Not Reserving Judgment

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.

On Episode 78, we discuss the B.C. premier's apparent power grab (Bill 7); we explain why it was wrong to discipline B.C. nurse Amy Hamm for her off-duty speech about sex; and we tell you about hate crime charges in Toronto. Plus, our thoughts on Mahmoud Khalil's deportation.Stories and cases discussed in this week's episode:CCF to Premier Eby: Reconsider Bill 7’s Brazen Power GrabAmy Hamm: I spoke the truth about women's rights. That isn't professional misconduct (National Post)B.C. College of Nurses and Midwives v Amy Eileen Hamm (BCCNM)Man Charged with Advocating Genocide and 28 other charges in Hate Crime Investigation (Toronto Police)Man faces rare charge of advocating genocide against Jewish community, Toronto police say (CBC News)In Re George Edwin Gray, 1918 CanLII 533 (SCC), 57 SCR 150 (CanLii)The B.C. government’s Bill 7 is an indefensible power grab (Globe and Mail)Mahmoud Khalil Is an Easy Call (Reason)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 77, we tell you why an Ontario man has to pay drag performers $380,000 for his 'groomer' comments, we discuss the constitutional limits of PM Carney's position, and we explain why the new election spending decision was not 'Canada's Citizen's United.'Stories and cases discussed in this week's episode:Man must pay $380K for ‘hate speech’ on his northern Ont. Facebook pageHoward Anglin: The constitutional limits on Carney’s powers as prime minister Top court finds Ontario spending limits on 3rd-party election ads unconstitutionalOntario (Attorney General) v. Working Families Coalition (Canada) Inc.Pro-Palestine Protesters Acquitted, Launch Charter Rights ChallengeNot 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 76, we explain what happened in an appeal of Mississauga's decision to mow down a man's naturalized garden; we update you on our Calgary anti-protest bylaw challenge; and we tell you about a teacher bragging about keeping kids from reading about Elon Musk.Stories and cases discussed in this week's episode:Ruck v. Mississauga (City), 2025 ONCA 147 (CanLII)Ruck v. City of Mississauga, 2024 ONSC 2579 (CanLII)Teacher-Librarian trashes Elon Musk bookOntario Court of Appeal sends decision on homeowner’s naturalized garden back to lower courtLegal challenge over Calgary's protest bylaw heads to courtNot 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.

In lieu of our regular programming this week, we're sharing Litigation Director Christine van Geyn's recap of yesterday's court hearing on the City of Calgary's ban on specified protests outside of recreational centres and libraries. We'll be back next week with a regular episode!

On Episode 74, we tell you about a new report on the program doling out taxpayer dollars to activist groups suing the government; we discuss a new election signs bylaw in St. Catharines, Ont.; and we tell you about a Supreme Court case about when police can enter your property. Stories and cases discussed in this week's episode:St. Catharines bans display of election signs on non-residential property (CHCH)CCF at the Supreme Court in case about police search powers TODAY February 18The Court Challenges Program – How your tax dollars fuel social justice activism through the courts: Dave Snow and Ryan Alford (MacDonald-Laurier Institute)Christine Van Geyn: When governments pay to sue themselves on your dime (The Line)Rubio spars with Brennan over Vance’s Munich speech (The Hill)Explaining Canada’s Cult of ‘Decolonial Futurity’ to Americans (Quillette)Yarmouth not enforcing new bylaw prohibiting election signsNot 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 73, we consider Pierre Poilievre's novel interpretation of constitutional rights in relation to fentanyl; we discuss Calgary's attempt to have a questionable LGBT expert give evidence in our bylaw challenge; and we tell you about the monks buying up land in P.E.I.Stories and cases discussed in this week's episode:Monks, money and the fierce debate over PEI’s scarce landGovernment asked to order new investigation into Buddhist land ownership in P.E.I.'A privilege and an honour': Edmonton educator and advocate appointed to SenateStudents say they faced discrimination at UNB law school, filing complaintsSupreme Court won't disclose mysterious donor behind expensive gift for chief justicePickleball court fight dropped after petitioner's outburst at council meetingPoilievre says the Charter supports locking up drug kingpins without using the notwithstanding clauseNot 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.

Instead of our regular episode, Christine gives you a full recap of day two of arguments in our Emergencies Act appeal in the Federal Court of Appeal. Read more:Christine Van Geyn: Court ruling condemning use of Emergencies Act must be upheldNot 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.

Instead of our regular episode, Christine gives you a full recap of day one of arguments in our Emergencies Act appeal in the Federal Court of Appeal. Read more:Christine Van Geyn: Court ruling condemning use of Emergencies Act must be upheldNot 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 72, we tell you about our loss in a challenge to B.C.'s COVID-19 vaccine card program; we discuss the Supreme Court's decision to hear a legal challenge to Quebec's ban on religious symbols; and we tell you why hate crime charges in St. Albert are unlikely.Stories and cases discussed in this week's episode:Hamilton leaders denounce ‘dangerous rhetoric’ at Saturday protest near Jackson Square Second Cup cuts ties with Montreal franchisee, closes cafés over antisemitic remarks and gestureKassian v. British Columbia, 2025 BCCA 20No public spitting, drugs, panhandling, feeding birds or feral cats, and protest limits pitched for Edmonton's latest public behaviour rule book ‘Potentially disastrous’: The Hub’s legal experts react to the Supreme Court’s explosive decision regarding Quebec’s secularism law 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.