Not Reserving Judgment

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 billBill on forced addiction treatment will include evaluation process, minister saysFord government says Highway 413 construction could begin next year Ottawa ‘plainly overstepped’ with environmental assessment law, Supreme Court rulesKeri Froc's submission for CBA on proposed Compassionate Care Act LILLEY: In Milton's byelection Gaza is dominating, not local issuesUnpacking involuntary interventions for people who use drugsForeign landlord fails to pay taxes, CRA goes after tenantJoanna Baron: It’s time to stop giving the pro-Palestine protestors the benefit of the doubtMobs of people that want me dead': Columbia University moves classes online amid massive anti-Israel protestsMatt Gurney: Freeland knows better than this. Or at least, she used toNot 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 BillGave $96,100 To CBC PunditMPs To Review GG Expenses$18M For Frankfurt High LifeHarrison 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 WashroomQuebec tables bill that includes fines of up to $1,500 for threatening politiciansCommittee for the Commonwealth of Canada v. Canada, [1991] 1 SCR 139Not 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 broadB.C. takes action to hold companies accountable for hurting peopleThe Much Broader Future of Cost Recovery Litigation in British ColumbiaBusiness Association Letter: Concerns on Scope of Bill 12Couple fights to rid Toronto home of heritage statusCanada 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) wonCourt strikes down laws restricting investigations by animal rights activists into animal crueltyAnimal 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 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 landOpinion: 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 eclipseNiagara police begin public safety plans for million expected to view solar eclipseKitchener 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 unlawfulDickson v. Vuntut Gwitchin First Nation, 2024 SCC 10Joanna 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 platformsNot 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 findsCalgary judge rules woman with autism can seek Medical Assistance in DyingPremier 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 orthodoxyHermes faces US lawsuit over ‘refusal’ to sell Birkin bag Manitoba PCs say bill banning anti-abortion protests near clinics should be expandedNot 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 lawsuitSection 176(2) of the Criminal CodeVaughan mayor seeks to ban protests at schools, religious institutionsProtecting 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 parksThe 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 BoyagodaNot 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 signsR. v. BykovetsPolice need search warrant to get IP address, rules Supreme Court of Canada in 5-4 split decisionOnline sex abuse: Accused Ontario med student avoids extradition to U.S.Arbitrator rules in favour of Ont. nurses fired for refusing COVID vaccinesQuinte 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 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 accountsQuebec Appeal Court Bill 21 ruling fuels debate on notwithstanding clauseMcGill, Concordia file lawsuits demanding Quebec cancel tuition hikePalestinian Canadians sue Foreign Minister Joly over arms exports to IsraelMANDEL: Luka Magnotta now in same medium-security prison as fellow killer Paul BernardoNot 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 warnOne cheer for the new Online Harms Act (Andrew Coyne)CCF concerned by Online Harms ActKeaan Bexte tweetJoanna Baron: The government doubles down on censoring the internetNot 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 findCan job postings in Canada exclude white people? Short answer: yes Judge rules challenge of Saskatchewan’s pronoun law can proceedJosh Dehaas: P.E.I. puts politeness over free speech by persecuting town councillorThe Evolving Debate Over Section 33 of the Charter The faulty received wisdom around the notwithstanding clause The Notwithstanding Clause: Legislatures, Courts, and the ElectorateThe Truck and the Brakes: Understanding the Charter's Limitations and Notwithstanding Clauses SymmetricallyNot 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 familiesTwo 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 vacanciesSCC’s output fell to 34 judgments in 2023, renewing questions, concerns within the barJudge overturns convictions of B.C. woman, accused of coughing on grocery workerChristine's tweet about the CBC Kids story on Emergencies Act decisionPaul Champ's tweet criticizing the Ottawa Police ServiceNot 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 ConvoyHub 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 secretJennifer Koshan tweetExploring the Link between Crime and Socio-Economic Status in Ottawa and Saskatoon: A Small-Area Geographical AnalysisThe Scourge of His Convictions (David Moscrop)Nora Loreto tweetNot 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 NunavutNunavut Lands and Resources Devolution AgreementNunavut premier full of hope as deal with Ottawa is signedBC Government Consulting on New Law to Give Indigenous Groups Control over Crown Land DecisionsVaughn Palmer: B.C. NDP quietly consult on sweeping changes to managing public landsBill C-26: An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other ActsYouth-led challenge of Ontario's climate plan goes before province's highest courtNew York City mayor declares social media an 'environmental toxin'CCF Intervening today in Supreme Court case on whether Indigenous governments are subject to Charter scrutinyKtunaxa 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 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 ActNot justified and unreasonable (Paul Wells)Federal Court finds Emergencies Act invocation violated rights, was unreasonableChristine Van Geyn: Emergencies Act was clearly unjustified — Liberals face steep path to appealJoanna Baron: The Federal Court’s Emergencies Act decision is happy vindication for those who care about the ConstitutionNot 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. girlCanada has a moral obligation to support South Africa’s genocide case against IsraelJoanna Baron: Accusing Israel of genocide is a gross distortion of the factsToronto police chief reverses course, identifies 'terrorist flag' waved at demonstrationThree men arrested at Avenue Road bridge after recent ban on demonstrationsLand acknowledgement tweet from Mona MoftakharPaul Champ tweet on Bill 21Is Canada ready to expand medical assistance in dying? Liberals will face that choice with deadline closing inNot 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: SIUVancouver police set to become highest-paid officers in Canada under tentative deal, union saysFederal Court expands definition of espionage in decision to bar Chinese student from CanadaIssue #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 billboardsKelowna mayor and council disavow councillor's column opining on global and local politicsRon Cannan: My predictions for Kelowna, BC and the world in 2024Not 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 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 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.

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 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.

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 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 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 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 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 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 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 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 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 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 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 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 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 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 1 of Not Reserving Judgment, we discuss new numbers from Quebec that show more doctors are going private, ask whether affirmative action has gone too far, and consider whether Canadians will ever get compensated for COVID-19 lockdowns.