On Episode 87, we tell you about Toronto's new bubble zone bylaw (a.k.a. protest ban), we discuss whether police can use Clearview AI facial recognition technology without violating privacy rights, and we update you on our latest win for free speech in Whitehorse, Yukon. Stories and cases discussed in this week's episode: CCF to drop lawsuit after …

On Episode 86, we discuss the Federal Court decision green-lighting the killing hundreds of ostriches on a farm in B.C., we tell you about two new decisions that found vaccine mandates breached Charter rights, and we give you our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Labour board rules denial of religious …

On Episode 85, we tell about the outrageous decision by Kingston Police to use drones to spy on drivers in their cars, we explain why Canada's privacy laws are overdue for an update, and we walk through the dubious claim that First Nation treaties could block Alberta separation. Stories and cases discussed in this week's episode: Kingston Police Tr…

On Episode 84, we tell you about a proposed Ontario law that would allow police to seize suspected 'proceeds' of drugs from landlords, we discuss whether kids have a constitutional right to a particular climate change target, and we update you on western separation efforts. Stories and cases discussed in this week's episode: Ontario Attorney-Genera…

On Episode 83, we explain how Premier Smith just made Alberta separation easier, and discuss what to expect from PM Carney on healthcare, pipelines and free speech. Plus, our Bad Legal Takes including the dubious claim that land acknowledgements aren't political. Stories and cases discussed in this week's episode: Christine Van Geyn: Beware Liberal…

On Episode 82, we consider whether the Liberals' misleading MAGA buttons violated election laws; we discuss what to expect from 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 plante…

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…

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 Genera…

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 refus…

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: R…

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 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), 20…

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!By Canadian Constitution Foundation

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…

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 f…

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,…

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,…

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 ‘da…

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 Fri…

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 fo…

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), 2…

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…

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!By Canadian Constitution Foundation

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…

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 16…

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 Prom…

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 …

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 hal…

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 day…

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 Barbecu…

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 orde…

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 W…

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 H…

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 th…

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 r…

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 l…

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 …

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!* Stor…

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!* Stor…

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 sh…

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 s…

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 …

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!* St…

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!* S…

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 Whe…

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 …

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…

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 …

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 pande…

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 cour…