-limiting codes of conduct, and we explain the problems with the proposal to criminalize 'residential school denialism.' Plus Preston Manning's proposed Act Respecting Provincial Jurisdiction.

Stories and cases discussed in this week's episode:

• Clark v City of Medicine Hat, 2024 ABKB 513 (CanLII)
• OCDSB trustee's bid for judicial review of Code of Conduct sanctions dismissed
• Kinew denies claims of toxic, dysfunctional government made by ousted MLA
• Bill before Parliament would outlaw residential school 'denialism'
• Canada’s federal and provincial governments should stay in their own lanes
• Six take-aways from the VP debate between Vance and Walz

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 58, we tell you about a Quebec decision that found it's discriminatory to not give subsidized daycare to asylum seekers, we explain a new Supreme Court ruling that upheld airline passenger compensation regulations, and Josh complains endlessly about WestJet.

Stories and cases discussed in this week's episode:

• RA v. WestJet Airlines Ltd
• WestJet ordered to pay more than $2K to passengers after offering $16.17 as reimbursement
• Court reserves decision on Sask. government plea to get climate inaction case thrown out
• Video of Niagara Police warning to Joanna Berry
• LILLEY: Study shows how much more Canadians pay for flights due to tax
• Canada's top court upholds passenger protection rules for flight disruptions
• International Air Transport Association v. Canada (Transportation Agency)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 59, we give you an update on Jordan Peterson's fight with the Ontario College of Psychologists, we explain why Samidoun has been listed as a terrorist entity, and we tell you about how the justice system in Windsor, Ont., appears to be failing the public.

Stories and cases discussed in this week's episode:

• No jail, but Windsor judge orders restitution for downtown window-smashing spree
• Why haven’t prosecutors decided on charges over B.C. comments praising Hamas?
• Canada designates Samidoun a terrorist entity after 'death to Canada' chant
• Currently listed entities (Public Safety Canada)
• Terry Glavin: Is Khaled Barakat part of a terrorist group or a victim of Israeli intimidation?
• United States and Canada Target Key International Fundraiser for Foreign Terrorist Organization PFLP
• Vancouver Police probe Oct. 7 rally where ‘death to Canada’ cry went up
• Retailers question Windsor, Ont., police decision to stop taking some retail theft reports
• Jordan Peterson: Alas, no re-educator to be found

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 60, we discuss the sentencing William Adamson Skelly, who was convicted for operating a BBQ business without a license during COVID-19; we explain the constitutional challenge to Ontario's climate targets; and we discuss chilling new details about MAID.

Stories and cases discussed in this week's episode:

• Toronto (City) v. Adamson Barbecue Ltd., 2024 ONCJ 525 (CanLII)
• Yuan Yi Zhu: Debunking the myth of the Persons Case
• Restaurant owner who fought COVID lockdown guilty of operating without a licence
• Private forums show Canadian doctors struggle with euthanizing vulnerable patients
• What Ontario’s highest court did — and did not — say about climate rights this week
• Mathur v. Ontario, 2024 ONCA 762 (CanLII)
• U.K. police tell woman it's a crime to say 'God bless you' to someone

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 61, we analyze the proposal to improve protections for property, firearms and medical autonomy in the Alberta Bill of Rights; we discuss a Quebec decision that found repeated random stops unconstitutional; and we tell you about a B.C. librarian's argument that she's facing discrimination because she can't pick her kid up on time from daycare.

Stories and cases discussed in this week's episode:

• Victoria library staffer told to choose between job and child care will get hearing with human rights tribunal
• Alberta proposes new rights, including to refuse medical treatment – with exemptions
• Alberta Bill of Rights Amendment Act (Bill 24)
• Court of Appeal upholds Quebec ruling that invalidated random police stops
• Ontario Calls for Immediate Federal Action on Bail Reform
• Procureur général du Québec c. Luamba, 2024 QCCA 1387

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 62, we tell you about an Alberta man who obtained an injunction to block his girlfriend's assisted-death; we explain why we intervened in a challenge to first-past-the-post; and we discuss the calls in Ontario to use the notwithstanding clause to end encampments.

