Not Reserving Judgment

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.

On Episode 83, we explain how Premier Smith just made Alberta separation easier, and discuss what to expect from PM Carney on healthcare, pipelines and free speech. Plus, our Bad Legal Takes including the dubious claim that land acknowledgements aren't political. Stories and cases discussed in this week's episode: Christine Van Geyn: Beware Liberal, NDP attacks on free expression (National Post)Premier Smith's letter to Trudeau over the Impact Assessment Act (Alberta.ca)Alberta sets groundwork for referendum day after Liberal election victory (Western Standard)Debbie’s Law clears second reading, promises greater accountability in Manitoba Healthcare (Discover Westman)Land acknowledgments aren’t political. They uphold the rule of law in Canada (The Globe and Mail)Truck displaying graphic anti-abortion videos is driving around Hamilton. Police say it's not a crime (CBC News)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 82, we consider whether the Liberals' misleading MAGA buttons violated election laws; we discuss what to expect from Mark Carney on civil liberties if he wins on April 28; and we explain our argument at the Supreme Court on the right to inter-provincial travel. Stories and cases discussed in this week's episode: Liberal operatives planted 'stop the steal' buttons at conservative conference (CBC News) Victory for Canadian Constitution Foundation: court strikes down election censorship law (The CCF)It’s time to end the sedition in Ottawa by enforcing the law and following the money (Globe and Mail)CCF Takes Interprovincial Mobility Rights to Supreme Court of Canada (The CCF)Supreme Court to consider if COVID travel bans violated charter mobility rights after woman missed mother's funeral (National Post)Poilievre vows to use notwithstanding clause to support consecutive murder sentences (CTV News)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 81, we discuss why we're taking UBC to court for its political activity, we walk you through an Ontario Court of Appeal decision that found Ontario's COVID-19 protest ban violated peaceful assembly, and we explain why McGill is breaking with its student union. Stories and cases discussed in this week's episode: WARMINGTON: Why punish guy trying to free Sir John A. Macdonald from a box?McGill cuts contractual relationship with student union following pro-Palestinian protestUBC professors taking school to court over ’political’ actions by administrationCOVID-19 rules barring protests in 2021 were unconstitutional: Ontario’s top courtHomeowners with treeless yards in Quebec town risk $200 'tree police' taxNot 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 80, we tell you about a new citizenship law on a Saskatchewan First Nation that would allow people to be banned based on 'maturity,' and we walk you through a decision that found the government owed no duty of care to a boy who died after the COVID-19 vaccine. Stories and cases discussed in this week's episode: Hartman v. Attorney General of Canada et al., 2025 ONSC 1831 (CanLII) Test case on First Nation's citizenship law (Blacklock's)Carney says he will not repeal Liberals' anti-pipeline Bill C-69 (Western Standard)Poilievre in Hamilton: Says he'll repeal Bill C-69, sometimes known as 'no more pipelines act' (CBC News)Dickson v. Vuntut Gwitchin First Nation (SCC)Toronto District School Board v. Meta Platforms Inc., 2025 ONSC 1499 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 79, we discuss why the NSICOP Act limits what Pierre Poilievre can say after he gets a security briefing, we tell you about the curious constitutional challenge to closing some of Ontario’s safe injection sites, and we consider the constitutionality of an export tax on oil.Stories and cases discussed in this week's episode:Carney refuses to rule out export taxes on Alberta oil or Sask uranium and potash against US (Western Standard)Protecting Vulnerable Social Infrastructure By-law (City of Vaughan)CSIS alleges India organized support for Poilievre’s 2022 Conservative leadership bidRe: Exported Natural Gas Tax, 1982 CanLII 189 (SCC), [1982] 1 SCR 1004 (CanLii)Ontario consumption sites free to relocate, court hears, contrary to past statements (CP24)Supreme Court to hear challenge of law that curbs spy watchdog members (CBC News)National Security and Intelligence Committee of Parliamentarians Act, SC 2017, c 15 (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.