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 bunk

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 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 culture
• Fair Voting BC v. Canada (Attorney General), 2025 ONCA 581 
• Access restrictions on wooded areas in N.S., N.B., during heightened wildfire risk face opposition
• Court gets it right in appeal of challenge to constitutionality of first-past-the-post voting system

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 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 Canada
• Alberta 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 Searches
• Canada rescinds digital services tax to advance broader trade negotiations with the United States
• Examining 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 fines
• Three women arrested in Niagara Falls for protesting city councillor charged with abuse
• Canada's Most Censorious Bylaws report
• Crown ordered to pay accused sex offender's $190 taxi fare due to N.S. courthouse closure
• B.C. man acquitted of sexual assault after blaming 'automatism' on magic mushrooms
• Tensions rise as Midland resident defies library communication ban

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 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.