On Episode 105, we explain why B.C. consenting in court to Aboriginal title of all of Haida Gwaii is causing controversy, we discuss the intersection of artificial intelligence and free speech, and we give you our thoughts on the lawsuit against Toronto Metropolitan University. Stories and cases discussed in this week's episode:The Council of the Haida Nation v. British Columbia, 2025 BCSC 1806 (CanLii)B.C. government defends withholding details of shíshálh Nation deal (Vancouver Sun)Letting the Eby government negotiate Aboriginal title is perilous (Northern Beat)B.C. government announces First Nations land pact on Sunshine Coast, months after deal was inked (Globe and Mail)The Haida Aboriginal Title Judgment as Potentially Problematic Constitutional Entrenchment (Law for Breakfast) Law students sue TMU alleging defamation and discrimination over pro-Palestinian letter (Toronto Star) PTCC turns down booking request from OneBC (Penticton Herald)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 104, we explain our concerns with Bill C-8, which would allow the government to secretly cut people off from the Internet, we discuss the constitutionality of the gun grab, and we discuss whether a University of Alberta law professor's academic freedom was violated. Stories and cases discussed in this week's episode:What Happened to the University’s Commitment to Free Expression? Charlie Kirk, uAlberta, and Me (Centre for Free Expression)Crown lands bill would criminalize peaceful protests, critics say (CBC News)Bill C-8 would allow minister to secretly cut off phone, Internet service, CCF warnsBILL C-8, An Act respecting cyber securityOnly 14 of the 94 Calls to Action have been implemented. Criminalizing residential school denialism is the only way forward (Toronto Star)CTF offering free legal advice to Cape Breton gun owners targeted by federal gun grab (Canadian Taxpayers Federation)TELL YOUR MP: Fix Bills C-2 and C-8 to protect civil libertiesNot 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 103, we tell you why the Carney government's surprise notwithstanding clause argument could stoke separatism, we explain our concerns with the government's proposal for new hate crimes, and we discuss whether Canada's recognition of Palestine really matters. Stories and cases discussed in this week's episode: Liberals ‘confident’ Canadians will 'voluntarily' obey gun confiscation scheme (Juno)Bill C-9, An Act to amend the Criminal Code (parl.ca)Ottawa’s end run around the Constitution (The Globe and Mail)Josh Dehaas: Carney's move to limit notwithstanding clause is a threat to national unity (National Post)Canada recognizes a version of Palestine that only exists in Geneva’s dreams (Globe and Mail)Liberal hate crimes bill raises free speech concerns (TheCCF.ca)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 102, we explain why the Carney government's border security bill, C-2, is raising red flags for privacy; we tell you about our new children's book Maple's Garden, and we explain why the Liberals' version of bubble zones for religious institutions might not be so bad. Stories and cases discussed in this week's episode: Maple's Garden: A Canadian Freedom of Speech Story (Amazon.ca)Bill C-2 Backgrounder: New Search Powers in the Strong Borders Act and Their Charter Compliance (Robert Diab/SSRN)Backgrounder: Bill C-2 raises privacy concerns (TheCCF.ca)Carney government introducing bill to protect people entering religious, cultural buildings (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 101, we discuss the conviction of an Ontario man for terrorism and hate speech, we explain our concerns with the investigation of a Juno News journalist for his report on a Liberal federal election candidate, and we tell you about some new tough-on-crime proposals. Stories and cases discussed in this week's episode: Ottawa man sentenced to 10 years over neo-Nazi terrorist propaganda (Globe and Mail)R. v. MacDonald, 2025 ONSC 1939 (CanLii)Ottawa Targets Juno News: Criminal Probe Into Our Report on Liberal Candidate (Juno)City of Hamilton orders resident to take down 10 security cameras from his home (CHCH)Poilievre proposes “Stand on Guard” Law to expand self-defence rights in one’s home (Penticton Herald)Carney will introduce legislation next month to tighten bail system (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 100, we answer YOUR questions. Can the government ban cash? Do Canadians have any gun rights? Why do cops wait for injunctions? What are the worst Supreme Court decisions of all times? Who do we like better: Katy Perry or Taylor Swift?