Not Reserving Judgment

Explore the legal battle as Newfoundland fights for justice over federal equalization formulas. Delve into the controversial enforcement of COVID-19 gathering limits, revealing disparities in how protests are treated. Discover the ongoing debate about mandatory union dues and conscience rights that stirs intense opinions. The podcast also critiques university responses to free speech issues, highlighting the complex tensions between expression and social sensitivity. Each topic presents engaging insights into Canadian rights and freedoms.

On Episode 40, we discuss the University of Toronto's request for a court order to clear out the campus occupiers; we talk about whether a good Samaritan law meant to prevent overdoses protects drug dealers against drug charges; and we update you on the MPP Sarah Jama affair.Stories and cases discussed in this week's episode:MPP Sarah Jama’s court challenge of her censure at Ontario legislature is dismissedUpdated: Partial injunction granted against pro-Palestinian encampment at UQAMThe Governing Council of the University of Toronto v Jane and John DoeSaskatchewan argues for limits on federal Good Samaritan drug actWill U of T’s convocation overlap with the encampment protest? A judge holds the answer in his hands An Act to amend the Food and Drugs Act (warning label on alcoholic beverages)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 39, we discuss McGill's failed attempt to get an injunction against the protesters occupying campus; we tell you about a disappointing court ruling that upheld a B.C. vaccine mandate; and we explain why an arbitrator found Canada Post's vax mandate unreasonable.Stories and cases discussed in this week's episode:City surrendered to Uber's bullying tactics and abandoned Ottawa cabbies, judge rulesChris Selley: Cities have made their bylaws into an assA judge ruled that tacos and burritos are sandwiches. What do you think?Here’s what I learned from my conversation with Justin Trudeau: There’s only one way to fix Canada and everyone is going to hate it Quebec court rejects McGill injunction request to remove encampmentCanada Post was wrong to suspend unvaccinated remote workers during COVID, arbitrator rulesJosh Dehaas: Is there a Charter right to campus encampments? UnlikelyCourt upholds B.C.'s COVID-19 health-care vaccine mandateNot 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 38, we discuss what formerly secret testimony about the invocation of the War Measures Act tells us about history repeating itself; we explain the court ruling that considered whether bylaw can ban swinging, and we give our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode:We need a law against lying in politicsJosh Dehaas: The Trudeau family tradition of invoking unnecessary emergency powersCalgary swinger will continue to have group sex parties in his home, lawyer saysThe FLQ and the October CrisisBeware predictions of a Senate-created constitutional crisis Howard Anglin and Ray Pennings: Canada is careening towards a constitutional crisis in the SenateGroup sex parties are okay, but social club sex gatherings aren't, Calgary judge saysNot 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 37, we tell you about the new sabotage provision snuck into the foreign interference bill; we discuss Poilievre's proposed use of the notwithstanding clause; and we explain why we oppose the federal program that funds activists to sue the government. Stories and cases discussed in this week's episode:BILL C-70: An Act respecting countering foreign interferenceTasha Kheiriddin: Liberal foreign interference bill won't stop Chinese meddlingMontréal (City) v. 2952-1366 Québec Inc.Irwin Toy Ltd. v. Quebec (Attorney General), 1989 CanLII 87 (SCC)New sabotage offence in foreign-interference bill needs amending, say civil liberties and constitutional expertsPM Anxious To Keep RidingIf Pierre Poilievre doesn’t want to be portrayed as an authoritarian leader, maybe he should stop talking like onePierre Poilievre prepares to embrace the notwithstanding clause — and all its controversyThe campus occupations aren’t protected by free speech, because they aren’t speechSex offender asks Norway's Supreme Court to declare social media access is a human rightAn Act to amend the Department of Canadian Heritage Act (Court Challenges Program)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 36, we tell you about a challenge to Newfoundland's COVID-19 travel restrictions that's heading to the Supreme Court; we explain why a rare hate crime charge has been dropped; and we discuss why a B.C. woman's civil disobedience landed her 60 days in jail.Stories and cases discussed in this week's episode:Fairy Creek old-growth protesters celebrate as a slew of contempt charges are withdrawnGreen Party deputy leader gets jail time for Fairy Creek protestsFeds halt deportation of B.C.