Not Reserving Judgment

We tell you about Wolf Ruck's successful challenge to Mississauga's anti-weeds bylaw, the dropping of a ticket issued by Kingston police who used a surveillance drone, and a proposal to criminalize "condoning, denial, justification, or minimization" of residential schools.

Stories and cases discussed in this week's episode:

• VICTORY: Ontario court strikes down bylaw that let city mow down naturalized garden (TheCCF.ca)
• CCF Intervenes to Stop Charter Being Stretched to Protect Bike Lanes
• Crown withdraws ticket issued after Kingston police use drone to spy on woman in vehicle (TheCCF.ca)
• Federal government won’t say whether it will criminalize residential school denials (The Globe and Mail)
• Toronto lawyer faces criminal contempt proceedings after admitting to misleading court about AI use (Law Times)

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 114, we explain why we think that banning calls to "globalize the intifada" would be counter-productive, we discuss the Liberals' new crime bill that would create special rules for "femicide," and we tell you who was naughty and who was nice for civil liberties in 2025.

Stories and cases discussed in this week's episode:

• CCF Unwraps 2025 Naughty & Nice List (TheCCF.ca)
• 'It's just too easy to harm women' — What the numbers tell us about 'femicide' in Canada (National Post)
• BIll C-16, Protecting Victims Act (Parl.ca)
• What is in Bill C-16, Ottawa’s legislation that seeks to toughen gender-based violence laws? (Globe and Mail)
• What does ‘globalise the intifada’ mean, and why does NSW want to ban the chant? (The Guardian)

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 113, we have an exclusive story of big pharma attacking a University of Toronto professor for his views on DEI, we tell you about judges suing to get a $28,000 raise, and we explain how a New Brunswick court decision could help protect private property nationwide.

Stories and cases discussed in this week's episode:

• Implications for BC of the NBCA Decision on Aboriginal Title and Private Property (Law for Breakfast)
• J.D. Irving, Limited et al. v. Wolastoqey Nation, 2025 NBCA 129 (CanLII) 
• Leigh Revers: The dark side of the feminization of higher education (National Post)
• Requiring lawyers to swear oath to the King is unconstitutional, Alberta’s top court rules (Globe and Mail)
•  Wirring v Law Society of Alberta, 2025 ABCA 413 (CanLII) 
• John Ivison: Judges suing Ottawa for fatter salaries are shameless (National Post)
• Sweeping Quebec crime bill would ban gang colours, restrict protests and create sex offenders' registry (Montreal Gazette)
•  Parker v. King, 2025 ONSC 6813 (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.

CORRECTION: In this episode, we stated that U of T rescinded the hiring of a professor because a donor disagreed with the political views of a particular visiting professor that U of T had considered hiring. In fact, the position was an administrative one, and an independent investigation concluded that the donor did not influence the university’s decision to discontinue the recruitment, and that no formal offer of employment had been made.

On Episode 112, we tell you about a proposal hidden in the budget bill that would allow ministers to exempt people from nearly any law, we explain the B.C. decision that found UNDRIP can be used to interpret laws, and we discuss the forced apology of Derek Reimer.

Stories and cases discussed in this week's episode:

• Justice minister hopes new group tackles provincial court suspension by February (CBC News)
• Pastor Reimer released on bail after refusing to apologize to librarian (Western Standard)
• One arrested at OneBC event at UVic that drew protesters (Times-Colonist)
• CCF warns that C-15 would allow Carney gov’t to exempt any person or company from almost any law (TheCCF.ca)
• B.C.'s Indigenous rights law is legally enforceable, rules court (Business in Vancouver)
• Courts to Apply UNDRIP to All British Columbia Laws (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.

On Episode 111, we discuss Quebec's plan to ban prayer in public spaces like universities, we debate whether Ottawa should remove the "good faith" religious speech exemption from hate speech laws, and we tell you about the Montreal police's new AI surveillance software.