Stories and cases discussed in this week's episode:

• B.C. judge urgently halts assisted death of Alberta woman, the day before MAID procedure
• Canada must provide reparations to families of children missing at residential schools, says Kimberly Murray
• Stars of David drawn in front of Palestinian-owned store a hate crime, Food Fare owner says
• A.Y. v N.B, 2024 BCSC 2004
• This doctor has helped more than 400 patients die. A judge just blocked one of her cases.
• Ontario's chief electoral officer seeks more tools to fight misinformation
• CCF appearing in Court in appeal over constitutionality of Canada’s voting system

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 63, we tell you about the Trudeau government's shocking position on freedom of peaceful assembly in the Emergencies Act case; and we discuss the legal implications of some Yukon municipal councilors refusing to take an oath to the King.

Stories and cases discussed in this week's episode:

• 'Hamas is applauding': Mississauga mayor urged to stop vigil for terror leader Yahya Sinwar
• CCF files materials in appeal of decision that found use of Emergencies Act against truckers unlawful
• Town councillors in Dawson City, Yukon, refuse to swear oath to the King
• Dr. Fundji Benedict's X post in response to Mississauga Mayor Carolyn Parrish

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 64, we tell you about the dubious allegations that UBC's law school is racist; update you on Alberta's consultations about how to protect the free speech of professionals; and explain why OutTV wants all Canadian subscribers to pay for its colourful programming.

Stories and cases discussed in this week's episode:

• An Elite Law School Promised Reforms, Then Made Inclusion Impossible
• Danielle Smith promises to review Alberta’s professional regulators, legislate limits
• The new censorship: Regulatory creep, professional regulators, and growing limits on freedom of expression
• Trudeau lectures Canadians to prioritize climate change over groceries, affordability
• OutTV wants all subscribers to pay (Blacklock's)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 65, we tell you about Freedom Convoy Leader Pat King's criminal convictions and acquittals; we explain why Toronto Police were wrong to arrest journalist Ezra Levant; and we get into the war over bike lanes in Toronto.

Stories and cases discussed in this week's episode:

• Borderland Pride v. Corporation of the Township of Emo, 2024 HRTO 1651
• Pat King found guilty of mischief for role in 'Freedom Convoy'
• R v Pawlowski, 2024 ABCA 342
• Ontario passes bill that allows major Toronto bike lanes to be ripped out
• Korean man gets jail time for being too fat for military duty
• ‘Not unusual,’ UN says of firing adviser, who didn’t call Israel genocidal
• Ontario Human Rights Tribunal fines Emo Township for refusing Pride proclamation

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 66, we tell you about a shocking new Free Press investigation into debanking in the United States, and discuss whether Australia's ban on social media for kids under 16 is a good idea. Plus, Bad Legal Takes from U of T and a self-described "fat intersectional feminist."

Stories and cases discussed in this week's episode:

• The Debanking of America
• Guide to Law and Policy regarding Antisemitism and Anti-Israeli Discrimination at the University of Toronto
• Over 800 Canadian bank account holders 'debanked' since 2018: Report
• Canadian media outlet says bank denied it a commercial mortgage over conservative political leanings
• Airbnb deletes accounts of people attending white supremacist rally
• China's 'social credit' system uses technology to punish citizens
• What Australia's social media ban for children could mean as Quebec eyes similar legislation
• Amy Hamm: This 'fat intersectional feminist' insists medical care is a human rights abuse

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

Instead of our weekly episode of Not Reserving Judgment, here's a conversation on new book, Free Speech In Canada: A beginner’s guide from ancient roots to modern controversies. Now available on Amazon.ca!

On Episode 68, we tell you about a London, Ont., city councillor sanctioned for saucy emjois; we explain what's wrong with a Conservative private member's bill aimed at protecting children online; and we tell why it may not make sense to shut down TikTok's Canadian office.

