Not Reserving Judgment

In Episode 135, we take a deep dive into an decision that says Waterloo Region can't tear down a homeless encampment to build a transit hub because that would violate the rights to life, liberty, security of the person and equality. Plus, Alberta to hold a referendum on a referendum.

Stories and cases discussed in this week's episode:

• Premier Doug Ford could use notwithstanding clause on Waterloo Region’s encampment ruling (CTV News)
• Dear Albertans, here’s what you need to know about the Clarity Act (National Post)
• Belgian court convicts nationalist activist for lecture that would be protected in the US (Brussels Signal)
• Stratford's 'Strong Mayors' challenge hinges on three main arguments (Stratford Beacon Herald)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.

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.

In Episode 134, we tell you about a BC Human Rights Tribunal decision that finds holding the classical liberal view on DEI is not a protected political view, unlike socialism. Plus, we discuss the newly-created tort of intimidate partner violence.

Stories and cases discussed in this week's episode:

• Gordon v. Simon Fraser University, 2026 BCHRT 101 (BCHRT)
• Ahluwalia v. Ahluwalia (Supreme Court of Canada)
• Should family violence be it's own new tort? A debate! (Canadian Justice)
• For intervenors in SCC case, the implications of a new tort of family violence are far-reaching (Canadian Lawyer)
• Sign our Bill C-22 petition (TheCCF.ca)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.

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.

In Episode 133, we explain why Kelowna can move ahead with its petition to rein in Freedom Rally protesters and we discuss an Edmonton Police pilot project using bodycams and facial recognition software. Plus, we share our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• Kelowna (City) v Lindsay, 2026 BCSC 842 (CanLii)
• City of Kelowna wins court battle to proceed with injunction against COVID rallies (Castanet)
• Edmonton police emails, documents provide new information on Canada-first AI facial recognition bodycam pilot (CBC News)
• Canada gave citizenship to a terrorist. Revoking it has been ‘ridiculously’ slow (Global News)
• CCF to intervene in Supreme Court case defending online reviews as free expression (TheCCF.ca)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.

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.

In Episode 132, we tell you what conservatives and libertarians are clashing over at the Canada Strong and Free conference in Ottawa. Plus, we tell you about our latest victory on the free speech front.

Stories and cases discussed in this week's episode:

• CCF Victory: South Bruce Peninsula, Ontario reverses unconstitutional protest ban (TheCCF.ca)
• CCLA Condemns Ontario’s Expansion of Arrest Powers to Transit Special Constables (CCLA)
• Explainer: Bill C-22 increases risk of surveillance state, government spying (TheCCF.ca)
• SCOOP: Jen Gerson: Elections Alberta's massive failure could have put people in danger. I tried to warn them. (The Line)
• Pierre Poilievre urges conservatives to keep fighting in networking conference speech (CTV News)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.

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.

In Episode 131, we discuss whether the University of Lethbridge's banishment of Professor Frances Widdowson violated the right to freedom of expression, and we tell you about a Nova Scotia law that bans naming kids who died in care. Plus, our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• Bill that shields identity of children in care even after death receives royal assent (CBC News)
• FAQ on Free Speech in Canada (TheCCF.ca)
• Response to Media (University of Lethbridge)
• Cancelling talk breached Charter freedoms, controversial academic argues in court (CBC News)
• Disrobing the Aboriginal Stalinists on a Canadian Campus (Minding the Campus)
• Into Wokism’s Raging Maw: Frances Widdowson at the University of Lethbridge (C2C Journal)
• Disrobing the Aboriginal Industry (McGill University Press)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.

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.

In Episode 130, we explain our concerns that the upcoming Online Harms Act will include a digital safety commissioner tasked with censoring speech online, and we walk you through our successful challenge to Nova Scotia's woods ban. Plus, our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• ‘Serious’ On Internet Controls (Blacklock's Reporter)
• Statement on removal of extreme violent content (eSafety Commission)
• Federal Court chooses not to extend temporary order blocking terrorist attack vision on social media platform X (ABC)
• CCF concerned by Online Harms Act (TheCCF)
• Alberta rejects commission’s proposed changes to province’s electoral map (The Globe and Mail)
• CCF issues warning to Annapolis Royal over decision to end livestreaming of meetings (TheCCF.ca)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.

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.

In Episode 129, we explain why floor crossings are constitutionally permitted in Parliament even if they betray local voters, and we dig into the Canada Research Chair program's quotas, which lead to professor job postings limited to only women and people with disabilities.

Stories and cases discussed in this week's episode:

• 2019 Addendum to the 2006 Canadian Human Rights Settlement Agreement (Canada Research Chairs)
• 2021 Canadian Human Rights Settlement Agreement (Canada Research Chairs)
• Assistant or Associate Professor- Tier 2 Canada Research Chair in Forestry and Environmental Stewardship (UBC)
• Could we ban floor crossing in Canada (Brian Lilley)
• Preston Manning: It is time for some Liberals to cross the floor (National Post)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.

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.

In Episode 128, we discuss the impact of the $90-billion Alto high-speed rail proposal on property rights, and we explain why we're opposed to Quebec's Bill 9, which would ban prayer in many public places. Plus, we give you our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

•  Alto's CEO answers questions about the high-speed rail project (CBC News)
• Special expropriation rules for VIA’s High Speed Rail project erode long-standing property protections, due process (Montreal Economic Institute)
•  Bill 9, An Act respecting the reinforcement of laicity in Québec (Assemblee Nationale du Quebec)
• Quebec prohibits street prayers, extends religious symbols ban as opponents vow legal fight (Montreal Gazette)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.

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.

In Episode 127, we consider whether Ontario's and Alberta's attempts to get politics out of the classroom will help or hinder freedom of expression. Plus, we explain our concerns with C-22, a federal bill that would require telecom companies to keep track device locations for one year.

Stories and cases discussed in this week's episode:

•  Ford government warns school boards to keep graduation ceremonies ‘apolitical’ (Toronto Star)
• Bill C-22: An Act respecting lawful access (Parliament of Canada)
• Ontario education minister tells schools to keep graduation ceremonies strictly ‘apolitical’ (CP24)
• Alberta Education Bill Entrenches Censorship in Schools (CCLA)
• 'I don't think we need a police state': ATA president worried about Bill 25's impact on schools (Edmonton Journal)
• Bill 25: An Act to Remove Politics and Ideology from Classrooms and Amend the Education Act, 2026 (Alberta Legislature)

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.

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.

In Episode 126, we explain what happened this week at the Supreme Court in the notwithstanding clause case, we explain why the R v Singer decision means you should consider putting up a No Trespassing sign. Plus, our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• How a ban on religious symbols has triggered a Canadian constitutional debate (BBC)
• R. v. Singer, 2026 SCC 8 (Supreme Court of Canada)
• Was Upset By Facebook Post (Blacklock's Reporter)
• Judge cuts down scope of Calgary bubble zone bylaw; CCF calls on city to fully repeal (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.