Not Reserving Judgment

In Episode 116, we consider whether York University's Student Centre violated the freedom of expression of an MP and students who wanted to hear him speak, plus we speculate about who will be the new Supreme Court of Canada justice after the Hon. Sheilah Martin retires. Stories and cases discussed in this week's episode: Conservative MP says York University Student Centre blocked his campus discus...

We tell you about Wolf Ruck's successful challenge to Mississauga's anti-weeds bylaw, the dropping of a ticket issued by Kingston police who used a surveillance drone, and a proposal to criminalize "condoning, denial, justification, or minimization" of residential schools. Stories and cases discussed in this week's episode: VICTORY: Ontario court strikes down bylaw that let city mow down naturaliz...

On Episode 114, we explain why we think that banning calls to "globalize the intifada" would be counter-productive, we discuss the Liberals' new crime bill that would create special rules for "femicide," and we tell you who was naughty and who was nice for civil liberties in 2025. Stories and cases discussed in this week's episode: CCF Unwraps 2025 Naughty & Nice List (TheCCF.ca) 'It's just to...

On Episode 113, we have an exclusive story of big pharma attacking a University of Toronto professor for his views on DEI, we tell you about judges suing to get a $28,000 raise, and we explain how a New Brunswick court decision could help protect private property nationwide. Stories and cases discussed in this week's episode: Implications for BC of the NBCA Decision on Aboriginal Title and Private...

On Episode 112, we tell you about a proposal hidden in the budget bill that would allow ministers to exempt people from nearly any law, we explain the B.C. decision that found UNDRIP can be used to interpret laws, and we discuss the forced apology of Derek Reimer. Stories and cases discussed in this week's episode: Justice minister hopes new group tackles provincial court suspension by February (C...

On Episode 111, we discuss Quebec's plan to ban prayer in public spaces like universities, we debate whether Ottawa should remove the "good faith" religious speech exemption from hate speech laws, and we tell you about the Montreal police's new AI surveillance software. Stories and cases discussed in this week's episode: Chris Selley: Quebec's war on religion goes to a whole new level (National Po...

On Episode 110, we discuss Alberta's proposal for flexible practice that would allow more doctors to offer private surgeries, we explain Alberta's plan to protect the freedom of speech of professionals, and we debate whether Ontario should really get rid of the bar exams. Stories and cases discussed in this week's episode: ‘We’re going to walk before we run’: Alberta Health Minister Adriana LaGran...

On Episode 109, we discuss whether a constitutional amendment to section 35 could fix the uncertainty surrounding Aboriginal title claims, and we speculate about why the Supreme Court decided to hear an appeal of a Saskatchewan decision on gender pronouns in schools. Stories and cases discussed in this week's episode: MLA seeks clarification on province's stance on Aboriginal title claim for Kamlo...

On Episode 108, we discuss Josh's testimony in Parliament on Bill C-8, which would allow the minister to cut off phone or Internet access, and the Supreme Court of Canada decision that found a one-year minimum sentence for child pornography is "cruel and unusual punishment."   Stories and cases discussed in this week's episode: Liberal MP moves to muzzle “hateful” religious scripture (Juno News) S...

On Episode 107, we discuss Alberta Premier Danielle Smith's use of the notwithstanding clause to immunize her back-to-work legislation for teachers, and we explain a failed proposal in B.C. to ban certain land acknowledgments. Plus, our Bad Legal Takes of the Week.   Stories and cases discussed in this week's episode: Bill C-2, the Back to School Act (Alberta Legislature) Land Acknowledgement Proh...

On Episode 106, we explain why the proposed hate speech law C-9 really could lead to jail for your memes, we discuss whether the Liberals' proposed tough-on-crime legislation will be constitutional, and we talk about some shocking letters handed out to B.C. property owners.   Stories and cases discussed in this week's episode: Bill C-9, An Act to amend the Criminal Code (hate propaganda, hate crim...

On Episode 105, we explain why B.C. consenting in court to Aboriginal title of all of Haida Gwaii is causing controversy, we discuss the intersection of artificial intelligence and free speech, and we give you our thoughts on the lawsuit against Toronto Metropolitan University.   Stories and cases discussed in this week's episode: The Council of the Haida Nation v. British Columbia, 2025 BCSC 1806...

On Episode 104, we explain our concerns with Bill C-8, which would allow the government to secretly cut people off from the Internet, we discuss the constitutionality of the gun grab, and we discuss whether a University of Alberta law professor's academic freedom was violated.   Stories and cases discussed in this week's episode: What Happened to the University’s Commitment to Free Expression? Cha...

