Not Reserving Judgment

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 G...

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...

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...

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...

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,...

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...

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...

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 wi...

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...

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...

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...

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 farm...

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 i...

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 af...

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 discusse...

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 lawsui...

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 an...

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 di...

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 case...

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 discusse...

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 act...

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...

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 wee...

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 dom...

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. S...