Stories and cases discussed in this week's episode:

• London councillor should have pay suspended for 30 days for bullying city staffer: Integrity commissioner
• Bill 241, Municipal Accountability Act, 2024
• TikTok seeks to block federal government’s shutdown order with court challenge
• Noted Black novelist challenges London school board stance on N-word in books
• Passenger in deadly Highway 401 wrong-way crash pleads guilty, released on probation
• Joanna Baron: The Liberal’s approach to regulating the internet is a disaster. What comes next could be even worse
• No Cash For Hurtful Signage

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 69, we tell you about the Liberals' desire to make it even easier to use the Emergencies Act and freeze bank accounts; we discuss whether Justin Trudeau's prorogation is constitutional; and we tell you about some of the bad bills that are now likely to die.

Stories and cases discussed in this week's episode:

• Heegsma v. Hamilton (City), 2024 ONSC 7154 (CanLII)
• City of Hamilton aims to end tent encampments in parks, says mayor following court win
• Howard Anglin: The Governor General should not allow Trudeau to prorogue to hold a full Liberal leadership race
• CRA to continue with capital tax changes despite prorogation: Finance Department
• Trudeau resignation puts capital gains tax hike 'on life support,' but CRA still messing up
• With the House of Commons prorogued, some key Liberal legislation may not pass
• Two men file unprecedented legal challenge against Trudeau's request for prorogation

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 71, we explore the constitutionality of Alberta seceding from Canada, we update you on several of the cases that we're working on, we tell you why Meta's new policy doesn't promote hate speech, and explain how your tax dollars funded pro-carbon tax legal groups.

Stories and cases discussed in this week's episode:

• Feds Paid Carbon Tax Friends
• Reference re Secession of Quebec, 1998 CanLII 793 (SCC)
• Tasha Kheiriddin: Liberal response to Trump tariffs could break the country apart
• Interprovincial travel case intervention (Taylor v. Canada)
• Prince Edward Island free expression case (John Robertson)
• CCF to appear at Supreme Court in case about the scope of police search powers
• Ward v. Quebec, 2021 SCC 43 (CanLII)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 72, we tell you about our loss in a challenge to B.C.'s COVID-19 vaccine card program; we discuss the Supreme Court's decision to hear a legal challenge to Quebec's ban on religious symbols; and we tell you why hate crime charges in St. Albert are unlikely.

Stories and cases discussed in this week's episode:

• Hamilton leaders denounce ‘dangerous rhetoric’ at Saturday protest near Jackson Square
• Second Cup cuts ties with Montreal franchisee, closes cafés over antisemitic remarks and gesture
• Kassian v. British Columbia, 2025 BCCA 20
• No public spitting, drugs, panhandling, feeding birds or feral cats, and protest limits pitched for Edmonton's latest public behaviour rule book
•  ‘Potentially disastrous’: The Hub’s legal experts react to the Supreme Court’s explosive decision regarding Quebec’s secularism law

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

Instead of our regular episode, Christine gives you a full recap of day one of arguments in our Emergencies Act appeal in the Federal Court of Appeal. Read more:

Christine Van Geyn: Court ruling condemning use of Emergencies Act must be upheld

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

Instead of our regular episode, Christine gives you a full recap of day two of arguments in our Emergencies Act appeal in the Federal Court of Appeal. Read more:

Christine Van Geyn: Court ruling condemning use of Emergencies Act must be upheld

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 73, we consider Pierre Poilievre's novel interpretation of constitutional rights in relation to fentanyl; we discuss Calgary's attempt to have a questionable LGBT expert give evidence in our bylaw challenge; and we tell you about the monks buying up land in P.E.I.

Stories and cases discussed in this week's episode:

• Monks, money and the fierce debate over PEI’s scarce land
• Government asked to order new investigation into Buddhist land ownership in P.E.I.
• 'A privilege and an honour': Edmonton educator and advocate appointed to Senate
• Students say they faced discrimination at UNB law school, filing complaints
• Supreme Court won't disclose mysterious donor behind expensive gift for chief justice
• Pickleball court fight dropped after petitioner's outburst at council meeting
• Poilievre says the Charter supports locking up drug kingpins without using the notwithstanding clause

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 74, we tell you about a new report on the program doling out taxpayer dollars to activist groups suing the government; we discuss a new election signs bylaw in St. Catharines, Ont.; and we tell you about a Supreme Court case about when police can enter your property.

