Not Reserving Judgment

In Episode 125, we give you a full recap of the three-day hearing in Halifax into the constitutionality of Nova Scotia's ban on traveling into the woods, and we explain why Ontario Premier Doug Ford's attempt to shut down the Al-Quds Day protest properly failed. Plus, our Bad Legal Takes of the Week

Stories and cases discussed in this week's episode:

• Final arguments made in Nova Scotia woods ban challenge (CTV News)
• CCF in Court This Week Challenging Nova Scotia’s Unconstitutional Woods Ban (TheCCF.ca)
• The Hard Lesson of Al Quds Day: Free Speech Protects the Repugnant (Christine Van Geyn.ca)
• Al-Quds Day protest proceeds after court rejects Ford’s injunction bid (Global 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.

In Episode 124, we explore both the practical and theoretical constitutional consequences of Alberta separation, however unlikely, and particularly for Indigenous groups in that province. Christine explains the recent Kanyinda decision from the Supreme Court of Canada (Quebec (Attorney General) v. Kanyinda, 2026 SCC 7) and it looks like, once again, we have more "bubble zones" to fight.

Stories and cases discussed in this week's episode:

• Protecting access to places of worship, schools (BC Gov News)
• Marc Miller says Musqueam deal has ‘nothing to do with’ private property (Toronto Star)
• Quebec (Attorney General) v. Kanyinda, 2026 SCC 7 (Supreme Court Judgments)
• Indigenous Chiefs gather at legislature, pressure Alberta to quash separatism push (Global 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.

In Episode 123, we explain the new agreement between Canada and the Musqueam Nation recognizing Aboriginal title in Greater Vancouver. Plus, we discuss the new mandatory Indigenous cultural course requirement for all lawyers in the Province of Ontario.

Stories and cases discussed in this week's episode:

• ‘Alarming’: Police monitoring released murderer ‘closely’ as community expresses concern (CP24)
• A Rights Recognition Agreement (Crown-Indigenous Relations and Northern Affairs Canada)
•  Approval of an Indigenous cultural training course (Law Society of Ontario)
• What Does the Musqueam Agreement Mean? (Law for Breakfast)

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.

In Episode 122, we explain why we're horrified that the B.C. Human Rights Tribunal has ordered former school trustee Barry Neufeld to pay teachers $750,000 for his speech. Plus, we update you on a disturbing new way that Bill C-9 could infringe on freedom of expression.

Stories and cases discussed in this week's episode:

• Bill C-9 to protect indigenous sacred sites including unmarked graves under new hate crime law and C9 is paused (Western Standard)
• Former B.C. school trustee ordered to pay $750K in discrimination, hate speech complaint (CTV News)
• Commissioner welcomes decision protecting LGBTQ people from hate speech (BCHRT)
• Chris Selley: Nobody wants to work in Ottawa, Ottawa unions say (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.

In Episode 121, we explain our concerns over Durham Region's new "non-criminal hate incident" reporting program, we discuss the Supreme Court's decision in Taylor, which finds a broad right to free movement in Canada, and we give you our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• Community-Based Hate Reporting Program (Durham Region)
• Met Police says it will no longer investigate non-crime hate incidents (BBC)
• Harry Miller v. The College of Policing (Judiciary.UK)
• Harry Miller: Legal victory after alleged transphobic tweets (BBC)
• CCF Writes to Durham Region Questioning New Offensive Speech Reporting Tool (TheCCF.ca)
• Supreme Court Sides With CCF: Charter Protects Broad Right to Mobility (TheCCF.ca)
• CCF Demands Winnipeg Scrap Bylaw That Would Silence Protesters (TheCCF.ca)
• Taylor v. Newfoundland and Labrador (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.

In Episode 120, we explain our concerns with Manitoba's expropriation of a long-term care home, discuss a lawsuit alleging the RCMP violated the free expression of a journalist documenting a pipeline controversy, and we introduce our new Counsel, Alexander Surgenor.

Stories and cases discussed in this week's episode:

• Manitoba government plans to expropriate Lemay Forest, turn it into provincial park (CTV Winnipeg)
• Media harder to identify, RCMP official tells court in press freedom lawsuit (CBC News)
• CCF Expanding as Canada’s Leading Civil Liberties Charity – Announcing New Counsel (TheCCF.ca)
• NDP government uses health system expropriation powers for first time, seizes care home (CTV Winnipeg)
• Press freedom trial in B.C. Supreme Court could have broad implications for journalists in Canada (APTN)
• RCMP official says journalists were let into pipeline protest camp unless their story 'beggared belief' (CBC News)
• Josh Dehaas: Carney asks Parliament to give him the power of a king (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.

In Episode 119, we discuss Alberta Premier Danielle Smith's letter to Prime Minister Mark Carney threatening to withhold funding if Alberta doesn't get more say in judicial appointments. Plus, we explain why we disagree with the Federal Court of Appeal that plastic is "toxic."

Stories and cases discussed in this week's episode:

• Danielle Smith calls on Mark Carney to give Alberta more say in selection of judges (Globe and Mail)
• Federal Court of Appeal Upholds Ottawa’s Listing Plastics “Toxic” (TheCCF.ca)
• Judge stays case against environmental activists who climbed Montreal bridge over rights violations (CTV News)
• Gov’t Bending On Plastic Ban (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.

In Episode 118, we give you a full recap of Ontario's appeal of a decision that found a law designed to remove bike lanes from Toronto violated the rights to life and security of the person. Plus, we discuss whether government should ban social media for kids under age 14.

Stories and cases discussed in this week's episode:

• Toronto cyclists defend bike lane challenge before Ontario's top court (CBC News)
• Federal officials draft plans to ban social media for children under 14 (Globe and Mail)
• B.C. woman files lawsuit, claims seizing pets under veterinary care violates Charter rights (CBC News)
• Cycle Toronto et al. v. Attorney General of Ontario et al., 2025 ONSC 1650 (CanLii)
• Joanna Baron: The Liberal’s approach to regulating the internet is a disaster. What comes next could be even worse (The Hub)

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.

In Episode 117, we tell you about our new case involving a Windsor man arrested for skating while protesting with a sign about the local budget. Plus, we walk you through the Federal Court of Appeal decision that found invoking the Emergencies Act violated Charter rights.

Stories and cases discussed in this week's episode:

• Christine Van Geyn: Feds spent millions defending Trudeau's Freedom Convoy crackdown — and lost (National Post)
• Federal Court of Appeal Emergencies Act Decision: Your Questions Answered (TheCCF.ca)
• Mississauga resident urges City to rethink oil and gas ads after spotting 'greenwashing' billboard (ThePointer.com)
• CCF assists Windsor man arrested for peacefully holding sign outside city hall (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.

In Episode 116, we consider whether York University's Student Centre violated the freedom of expression of an MP and students who wanted to hear him speak, plus we speculate about who will be the new Supreme Court of Canada justice after the Hon. Sheilah Martin retires.

Stories and cases discussed in this week's episode:

• Conservative MP says York University Student Centre blocked his campus discussion event (National Post)
• Supreme Court Justice Sheilah Martin to retire in May (Globe and Mail)
• $50 Fine For Foreign Agents (Blacklock's)
• Canada not considering a ban on X over deepfake controversy, AI minister says (Toronto Star)

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.