On Episode 103, we tell you why the Carney government's surprise notwithstanding clause argument could stoke separatism, we explain our concerns with the government's proposal for new hate crimes, and we discuss whether Canada's recognition of Palestine really matters.   Stories and cases discussed in this week's episode:   Liberals ‘confident’ Canadians will 'voluntarily' obey gun confiscation sc...

On Episode 102, we explain why the Carney government's border security bill, C-2, is raising red flags for privacy; we tell you about our new children's book Maple's Garden, and we explain why the Liberals' version of bubble zones for religious institutions might not be so bad.   Stories and cases discussed in this week's episode:   Maple's Garden: A Canadian Freedom of Speech Story (Amazon.ca) Bi...

On Episode 101, we discuss the conviction of an Ontario man for terrorism and hate speech, we explain our concerns with the investigation of a Juno News journalist for his report on a Liberal federal election candidate, and we tell you about some new tough-on-crime proposals.   Stories and cases discussed in this week's episode:   Ottawa man sentenced to 10 years over neo-Nazi terrorist propaganda...

On Episode 100, we answer YOUR questions. Can the government ban cash? Do Canadians have any gun rights? Why do cops wait for injunctions? What are the worst Supreme Court decisions of all times? Who do we like better: Katy Perry or Taylor Swift? Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.   The show is brought...

On Episode 99, we discuss the case of an Ontario homeowner charged after he responded to a home intruder late at night, we tell you about our hearing in the Nova Scotia woods ban case, and we explain why Hamilton's mayor may get away with censoring a billboard.   Stories and cases discussed in this week's episode:   Ontario man charged after confronting intruder inside home allegedly used knife, c...

On Episode 98, we walk you through the monumental Cowichan decision, which found aboriginal title to 1,845 acres of greater Vancouver including over property owned in fee simple, and explain why we disagree with the $94,000 cost award against nurse Amy Hamm.   Stories and cases discussed in this week's episode:   Cowichan Tribes v Canada (Attorney General), 2025 BCSC 1490 (CanLII) The Less Certain...

On Episode 97, we tell you about some of the arguments we intend to make when we challenge Nova Scotia Premier Tim Houston's ban on walking in the woods. Plus we tell you about a decision that found first-past-the-post voting is not unconstitutionally racist or sexist.   Stories and cases discussed in this week's episode:   CCF Petition: Tell Premier Houston to Re-open Nova Scotia Trails The criti...

On Episode 96, we explain what's wrong with the Ontario court decision that found a constitutional right to bike lanes in Toronto, and we tell you about Nova Scotia Premier Tim Houston's outrageous ban on walking in the woods. Plus, our Bad Legal Takes of the Week.   Stories and cases discussed in this week's episode:   Cycle Toronto et al. v. Attorney General of Ontario et al., 2025 ONSC 4397 (Ca...

On Episode 95, we discuss the de-banking of a Freedom Convoy lawyer; we dig into the acquittal of five hockey players who were accused of sexually assaulting a woman in a London, Ont., hotel room; and we explain why bubble zones are a serious risk to freedom.   Stories and cases discussed in this week's episode:     R. v. Akbari, 2025 ONCJ 398 (CanLii)  Joanna Baron: The Hockey Canada sexual assau...

On Episode 94, we discuss Parks Canada's dubious decision to cancel the permit of a MAGA-supporting singer, we tell you about our new intervention in a case challenging the Impact Assessment Act, and we discuss Premier Smith's proposals for constitutional amendments.   Stories and cases discussed in this week's episode:   Permit revoked for MAGA musician's concert at Parks Canada site, but show wi...

On Episode 93, we discuss a heroic citizen's arrest in Ottawa and walk you through Alberta's new ban on sexually explicit books in schools. Plus, we share our Bad Legal Takes of the Week, including a proposal to ban terror symbols and a non-binary American's asylum claim.   Stories and cases discussed in this week's episode:   Man stops Ottawa robbery suspect with dog-leash handcuffs, raising ques...

On Episode 92, we tell you about our newest case, which will challenge a ban on holding signs in Niagara Falls city council chambers, and we will explain whether border officials can demand the password to your phone or laptop. Plus, our Bad Legal Takes of the Week.   Stories and cases discussed in this week's episode:   Crossing the U.S. Border? Keep Your Electronic Devices Safe from Searches Can...