Stories and cases discussed in this week's episode:

• St. Catharines bans display of election signs on non-residential property (CHCH)
• CCF at the Supreme Court in case about police search powers TODAY February 18
• The Court Challenges Program – How your tax dollars fuel social justice activism through the courts: Dave Snow and Ryan Alford (MacDonald-Laurier Institute)
• Christine Van Geyn: When governments pay to sue themselves on your dime (The Line)
• Rubio spars with Brennan over Vance’s Munich speech (The Hill)
• Explaining Canada’s Cult of ‘Decolonial Futurity’ to Americans (Quillette)
• Yarmouth not enforcing new bylaw prohibiting election signs

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

In lieu of our regular programming this week, we're sharing Litigation Director Christine van Geyn's recap of yesterday's court hearing on the City of Calgary's ban on specified protests outside of recreational centres and libraries. We'll be back next week with a regular episode!

On Episode 76, we explain what happened in an appeal of Mississauga's decision to mow down a man's naturalized garden; we update you on our Calgary anti-protest bylaw challenge; and we tell you about a teacher bragging about keeping kids from reading about Elon Musk.

Stories and cases discussed in this week's episode:

• Ruck v. Mississauga (City), 2025 ONCA 147 (CanLII)
• Ruck v. City of Mississauga, 2024 ONSC 2579 (CanLII)
• Teacher-Librarian trashes Elon Musk book
• Ontario Court of Appeal sends decision on homeowner’s naturalized garden back to lower court
• Legal challenge over Calgary's protest bylaw heads to court

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 77, we tell you why an Ontario man has to pay drag performers $380,000 for his 'groomer' comments, we discuss the constitutional limits of PM Carney's position, and we explain why the new election spending decision was not 'Canada's Citizen's United.'

Stories and cases discussed in this week's episode:

• Man must pay $380K for ‘hate speech’ on his northern Ont. Facebook page
• Howard Anglin: The constitutional limits on Carney’s powers as prime minister
• Top court finds Ontario spending limits on 3rd-party election ads unconstitutional
• Ontario (Attorney General) v. Working Families Coalition (Canada) Inc.
• Pro-Palestine Protesters Acquitted, Launch Charter Rights Challenge

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 78, we discuss the B.C. premier's apparent power grab (Bill 7); we explain why it was wrong to discipline B.C. nurse Amy Hamm for her off-duty speech about sex; and we tell you about hate crime charges in Toronto. Plus, our thoughts on Mahmoud Khalil's deportation.

Stories and cases discussed in this week's episode:

• CCF to Premier Eby: Reconsider Bill 7’s Brazen Power Grab
• Amy Hamm: I spoke the truth about women's rights. That isn't professional misconduct (National Post)
• B.C. College of Nurses and Midwives v Amy Eileen Hamm (BCCNM)
• Man Charged with Advocating Genocide and 28 other charges in Hate Crime Investigation (Toronto Police)
• Man faces rare charge of advocating genocide against Jewish community, Toronto police say (CBC News)
• In Re George Edwin Gray, 1918 CanLII 533 (SCC), 57 SCR 150 (CanLii)
• The B.C. government’s Bill 7 is an indefensible power grab (Globe and Mail)
• Mahmoud Khalil Is an Easy Call (Reason)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 79, we discuss why the NSICOP Act limits what Pierre Poilievre can say after he gets a security briefing, we tell you about the curious constitutional challenge to closing some of Ontario’s safe injection sites, and we consider the constitutionality of an export tax on oil.

Stories and cases discussed in this week's episode:

• Carney refuses to rule out export taxes on Alberta oil or Sask uranium and potash against US (Western Standard)
• Protecting Vulnerable Social Infrastructure By-law (City of Vaughan)
• CSIS alleges India organized support for Poilievre’s 2022 Conservative leadership bid
• Re: Exported Natural Gas Tax, 1982 CanLII 189 (SCC), [1982] 1 SCR 1004 (CanLii)
• Ontario consumption sites free to relocate, court hears, contrary to past statements (CP24)
• Supreme Court to hear challenge of law that curbs spy watchdog members (CBC News)
• National Security and Intelligence Committee of Parliamentarians Act, SC 2017, c 15 (CanLii)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 80, we tell you about a new citizenship law on a Saskatchewan First Nation that would allow people to be banned based on 'maturity,' and we walk you through a decision that found the government owed no duty of care to a boy who died after the COVID-19 vaccine.

