Not Reserving Judgment
Episode 45: When can cops enter your driveway? Plus U of T wins & Quesnel mayor pushes back
Jul 3, 2024
Dive into a heated legal debate about when police can step onto your driveway without breaching rights. Discover the controversies surrounding a Quesnel mayor over a sensitive residential school book and her censure. Unpack the Ontario Court's ruling on property rights vs. protester freedoms at the University of Toronto. Lastly, explore the implications of a Saskatchewan case challenging police authority and the fine line between civil liberties and law enforcement.
52:03
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Quick takeaways
- The Supreme Court will review a case on police entry into driveways, balancing privacy rights with law enforcement needs.
- Quesnel's mayor faces censure over endorsing a controversial book, highlighting tensions between free speech and responsible governance.
Deep dives
Injunction Against Pro-Palestinian Protesters
A recent court decision mandated the dismantling of a pro-Palestinian encampment at the University of Toronto, ruling that the protesters did not have lawful permission to occupy the property. The Ontario Superior Court found that the protesters were infringing on the university's property rights and obstructing access to public spaces which other individuals wished to use. Justice Conan assessed the surrounding context and ultimately based the injunction on the Trespass to Property Act, not on any allegations of antisemitism or violence associated with the protests. Notably, the judge stipulated that free expression rights remain intact as long as they do not undermine property rights or the rights of others to use the same spaces.
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