Not Reserving Judgment

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 interference
• Tasha Kheiriddin: Liberal foreign interference bill won't stop Chinese meddling
• Montréal (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 experts
• PM Anxious To Keep Riding
• If Pierre Poilievre doesn’t want to be portrayed as an authoritarian leader, maybe he should stop talking like one
• Pierre Poilievre prepares to embrace the notwithstanding clause — and all its controversy
• The campus occupations aren’t protected by free speech, because they aren’t speech
• Sex offender asks Norway's Supreme Court to declare social media access is a human right
• An 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• Fairy Creek old-growth protesters celebrate as a slew of contempt charges are withdrawn
• Green Party deputy leader gets jail time for Fairy Creek protests
• Feds halt deportation of B.C.-based climate activist
• N.B. police officers stop investigating most reports of gas theft
• MP Kevin Vuong's tweet
• Taylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII)
• Supreme Court of Canada to hear appeal of N.L.'s COVID-19 travel ban
• When does hate become criminal?: Christine Van Geyn for Inside Policy
• Infant, grandparents killed in Highway 401 crash after police pursuit from LCBO robbery
• Antigone: A Detailed Summary of Sophocles’ Famous Play

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 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 bill
• Bill on forced addiction treatment will include evaluation process, minister says
• Ford government says Highway 413 construction could begin next year
• Ottawa ‘plainly overstepped’ with environmental assessment law, Supreme Court rules
• Keri Froc's submission for CBA on proposed Compassionate Care Act
• LILLEY: In Milton's byelection Gaza is dominating, not local issues
• Unpacking involuntary interventions for people who use drugs
• Foreign landlord fails to pay taxes, CRA goes after tenant
• Joanna Baron: It’s time to stop giving the pro-Palestine protestors the benefit of the doubt
• Mobs of people that want me dead': Columbia University moves classes online amid massive anti-Israel protests
• Matt Gurney: Freeland knows better than this. Or at least, she used to

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 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 Bill
• Gave $96,100 To CBC Pundit
• MPs To Review GG Expenses
• $18M For Frankfurt High Life
• Harrison 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 Washroom
• Quebec tables bill that includes fines of up to $1,500 for threatening politicians
• Committee for the Commonwealth of Canada v. Canada, [1991] 1 SCR 139

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 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 broad
• B.C. takes action to hold companies accountable for hurting people
• The Much Broader Future of Cost Recovery Litigation in British Columbia
• Business Association Letter: Concerns on Scope of Bill 12
• Couple fights to rid Toronto home of heritage status
• Canada 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) won
• Court strikes down laws restricting investigations by animal rights activists into animal cruelty
• Animal 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 land
• Opinion: 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 eclipse
• Niagara police begin public safety plans for million expected to view solar eclipse
• Kitchener 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 unlawful
• Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10
• Joanna 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 platforms

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 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 finds
• Calgary judge rules woman with autism can seek Medical Assistance in Dying
• Premier 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 orthodoxy
• Hermes faces US lawsuit over ‘refusal’ to sell Birkin bag
• Manitoba PCs say bill banning anti-abortion protests near clinics should be expanded

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 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 lawsuit
• Section 176(2) of the Criminal Code
• Vaughan mayor seeks to ban protests at schools, religious institutions
• Protecting 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 parks
• The 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 Boyagoda

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 29, we tell you about a labour arbitrator decision that found a vaccine mandate that led to 10 nurses being fired from their jobs was unreasonable; we go through the Supreme Court decision that found the state needs judicial authorization to get your Internet Protocol address; and we tell you about a proposed bylaw that would ban "graphic" anti-abortion signs.

Stories and cases discussed in this week's episode:

• City council votes to move ahead with ban on graphic protest signs
• R. v. Bykovets
• Police need search warrant to get IP address, rules Supreme Court of Canada in 5-4 split decision
• Online sex abuse: Accused Ontario med student avoids extradition to U.S.
• Arbitrator rules in favour of Ont. nurses fired for refusing COVID vaccines
• Quinte Health v Ontario Nurses Association, 2024 CanLII 14991 (ON LA)

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 28, we give you an update on the criminal charges dropped against two men arrested at Coutts, Alberta in February 2022, and the civil lawsuits launched by trucker convoy participants; we explain the ruling that says Quebec's secularism law Bill 21 is fully shielded from judicial review by the notwithstanding clause; and we explain the interesting inter-provincial trade angle in a lawsuit from McGill and Concordia against the province's tuition structure.

Stories and cases discussed in this week's episode:

• The HateGate Affair: Unmasking Canada's Hate Industry (by Caryma S'ad)
• Gwyn Morgan: Truckers get jail time while real criminals get bail and parole
• 'Freedom Convoy' organizer from Sask. suing federal government for using Emergencies Act to freeze accounts
• Quebec Appeal Court Bill 21 ruling fuels debate on notwithstanding clause
• McGill, Concordia file lawsuits demanding Quebec cancel tuition hike
• Palestinian Canadians sue Foreign Minister Joly over arms exports to Israel
• MANDEL: Luka Magnotta now in same medium-security prison as fellow killer Paul Bernardo

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.