Stories and cases discussed in this week's episode:

• Hartman v. Attorney General of Canada et al., 2025 ONSC 1831 (CanLII)
• Test case on First Nation's citizenship law (Blacklock's)
• Carney says he will not repeal Liberals' anti-pipeline Bill C-69 (Western Standard)
• Poilievre in Hamilton: Says he'll repeal Bill C-69, sometimes known as 'no more pipelines act' (CBC News)
• Dickson v. Vuntut Gwitchin First Nation (SCC)
• Toronto District School Board v. Meta Platforms Inc., 2025 ONSC 1499

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 81, we discuss why we're taking UBC to court for its political activity, we walk you through an Ontario Court of Appeal decision that found Ontario's COVID-19 protest ban violated peaceful assembly, and we explain why McGill is breaking with its student union.

Stories and cases discussed in this week's episode:

• WARMINGTON: Why punish guy trying to free Sir John A. Macdonald from a box?
• McGill cuts contractual relationship with student union following pro-Palestinian protest
• UBC professors taking school to court over ’political’ actions by administration
• COVID-19 rules barring protests in 2021 were unconstitutional: Ontario’s top court
• Homeowners with treeless yards in Quebec town risk $200 'tree police' tax

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 82, we consider whether the Liberals' misleading MAGA buttons violated election laws; we discuss what to expect from a Mark Carney on civil liberties if he wins on April 28; and we explain our argument at the Supreme Court on the right to inter-provincial travel.

Stories and cases discussed in this week's episode:

• Liberal operatives planted 'stop the steal' buttons at conservative conference (CBC News)
• Victory for Canadian Constitution Foundation: court strikes down election censorship law (The CCF)
• It’s time to end the sedition in Ottawa by enforcing the law and following the money (Globe and Mail)
• CCF Takes Interprovincial Mobility Rights to Supreme Court of Canada (The CCF)
• Supreme Court to consider if COVID travel bans violated charter mobility rights after woman missed mother's funeral (National Post)
• Poilievre vows to use notwithstanding clause to support consecutive murder sentences (CTV News)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 29, we tell you about a labour arbitrator decision that found a vaccine mandate that led to 10 nurses being fired from their jobs was unreasonable; we go through the Supreme Court decision that found the state needs judicial authorization to get your Internet Protocol address; and we tell you about a proposed bylaw that would ban "graphic" anti-abortion signs.

Stories and cases discussed in this week's episode:

• City council votes to move ahead with ban on graphic protest signs
• R. v. Bykovets
• Police need search warrant to get IP address, rules Supreme Court of Canada in 5-4 split decision
• Online sex abuse: Accused Ontario med student avoids extradition to U.S.
• Arbitrator rules in favour of Ont. nurses fired for refusing COVID vaccines
• Quinte Health v Ontario Nurses Association, 2024 CanLII 14991 (ON LA)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 70, we tell you about some tiny steps B.C. and Alberta are taking toward free trade; we discuss a new report that ranks Canada’s health care as second-last among peers, and we tell you about a vaccine mandate lawsuit dismissed for its "outlandish" claims.

Stories and cases discussed in this week's episode:

• Another expensive court loss for anti-vaccine mandate lawyer
• Dorceus v. Ontario et al., 2024 ONSC 7087
• Canada’s health-care system falls behind most peer countries: Report
• Troubling Diagnosis: Comparing Canada’s Healthcare with International Peers (C.D. Howe Institute)
• Canada: A playbook for scoring on your own goal (National Bank)
• With wine flowing between B.C. and Alberta, makers look to free trade across Canada
• Ottawa Paid $369K To Silence Critics (Blacklock's)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.

The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.