-based climate activistN.B. police officers stop investigating most reports of gas theftMP Kevin Vuong's tweetTaylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII)Supreme Court of Canada to hear appeal of N.L.'s COVID-19 travel banWhen does hate become criminal?: Christine Van Geyn for Inside PolicyInfant, grandparents killed in Highway 401 crash after police pursuit from LCBO robberyAntigone: A Detailed Summary of Sophocles’ Famous PlayNot 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 35, Josh and Joanna discuss the possible merits and demerits of a proposed mandatory drug treatment law in New Brunswick and the pro-Hamas protests roiling U.S. college campuses and Canadian cities. Plus, they give their Bad Legal Takes of the Week.Stories and cases discussed in this week's episode:Higgs won't rule out notwithstanding clause for addiction treatment billBill on forced addiction treatment will include evaluation process, minister saysFord government says Highway 413 construction could begin next year Ottawa ‘plainly overstepped’ with environmental assessment law, Supreme Court rulesKeri Froc's submission for CBA on proposed Compassionate Care Act LILLEY: In Milton's byelection Gaza is dominating, not local issuesUnpacking involuntary interventions for people who use drugsForeign landlord fails to pay taxes, CRA goes after tenantJoanna Baron: It’s time to stop giving the pro-Palestine protestors the benefit of the doubtMobs of people that want me dead': Columbia University moves classes online amid massive anti-Israel protestsMatt Gurney: Freeland knows better than this. Or at least, she used toNot 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 34, Josh explains why he thinks Governor General Mary Simon should resign; Christine gives you the highlights of the Canada Strong and Free Network conference including Poilievre's speech, and Joanna tells us about a Quebec law aimed at protecting politicians.Stories and cases discussed in this week's episode:Jamie Sarkonak: Governor General's online harm symposium was unbefitting of her office“Apolitical” Simon Likes BillGave $96,100 To CBC PunditMPs To Review GG Expenses$18M For Frankfurt High LifeHarrison Lowman: Will Poilievre’s coalition of loud new populists and old-guard conservatives hold?Right-Wing Media Personality Goes Viral After Posting ‘Weird’ and ‘Creepy’ Video Recorded Inside Airport WashroomQuebec tables bill that includes fines of up to $1,500 for threatening politiciansCommittee for the Commonwealth of Canada v. Canada, [1991] 1 SCR 139Not 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 33, we tell you about a concerning new British Columbia law that will make it easy for governments to sue companies for products that may cause harm to health; we walk you through a fascinating decision overturning a portion of an Ontario law aimed at keeping animal rights activists from filming on farms; plus we share our Bad Legal Takes of the Week.Stories and cases discussed in this week's episode:B.C. business groups say legislation to sue social media companied is too broadB.C. takes action to hold companies accountable for hurting peopleThe Much Broader Future of Cost Recovery Litigation in British ColumbiaBusiness Association Letter: Concerns on Scope of Bill 12Couple fights to rid Toronto home of heritage statusCanada Tonight interview with Niagara Falls mayor about eclipse state of emergency‘We had to challenge it’: How animal-rights groups fought Ontario’s Bill 156 and (mostly) wonCourt strikes down laws restricting investigations by animal rights activists into animal crueltyAnimal Justice et al. v A.G of Ontario, 2024 ONSC 1753 (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 32, we tell you about secretive plans in Waterloo Region to expropriate farmland; we explain the new Supreme Court of Canada decision that says Charter rights may sometimes yield to Indigenous rights; and we explain why declaring an emergency for a solar eclipse in Niagara Region is not only misguided but unlawful.Stories and cases discussed in this week's episode:Wilmot Township farmers prepare to fight back after Region of Waterloo plans to expropriate landOpinion: Online Harms Act focuses on the wrong end of the problem'It's going to be crazy:' Niagara Falls mayor says city preparing for up to 1 million visitors for solar eclipseNiagara police begin public safety plans for million expected to view solar eclipseKitchener developer made offers on six Wilmot farms a month before the region Christine Van Geyn: A solar eclipse is not an emergency and declaring it one is unlawfulDickson v. Vuntut Gwitchin First Nation, 2024 SCC 10Joanna Baron: Supreme Court confirms that the Charter applies to Indigenous governments—except when it doesn’t'Nonsense:' Ford slams lawsuits filed by Ontario school boards against social media platformsNot 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.