Not Reserving Judgment

In Episode 141, we tell you about reporting that says B.C. may be about to recognize the Tahltan have Aboriginal title over up to 11% of the province. Plus, we explain what's in the Ministry of Industry memo that says the government could start suing over misinformation on social media. Stories and cases discussed in this week's episode: Backed by Ottawa, BC negotiates governance, Aboriginal title...

In Episode 140, we tell you about the case of a Muskoka, Ontario, drag performance critic charged with criminal hate speech. Plus we discuss a new report that shows half of criminal charges in Canada are stayed or withdrawn. Stories and cases discussed in this week's episode: ‘Very vocal, very harassing and very bigoted’: Protester arrested at Muskoka Pride drag show (Gravenhurst Banner) Justice d...

In Episode 139, we tell you about the case of an Ontario couple who could be on the hook for $1 million or more in archeology and reconciliation fees, after finding ancient remains on their property. Plus, we tell you about Justice Glenn Joyal, the newest member of the Supreme Court. Stories and cases discussed in this week's episode: Alberta enacts a U.S.-style two-tier health care system (Policy...

In Episode 138, we update you on the case of a small-town mayor fined for opposing a Pride proclamation, and we explain why we think the Quebec government owes taxi drivers for taking their property. Plus, our Bad Legal Takes of the Week go to the CCLA and Amber Mac. Stories and cases discussed in this week's episode: Quebec taxi permit holders are asking the Supreme Court to hear their case (City...

In Episode 137, we explain why the Carney government's plan to regulate artificial intelligence and social media may be the biggest threat to free speech in decades. Plus, Ontario’s Court of Appeal overturns ruling that found a law blocking animal activists from farms violated free speech. Stories and cases discussed in this week's episode: Bill C-34, the Safe Social Media Act, Explained (TheCCF.c...

In Episode 136, we explain why Nanaimo, British Columbia got our 2026 Municipal Muzzle Award for censoring Ben Bankas' comedy show, and we explain the status of Bill C-9, which would chill religious speech and may now also outlaw residential school 'denialism.' Stories and cases discussed in this week's episode: CCF’s Municipal Muzzle Award Calls Out Nanaimo for Cancelling Comedy (TheCCF.ca) Share...

In Episode 135, we take a deep dive into an decision that says Waterloo Region can't tear down a homeless encampment to build a transit hub because that would violate the rights to life, liberty, security of the person and equality. Plus, Alberta to hold a referendum on a referendum. Stories and cases discussed in this week's episode: Premier Doug Ford could use notwithstanding clause on Waterloo...

In Episode 134, we tell you about a BC Human Rights Tribunal decision that finds holding the classical liberal view on DEI is not a protected political view, unlike socialism. Plus, we discuss the newly-created tort of intimidate partner violence. Stories and cases discussed in this week's episode: Gordon v. Simon Fraser University, 2026 BCHRT 101 (BCHRT) Ahluwalia v. Ahluwalia (Supreme Court of C...

In Episode 133, we explain why Kelowna can move ahead with its petition to rein in Freedom Rally protesters and we discuss an Edmonton Police pilot project using bodycams and facial recognition software. Plus, we share our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Kelowna (City) v Lindsay, 2026 BCSC 842 ( CanLii ) City of Kelowna wins court battle to proceed...

In Episode 132, we tell you what conservatives and libertarians are clashing over at the Canada Strong and Free conference in Ottawa. Plus, we tell you about our latest victory on the free speech front. Stories and cases discussed in this week's episode: CCF Victory: South Bruce Peninsula, Ontario reverses unconstitutional protest ban (TheCCF.ca) CCLA Condemns Ontario’s Expansion of Arrest Powers...

In Episode 131, we discuss whether the University of Lethbridge's banishment of Professor Frances Widdowson violated the right to freedom of expression, and we tell you about a Nova Scotia law that bans naming kids who died in care. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Bill that shields identity of children in care even after death receives roy...

In Episode 130, we explain our concerns that the upcoming Online Harms Act will include a digital safety commissioner tasked with censoring speech online, and we walk you through our successful challenge to Nova Scotia's woods ban. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: ‘Serious’ On Internet Controls (Blacklock's Reporter) Statement on removal of...

