Not Reserving Judgment

On Episode 27, we do a deep dive into the new Online Harms Act, introduced this week as Bill C-63. The act would create a Digital Safety Commission, increase the penalties for criminal hate speech, allow judges to impose peace bonds on people who might commit hate speech in the future, and empower the Canadian Human Rights Tribunal to fine people up to $50,000 for discriminatory speech.

Stories and cases discussed in this week's episode:

• An Act to enact the Online Harms Act (Bill C-63)
• Online harms bill’s proposed changes risk silencing free speech, experts warn
• One cheer for the new Online Harms Act (Andrew Coyne)
• CCF concerned by Online Harms Act
• Keaan Bexte tweet
• Joanna Baron: The government doubles down on censoring the internet

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 26, we tell you about the debate over whether the judge hearing the challenge to the Saskatchewan gender pronouns policy is allowed to make a declaration now that the notwithstanding clause has been invoked; we explain our application to intervene in the federal plastics appeal; and we tell you what we've heard about the upcoming "online harms" and hate speech bill.

Stories and cases discussed in this week's episode:

• Disinformation Law Is Dead
•  Dérives sectaires : on vous explique le délit de "provocation à l'abstention de soins", voté par l'Assemblée nationale
• Yes, the feds can actually override provincial anti-trans school policies. Here's how.
• School closures may not have been necessary to prevent spread of COVID-19, researchers at McMaster find
• Can job postings in Canada exclude white people? Short answer: yes
• Judge rules challenge of Saskatchewan’s pronoun law can proceed
• Josh Dehaas: P.E.I. puts politeness over free speech by persecuting town councillor
• The Evolving Debate Over Section 33 of the Charter
•  The faulty received wisdom around the notwithstanding clause
• The Notwithstanding Clause: Legislatures, Courts, and the Electorate
• The Truck and the Brakes: Understanding the Charter's Limitations and Notwithstanding Clauses Symmetrically

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 25, we explain why last week's Supreme Court decision on Indigenous child welfare preserves an important constitutional principle; we walk you through the Federal Court's feisty opinion declaring that cabinet is breaching a constitutional convention by not appointing enough judges; and we discuss our theories on why the Supreme Court is deciding so few cases these days.

Stories and cases discussed in this week's episode:

• Reference re An Act respecting First Nations, Inuit and Métis children, youth and families
• Two more provinces join in opposition to gun buyback program that 'unnecessarily targets lawful gun owners'
• Hameed v. Canada (Prime Minister) (Federal Court decision on judicial vacancies)
• Federal Court rules Ottawa failed constitutional duty to fill judicial vacancies
• SCC’s output fell to 34 judgments in 2023, renewing questions, concerns within the bar
• Judge overturns convictions of B.C. woman, accused of coughing on grocery worker
• Christine's tweet about the CBC Kids story on Emergencies Act decision
• Paul Champ's tweet criticizing the Ottawa Police Service

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 24, we tell you about a Montreal police officer who says he was demoted for an anonymous $20 donation to the Freedom Convoy; we explain the Supreme Court decision that found Ontario Premier Doug Ford was not required to give CBC his mandate letters; and we tell you about Supreme Court Judge Malcolm Rowe's provocative speech at the Runnymede Society conference.

Stories and cases discussed in this week's episode:

• Windsor police officer appeals conviction for donating to Freedom Convoy
• Hub Exclusive: Supreme Court Justice Malcolm Rowe on postmodernism, democracy, and judicial overreach
•  Un cadre du SPVM s’estime lésé après un don au Convoi de la liberté
• Écarté pour un don au mouvement des camionneurs
• Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner)
• Supreme Court rules Premier Doug Ford's mandate letters to be kept secret
• Jennifer Koshan tweet
• Exploring the Link between Crime and Socio-Economic Status in Ottawa and Saskatoon: A Small-Area Geographical Analysis
• The Scourge of His Convictions (David Moscrop)
• Nora Loreto tweet

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 23, we discuss the new Nunavut Lands and Resources Devolution Agreement and whether B.C. is planning to give First Nations a veto over certain land use decisions, and we get into the details of a concerning new cybersecurity law that could lead to secret hearings and orders to cut off Internet access without due process. Plus, Bad Legal Takes from New York's mayor and climate change activists.

Stories and cases discussed in this week's episode:

• The devolution agreement: What exactly is Nunavut signing onto, anyway?
• Government of Canada, Government of Nunavut, and Nunavut Tunngavik Incorporated reach final agreement on the devolution of Nunavut
• Nunavut Lands and Resources Devolution Agreement
• Nunavut premier full of hope as deal with Ottawa is signed
• BC Government Consulting on New Law to Give Indigenous Groups Control over Crown Land Decisions
• Vaughn Palmer: B.C. NDP quietly consult on sweeping changes to managing public lands
• Bill C-26: An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts
• Youth-led challenge of Ontario's climate plan goes before province's highest court
• New York City mayor declares social media an 'environmental toxin'
• CCF Intervening today in Supreme Court case on whether Indigenous governments are subject to Charter scrutiny
• Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)

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 22 of Not Reserving Judgment, we focus in on our favourite parts of Justice Mosley's Federal Court of Canada decision that found the invocation of the Emergencies Act was unreasonable and that some of the orders made under it were unconstitutional.

