Not Reserving Judgment

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.

On Episode 71, we explore the constitutionality of Alberta seceding from Canada, we update you on several of the cases that we're working on, we tell you why Meta's new policy doesn't promote hate speech, and explain how your tax dollars funded pro-carbon tax legal groups.Stories and cases discussed in this week's episode:Feds Paid Carbon Tax FriendsReference re Secession of Quebec, 1998 CanLII 793 (SCC)Tasha Kheiriddin: Liberal response to Trump tariffs could break the country apartInterprovincial travel case intervention (Taylor v. Canada)Prince Edward Island free expression case (John Robertson)CCF to appear at Supreme Court in case about the scope of police search powersWard v. Quebec, 2021 SCC 43 (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 70, we tell you about some tiny steps B.C. and Alberta are taking toward free trade; we discuss a new report that ranks Canada’s health care as second-last among peers, and we tell you about a vaccine mandate lawsuit dismissed for its "outlandish" claims.Stories and cases discussed in this week's episode:Another expensive court loss for anti-vaccine mandate lawyerDorceus v. Ontario et al., 2024 ONSC 7087Canada’s health-care system falls behind most peer countries: Report Troubling Diagnosis: Comparing Canada’s Healthcare with International Peers (C.D. Howe Institute)Canada: A playbook for scoring on your own goal (National Bank)With wine flowing between B.C. and Alberta, makers look to free trade across Canada Ottawa Paid $369K To Silence Critics (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 69, we tell you about the Liberals' desire to make it even easier to use the Emergencies Act and freeze bank accounts; we discuss whether Justin Trudeau's prorogation is constitutional; and we tell you about some of the bad bills that are now likely to die.Stories and cases discussed in this week's episode:Heegsma v. Hamilton (City), 2024 ONSC 7154 (CanLII)City of Hamilton aims to end tent encampments in parks, says mayor following court winHoward Anglin: The Governor General should not allow Trudeau to prorogue to hold a full Liberal leadership race CRA to continue with capital tax changes despite prorogation: Finance Department Trudeau resignation puts capital gains tax hike 'on life support,' but CRA still messing upWith the House of Commons prorogued, some key Liberal legislation may not passTwo men file unprecedented legal challenge against Trudeau's request for prorogationNot 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.