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 99, we discuss the case of an Ontario homeowner charged after he responded to a home intruder late at night, we tell you about our hearing in the Nova Scotia woods ban case, and we explain why Hamilton's mayor may get away with censoring a billboard. Stories and cases discussed in this week's episode: Ontario man charged after confronting intruder inside home allegedly used knife, court docs say (CBC News)Court Grants CCF Standing to Challenge Nova Scotia Travel Ban (The CCF)Michael Higgins: 'Naive' Canadian doctor embroiled in trans controversy (National Post)John Sikkema: Hamilton, where billboards can't question transgender children (National Post)Vancouver parents blocked from teaching their kids to swim in public pools (Vancouver Sun)The forgotten freedom: Reviving rational debate in Canada’s public sphere (MacdonaldLaurier.ca)The Road to Censorship: How Canada Lost its Way on Freedom of Speech (C2C Journal)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 98, we walk you through the monumental Cowichan decision, which found aboriginal title to 1,845 acres of greater Vancouver including over property owned in fee simple, and explain why we disagree with the $94,000 cost award against nurse Amy Hamm. Stories and cases discussed in this week's episode: Cowichan Tribes v Canada (Attorney General), 2025 BCSC 1490 (CanLII)The Less Certain Future of Private Land in British Columbia (Law for Breakfast)B.C. government to appeal historic land claim ruling for 4 First Nations (Global)New High School Course Pack from CCF Experts Helps Teachers Fight Civic Illiteracy (CCF)B.C. nurse accused of anti-trans comments ordered to pay almost $94K (Aldergrove Star)The new censorship: Regulatory creep, professional regulators, and growing limits on freedom of expression (Macdonald-Laurier Institute)Ian Cooper: I'm an entertainment lawyer. TIFF's defence of Hamas copyright is bunkNot 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 97, we tell you about some of the arguments we intend to make when we challenge Nova Scotia Premier Tim Houston's ban on walking in the woods. Plus we tell you about a decision that found first-past-the-post voting is not unconstitutionally racist or sexist. Stories and cases discussed in this week's episode: CCF Petition: Tell Premier Houston to Re-open Nova Scotia Trails The critics of Nova Scotia’s ban on accessing the woods don’t understand our cultureFair Voting BC v. Canada (Attorney General), 2025 ONCA 581 Access restrictions on wooded areas in N.S., N.B., during heightened wildfire risk face oppositionCourt gets it right in appeal of challenge to constitutionality of first-past-the-post voting systemNot 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 96, we explain what's wrong with the Ontario court decision that found a constitutional right to bike lanes in Toronto, and we tell you about Nova Scotia Premier Tim Houston's outrageous ban on walking in the woods. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Cycle Toronto et al. v. Attorney General of Ontario et al., 2025 ONSC 4397 (CanLii)Ontario court strikes down Ford government's plan to remove Toronto bike lanes (CBC News)Quebec anti-abortion group fails to reverse decision banning protests in front of clinics (CBC News)Nova Scotia forests travel ban (Nova Scotia)Crown attorneys’ group denounces ’attacks’ on justice system during Freedom Convoy, Hockey Canada trials (National Post)Prosecutorial Independence and the Rule of Law (Ontario Crown Attorneys Association)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 95, we discuss the de-banking of a Freedom Convoy lawyer; we dig into the acquittal of five hockey players who were accused of sexually assaulting a woman in a London, Ont., hotel room; and we explain why bubble zones are a serious risk to freedom. Stories and cases discussed in this week's episode: R. v. Akbari, 2025 ONCJ 398 (CanLii) Joanna Baron: The Hockey Canada sexual assault trial verdict is a just legal outcome—but that’s not the end of the story (The Hub)Freedom Convoy lawyer dropped as a bank customer after cryptocurrency transactions (Financial Post)Anti-free speech “bubble laws” are unconstitutional – and expanding. We need to stop them: Christine Van Geyn (MacDonald-Laurier Institute)Groups alarmed at house arrest for man who vowed to kill Jews (Toronto Sun)The wild overreach contained in the Liberals’ new border control bill (National Post)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 94, we discuss Parks Canada's dubious decision