In Episode 129, we explain why floor crossings are constitutionally permitted in Parliament even if they betray local voters, and we dig into the Canada Research Chair program's quotas, which lead to professor job postings limited to only women and people with disabilities. Stories and cases discussed in this week's episode: 2019 Addendum to the 2006 Canadian Human Rights Settlement Agreement (Can...

In Episode 128, we discuss the impact of the $90-billion Alto high-speed rail proposal on property rights, and we explain why we're opposed to Quebec's Bill 9, which would ban prayer in many public places. Plus, we give you our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode:   Alto's CEO answers questions about the high-speed rail project (CBC News) Special expropr...

In Episode 127, we consider whether Ontario's and Alberta's attempts to get politics out of the classroom will help or hinder freedom of expression. Plus, we explain our concerns with C-22, a federal bill that would require telecom companies to keep track device locations for one year. Stories and cases discussed in this week's episode:   Ford government warns school boards to keep graduation cere...

In Episode 126, we explain what happened this week at the Supreme Court in the notwithstanding clause case, we explain why the R v Singer decision means you should consider putting up a No Trespassing sign. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: How a ban on religious symbols has triggered a Canadian constitutional debate (BBC) R. v. Singer, 2026...

In Episode 125, we give you a full recap of the three-day hearing in Halifax into the constitutionality of Nova Scotia's ban on traveling into the woods, and we explain why Ontario Premier Doug Ford's attempt to shut down the Al-Quds Day protest properly failed. Plus, our Bad Legal Takes of the Week Stories and cases discussed in this week's episode: Final arguments made in Nova Scotia woods ban c...

In Episode 124, we explore both the practical and theoretical constitutional consequences of Alberta separation, however unlikely, and particularly for Indigenous groups in that province. Christine explains the recent Kanyinda decision from the Supreme Court of Canada (Quebec (Attorney General) v. Kanyinda, 2026 SCC 7) and it looks like, once again, we have more "bubble zones" to fight. Stories an...

In Episode 123, we explain the new agreement between Canada and the Musqueam Nation recognizing Aboriginal title in Greater Vancouver. Plus, we discuss the new mandatory Indigenous cultural course requirement for all lawyers in the Province of Ontario. Stories and cases discussed in this week's episode: ‘Alarming’: Police monitoring released murderer ‘closely’ as community expresses concern (CP24)...

In Episode 122, we explain why we're horrified that the B.C. Human Rights Tribunal has ordered former school trustee Barry Neufeld to pay teachers $750,000 for his speech. Plus, we update you on a disturbing new way that Bill C-9 could infringe on freedom of expression. Stories and cases discussed in this week's episode: Bill C-9 to protect indigenous sacred sites including unmarked graves under n...

In Episode 121, we explain our concerns over Durham Region's new "non-criminal hate incident" reporting program, we discuss the Supreme Court's decision in Taylor, which finds a broad right to free movement in Canada, and we give you our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Community-Based Hate Reporting Program (Durham Region) Met Police says it will no...

In Episode 120, we explain our concerns with Manitoba's expropriation of a long-term care home, discuss a lawsuit alleging the RCMP violated the free expression of a journalist documenting a pipeline controversy, and we introduce our new Counsel, Alexander Surgenor. Stories and cases discussed in this week's episode: Manitoba government plans to expropriate Lemay Forest, turn it into provincial pa...

In Episode 119, we discuss Alberta Premier Danielle Smith's letter to Prime Minister Mark Carney threatening to withhold funding if Alberta doesn't get more say in judicial appointments. Plus, we explain why we disagree with the Federal Court of Appeal that plastic is "toxic." Stories and cases discussed in this week's episode: Danielle Smith calls on Mark Carney to give Alberta more say in select...

In Episode 118, we give you a full recap of Ontario's appeal of a decision that found a law designed to remove bike lanes from Toronto violated the rights to life and security of the person. Plus, we discuss whether government should ban social media for kids under age 14. Stories and cases discussed in this week's episode: Toronto cyclists defend bike lane challenge before Ontario's top court (CB...

In Episode 117, we tell you about our new case involving a Windsor man arrested for skating while protesting with a sign about the local budget. Plus, we walk you through the Federal Court of Appeal decision that found invoking the Emergencies Act violated Charter rights. Stories and cases discussed in this week's episode: Christine Van Geyn: Feds spent millions defending Trudeau's Freedom Convoy...