Not Reserving Judgment

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.

On Episode 31, we tell you about the firing of an Ontario librarian whose apparent crime was trying to diversify the collection; we walk you through a heart-breaking decision by a Calgary judge to allow a woman with autism to access assisted-death over her father's objections, and we share our new polling that shows Canadians are ready for major change on health care. Stories and cases discussed in this week's episode:Most Canadians want ‘major changes’ to healthcare system new research findsCalgary judge rules woman with autism can seek Medical Assistance in DyingPremier Ford clarifies fourplex comments despite insisting it would be a ‘disaster’Niagara-on-the-Lake library board fires CEO Cathy Simpson Monica Harris: The unjust firing of Ontario librarian who challenged DEI orthodoxyHermes faces US lawsuit over ‘refusal’ to sell Birkin bag Manitoba PCs say bill banning anti-abortion protests near clinics should be expandedNot 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 30, we explain why a proposed bylaw in Vaughan aimed at controlling hateful protests outside synagogues raises red flags; we explain the costs order made against an activist group defending dangerous encampments in Edmonton; plus we share our Bad Legal Takes of the Week.Stories and cases discussed in this week's episode:Advocacy group to pay City of Edmonton more than $11K in costs after failed encampment lawsuitSection 176(2) of the Criminal CodeVaughan mayor seeks to ban protests at schools, religious institutionsProtecting Vaughan’s places of worship, schools, childcare facilities and our hospital (Vaughan news release)Westendorp v. the Queen, 1983 CanLII 1 (SCC)Coalition for Justice and Human Rights Ltd v Edmonton (City), 2024 ABKB 148 (CanLII)Kingston to start enforcing daytime camping ban in city parksThe Supreme Court of Canada went viral for what it didn’t say about ‘a woman’A Q&A with U of T’s new adviser on civil discourse, Randy BoyagodaNot 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.