Stories and cases discussed in this week's episode:

• Federal Court of Canada decision on Emergencies Act
• Not justified and unreasonable (Paul Wells)
• Federal Court finds Emergencies Act invocation violated rights, was unreasonable
• Christine Van Geyn: Emergencies Act was clearly unjustified — Liberals face steep path to appeal
• Joanna Baron: The Federal Court’s Emergencies Act decision is happy vindication for those who care about the Constitution

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 21 of Not Reserving Judgment, Josh asks whether B.C. police conducted unreasonable searches when they set up an elaborate plot to catch a killer using samples of tea, Joanna updates us on South Africa's weak case against Israel, and Christine explains her concerns around the incitement to hatred charges laid against a man holding a terrorist flag.

Stories and cases discussed in this week's episode:

• David Eby backs police who secretly took DNA from Kurds to solve murder of B.C. girl
• Canada has a moral obligation to support South Africa’s genocide case against Israel
• Joanna Baron: Accusing Israel of genocide is a gross distortion of the facts
• Toronto police chief reverses course, identifies 'terrorist flag' waved at demonstration
• Three men arrested at Avenue Road bridge after recent ban on demonstrations
• Land acknowledgement tweet from Mona Moftakhar
• Paul Champ tweet on Bill 21
• Is Canada ready to expand medical assistance in dying? Liberals will face that choice with deadline closing in

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 20 of Not Reserving Judgment, Josh tells us about some thugs who threatened him and how police initially refused to help, and Christine explains why the Federal Court seems to have gotten it wrong by upholding the refusal of a Chinese student's study visa over espionage concerns.

Stories and cases discussed in this week's episode:

• Woman dead after Thunder Bay police don't respond to domestic disturbance call: SIU
• Vancouver police set to become highest-paid officers in Canada under tentative deal, union says
• Federal Court expands definition of espionage in decision to bar Chinese student from Canada
• Issue #119: January 7, 2024 of The Sunday Evening Administrative Review
• Li v. Canada (Citizenship and Immigration), 2023 FC 1753 (CanLII)
• Canadian Taxpayers Federation loses appeal of $6K fine over anti-carbon tax billboards
• Kelowna mayor and council disavow councillor's column opining on global and local politics
• Ron Cannan: My predictions for Kelowna, BC and the world in 2024

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 19 of Not Reserving Judgment, we tell you about the witch hunt against a Prince Edward Island village councillor who put up a controversial sign; we explain why the B.C. Supreme Court got it wrong by blocking a new law that bans hard drug use in places like parks; and we interview an expert on the Israeli Supreme Court's decision to block Prime Minister Netanyahu's reasonableness law.

Stories and cases discussed in this week's episode:

• Councillor must apologize and pay $500 fine or resign, says P.E.I. minister (CTV News)
• Statement regarding the Rural Municipality of Murray Harbour council (PEI)
• Harm Reduction Nurses Association v. British Columbia (Attorney General), 2023 BCSC 2290 (CanLii)
• Israel’s Supreme Court overturns a key component of Netanyahu’s polarizing judicial overhaul (Globe and Mail)
• Colby Cosh: Bill 34 suspension shows the slippery slope of B.C. harm reduction (National Post)
• Russell Shalev (X.com)
• Office of the Federal Housing Advocate (X.com)
• Paul Champ (X.com)

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 18 of Not Reserving Judgment, we explain why a new anti-pornography bill poses a risk to your rights; we examine the law on whether there's a right to protest in private spaces like shopping malls; and we discuss the sentence handed down for the man who defrauded the art world by creating fake Norval Morrisseaus.

Stories and cases discussed in this week's episode:

• Why a proposed bill aiming to prevent kids from accessing porn sites is raising privacy concerns (CBC News)
• The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law (MichaelGeist.ca)
• 'I'LL PUT YOU SIX FEET DEEP': Chaos ensues during anti-Zara rally at Eaton Centre (Toronto Sun)
• Harrison v. Carswell, 1975 CanLII 160 (SCC) (CanLii)
• R. v. Layton, 1986 CanLII 4717 (ON CJ) (CanLii)
• Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980) (Justia)
• Ottawa-Carleton District School Board Code of Conduct report (OCDSB)
• OCDSB Trustee Dr. Nili Kaplan-Myrth sanctioned for code of conduct violations (CTV News)
• Trespass to Property: Shopping Centres (Journal of Law and Social Policy)
• There Are No Fakes (TVO Today)
• Canada’s Beverley McLachlin resists calls to leave Hong Kong court ahead of Jimmy Lai trial (Globe and Mail)
• B.C. judge’s citation of ‘marital intimacy deficits’ in voyeur trial raises concerns (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.