On Episode 109, we discuss whether a constitutional amendment to section 35 could fix the uncertainty surrounding Aboriginal title claims, and we speculate about why the Supreme Court decided to hear an appeal of a Saskatchewan decision on gender pronouns in schools.

Stories and cases discussed in this week's episode:

• MLA seeks clarification on province's stance on Aboriginal title claim for Kamloops, Sun Peaks (Castanet)
• Kitigan Zibi files land claim over large swath of western Quebec, including Gatineau Park (CBC News)
• Dwight Newman: How B.C. and Parliament can amend the Constitution to protect property rights ASAP (National Post)
• Supreme Court agrees to hear appeal of Saskatchewan’s school pronoun case (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 108, we discuss Josh's testimony in Parliament on Bill C-8, which would allow the minister to cut off phone or Internet access, and the Supreme Court of Canada decision that found a one-year minimum sentence for child pornography is "cruel and unusual punishment."

Stories and cases discussed in this week's episode:

• Liberal MP moves to muzzle “hateful” religious scripture (Juno News)
• Standing Committee on Public Safety and National Security (ParlVu)
• Poilievre calls Supreme Court ruling on child porn ‘disgusting,’ would use notwithstanding clause to overturn (CTV News)
• Quebec (Attorney General) v. Senneville (Supreme Court of Canada)

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 107, we discuss Alberta Premier Danielle Smith's use of the notwithstanding clause to immunize her back-to-work legislation for teachers, and we explain a failed proposal in B.C. to ban certain land acknowledgments. Plus, our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• Bill C-2, the Back to School Act (Alberta Legislature)
• Land Acknowledgement Prohibition Act (Dallas Brodie on X)
• NDP leadership hopefuls line up to condemn Alberta's use of notwithstanding clause to end teachers' strike (National Post)
• Most members of B.C.’s legislature vote against bill to stop land acknowledgements (CTV News)
• Tensions flare at Richmond meeting over Cowichan title decision (Vancouver Sun)

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 106, we explain why the proposed hate speech law C-9 really could lead to jail for your memes, we discuss whether the Liberals' proposed tough-on-crime legislation will be constitutional, and we talk about some shocking letters handed out to B.C. property owners.

Stories and cases discussed in this week's episode:

• Bill C-9, An Act to amend the Criminal Code (hate propaganda, hate crime and access to religious or cultural places)
• B.C. politicians hopeful after Ottawa promise of bail-reform bill (CBC News)
• Carney will introduce legislation next month to tighten bail system (Globe and Mail)
• Woman jailed for race hate post says she was political prisoner (BBC)
• Man jailed over racially aggravated posts (BBC)
• Maryport man jailed over racist online post (BBC)
• Police make 30 arrests a day for offensive online messages (The Times)
• Richmond property owners worried after First Nations land claim (Global News)
• Court Issues First-Ever Jail Sentence in Canada for Holocaust Denial (FSWC)

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 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 warns
• BILL C-8, An Act respecting cyber security
• Only 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 liberties

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 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.