Not Reserving Judgment

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 questions about limits of citizen’s arrests (Globe and Mail)Section 494 of the Criminal Code of CanadaAlberta bans ‘explicit’ books in school libraries starting Oct. 1 (Global News)Judge halts deportation of non-binary American in landmark ruling after Trump’s gender edicts (Globe and Mail)Would Criminalize Swastika (Blacklock's)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

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 SearchesCanada rescinds digital services tax to advance broader trade negotiations with the United StatesExamining personal digital devices at the Canadian border (CBSA)Border Search of Electronic Devices at Ports of Entry (U.S. CBP)Constitution Foundation, lawyer for women's rights group put Niagara Falls on notice (The Pointer)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 91, we tell you about the arrest of three women for holding up a sign in city council, we discuss a new Quebec prison policy that will assign trans prisoners based on their anatomical sex, and we explain why a man was acquitted because he took magic mushrooms. Stories and cases discussed in this week's episode: Winnipeggers warned to keep their grass short or face finesThree women arrested in Niagara Falls for protesting city councillor charged with abuseCanada's Most Censorious Bylaws report Crown ordered to pay accused sex offender's $190 taxi fare due to N.S. courthouse closureB.C. man acquitted of sexual assault after blaming 'automatism' on magic mushroomsTensions rise as Midland resident defies library communication banNot Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 90, we tell you about a legal challenge to London, Ontario's "graphic images" bylaw that bans images of fetuses in public, and we discuss a legal challenge by a former University of Saskatchewan student (our friend Tim), who punished for his opinions on D.E.I. Stories and cases discussed in this week's episode: ARPA Canada Challenges London’s “Graphic Image” Bylaw as Unconstitutional Restriction on Pro-Life Expression (ARPA)London group to screen documentary on what it did to ban graphic anti-abortion flyers (CBC News)Jamie Sarkonak: He mildly questioned DEI. His law school calls that 'misconduct'Indigenous protesters set up tent 'occupation' at Queen’s Park over Bill 5 (Toronto Today)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 89, we tell you about the Liberals' plan to exempt big projects from any federal law without Parliamentary approval, Ontario's plans to reduce wokeness in education, and the shameful response to complaints about a Charlie Hebdo cartoon on an exam in Manitoba. Stories and cases discussed in this week's episode: Government rejects Bloc’s call to split internal trade, major projects legislationWhat federal Bill C-5, the One Canadian Economy Act, is all aboutNo jail time for B.C. man with ‘relatively modest’ child porn collection, judge rules'Wound is opened up again' after exam features controversial Charlie Hebdo cover: Muslim community leaderBill 33, Supporting Children and Students Act, 2025Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

On Episode 88, we tell you about a new bill that would ban big cash transactions, let police get some info without a warrant, and allow an immigration freeze. Plus, we discuss our new report on Canada's Most Censorious Bylaws, and a new law aimed at cultivating Quebec values. Stories and cases discussed in this week's episode: CCF Presents First-Ever Municipal Muzzle Award for Canada’s Most Censorious BylawBILL C-2Can Ottawa solve the problem of millions of expiring Canadian visas?Parents upset after student's suspension for wearing 'straight pride' shirt to N.B. schoolAbbotsford school division asks former teacher to move location of book launch to avoid 'intimidating' indigenous studentsLiberals introduce sweeping border reform bill affecting warrants, large cash transfersLiberal government tables border security bill with sweeping reforms and asylum claim clampdownQuebec passes bill requiring newcomers to adopt shared valuesNot Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

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 Whitehorse amends speech-restricting Civility Policy (CCF)Some protests in Toronto are crossing lines. We shouldn’t let city staff decide where those lines are (Toronto Star)Carson Jerema: The Governor General just undermined the King of Canada (National Post)Clearview AI Inc. v Information and Privacy Commissioner for British Columbia (CanLii)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

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 exemption from vax mandates breached Charter (Western Standard)WestJet ordered to pay 11 months' salary to accountant fired for refusing to be vaccinated (Calgary Herald)CFIA says B.C. ostrich cull will go ahead despite regional district refusing to accept the carcasses (CBC News)Terry Newman: Over 300 ostriches to be put to death. They may not even be sick (National Post)Universal Ostrich Farms Inc. v. Canada (Food Inspection Agency) (Federal Court)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

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 Traffic Safety Unit incorporates drone technology to address distracted driving Drone Surveillance of Drivers “Clearly Unconstitutional" (CCF)R. v. Jarvis, 2019 SCC 10 (CanLii)Jamie Sarkonak: Treaties can't be relied upon to stop Alberta from leaving (National Post)Says Privacy Is Now Pivotal (Blacklock's)New Brunswick's ban on swearing while drinking beer outside of your house (Lyle Skinner's Legislative Council)Popular Tofino beach closed to public as First Nations hold ceremony honouring dead whaleNot Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.

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-General defends Ford’s comments on judicial independence (Globe and Mail)Bill 10, Protect Ontario Through Safer Streets and Stronger Communities Act, 2025 (Ontario Legislature)NDP raise concerns about online petition on separation (SaskToday.ca)Supreme Court to hear appeal of Quebec ruling that invalidated random police stops (Lethbridge News Now)SCC denies leave to appeal in landmark case subjecting climate change regulation to Charter scrutiny (Borden Ladner Gervais)Smith dismisses Ford’s warning about separatist threats in Alberta (Global News)Preston Manning: When populism threatens to ‘blow,’ drill a relief well (Globe and Mail)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.