to cancel the permit of a MAGA-supporting singer, we tell you about our new intervention in a case challenging the Impact Assessment Act, and we discuss Premier Smith's proposals for constitutional amendments. Stories and cases discussed in this week's episode: Permit revoked for MAGA musician's concert at Parks Canada site, but show will go on (CBC News)Calls for Canada to bar bands Kneecap, Bob Vylan over anti-Israel messages test limits of free expression (CBC News)Canada should follow Britain and lower the voting age to 16 (Globe and Mail)Alberta Premier Danielle Smith suggests premiers start constitutional talk (CBC News) Jamie Sarkonak: Non-citizen johns shouldn't get sentence discounts for their crimes (National Post)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 93, we discuss a heroic citizen's arrest in Ottawa and walk you through Alberta's new ban on sexually explicit books in schools. Plus, we share our Bad Legal Takes of the Week, including a proposal to ban terror symbols and a non-binary American's asylum claim. Stories and cases discussed in this week's episode: Man stops Ottawa robbery suspect with dog-leash handcuffs, raising questions about limits of citizen’s arrests (Globe and Mail)Section 494 of the Criminal Code of CanadaAlberta bans ‘explicit’ books in school libraries starting Oct. 1 (Global News)Judge halts deportation of non-binary American in landmark ruling after Trump’s gender edicts (Globe and Mail)Would Criminalize Swastika (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 92, we tell you about our newest case, which will challenge a ban on holding signs in Niagara Falls city council chambers, and we will explain whether border officials can demand the password to your phone or laptop. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Crossing the U.S. Border? Keep Your Electronic Devices Safe from SearchesCanada rescinds digital services tax to advance broader trade negotiations with the United StatesExamining personal digital devices at the Canadian border (CBSA)Border Search of Electronic Devices at Ports of Entry (U.S. CBP)Constitution Foundation, lawyer for women's rights group put Niagara Falls on notice (The Pointer)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 91, we tell you about the arrest of three women for holding up a sign in city council, we discuss a new Quebec prison policy that will assign trans prisoners based on their anatomical sex, and we explain why a man was acquitted because he took magic mushrooms. Stories and cases discussed in this week's episode: Winnipeggers warned to keep their grass short or face finesThree women arrested in Niagara Falls for protesting city councillor charged with abuseCanada's Most Censorious Bylaws report Crown ordered to pay accused sex offender's $190 taxi fare due to N.S. courthouse closureB.C. man acquitted of sexual assault after blaming 'automatism' on magic mushroomsTensions rise as Midland resident defies library communication banNot 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 90, we tell you about a legal challenge to London, Ontario's "graphic images" bylaw that bans images of fetuses in public, and we discuss a legal challenge by a former University of Saskatchewan student (our friend Tim), who punished for his opinions on D.E.I. Stories and cases discussed in this week's episode: ARPA Canada Challenges London’s “Graphic Image” Bylaw as Unconstitutional Restriction on Pro-Life Expression (ARPA)London group to screen documentary on what it did to ban graphic anti-abortion flyers (CBC News)Jamie Sarkonak: He mildly questioned DEI. His law school calls that 'misconduct'Indigenous protesters set up tent 'occupation' at Queen’s Park over Bill 5 (Toronto Today)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 89, we tell you about the Liberals' plan to exempt big projects from any federal law without Parliamentary approval, Ontario's plans to reduce wokeness in education, and the shameful response to complaints about a Charlie Hebdo cartoon on an exam in Manitoba. Stories and cases discussed in this week's episode: Government rejects Bloc’s call to split internal trade, major projects legislationWhat federal Bill C-5, the One Canadian Economy Act, is all aboutNo jail time for B.C. man with ‘relatively modest’ child porn collection, judge rules'Wound is opened up again' after exam features controversial Charlie Hebdo cover: Muslim community leaderBill 33, Supporting Children and Students Act, 2025Not 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 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.