Stories and cases discussed in this week's episode:

• Chris Selley: Quebec's war on religion goes to a whole new level (National Post)
• Religion shouldn’t be exempted from hate speech law: Liberal minister (CTV News)
• Quebec expands secularism law and limits public prayer (BBC News)
• La police de Montréal peut maintenant vous surveiller en temps réel avec l’IA (TVA)
• Is it illegal to spoil Christmas? Police in Ontario get complaints about anti-Santa signs (CBC 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.

On Episode 110, we discuss Alberta's proposal for flexible practice that would allow more doctors to offer private surgeries, we explain Alberta's plan to protect the freedom of speech of professionals, and we debate whether Ontario should really get rid of the bar exams.

Stories and cases discussed in this week's episode:

• ‘We’re going to walk before we run’: Alberta Health Minister Adriana LaGrange on the province’s historic health-care reforms (The Hub)
• Bill 11: Health Statutes Amendment Act, 2025 (Alberta Legislature)
• Bill 13: Protecting freedom of expression for regulated professionals (Alberta Legislature)
• Ontario bar exam for future lawyers could be scrapped, replaced with skills-based course (CBC News)
• Alberta tables free speech for regulated professionals bill coined the ‘Peterson Law’ (CTV 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.

On Episode 109, we discuss whether a constitutional amendment to section 35 could fix the uncertainty surrounding Aboriginal title claims, and we speculate about why the Supreme Court decided to hear an appeal of a Saskatchewan decision on gender pronouns in schools.

Stories and cases discussed in this week's episode:

• MLA seeks clarification on province's stance on Aboriginal title claim for Kamloops, Sun Peaks (Castanet)
• Kitigan Zibi files land claim over large swath of western Quebec, including Gatineau Park (CBC News)
• Dwight Newman: How B.C. and Parliament can amend the Constitution to protect property rights ASAP (National Post)
• Supreme Court agrees to hear appeal of Saskatchewan’s school pronoun case (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.

On Episode 108, we discuss Josh's testimony in Parliament on Bill C-8, which would allow the minister to cut off phone or Internet access, and the Supreme Court of Canada decision that found a one-year minimum sentence for child pornography is "cruel and unusual punishment."

Stories and cases discussed in this week's episode:

• Liberal MP moves to muzzle “hateful” religious scripture (Juno News)
• Standing Committee on Public Safety and National Security (ParlVu)
• Poilievre calls Supreme Court ruling on child porn ‘disgusting,’ would use notwithstanding clause to overturn (CTV News)
• Quebec (Attorney General) v. Senneville (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.

On Episode 107, we discuss Alberta Premier Danielle Smith's use of the notwithstanding clause to immunize her back-to-work legislation for teachers, and we explain a failed proposal in B.C. to ban certain land acknowledgments. Plus, our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• Bill C-2, the Back to School Act (Alberta Legislature)
• Land Acknowledgement Prohibition Act (Dallas Brodie on X)
• NDP leadership hopefuls line up to condemn Alberta's use of notwithstanding clause to end teachers' strike (National Post)
• Most members of B.C.’s legislature vote against bill to stop land acknowledgements (CTV News)
• Tensions flare at Richmond meeting over Cowichan title decision (Vancouver Sun)

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 106, we explain why the proposed hate speech law C-9 really could lead to jail for your memes, we discuss whether the Liberals' proposed tough-on-crime legislation will be constitutional, and we talk about some shocking letters handed out to B.C. property owners.

Stories and cases discussed in this week's episode:

• Bill C-9, An Act to amend the Criminal Code (hate propaganda, hate crime and access to religious or cultural places)
• B.C. politicians hopeful after Ottawa promise of bail-reform bill (CBC News)
• Carney will introduce legislation next month to tighten bail system (Globe and Mail)
• Woman jailed for race hate post says she was political prisoner (BBC)
• Man jailed over racially aggravated posts (BBC)
• Maryport man jailed over racist online post (BBC)
• Police make 30 arrests a day for offensive online messages (The Times)
• Richmond property owners worried after First Nations land claim (Global News)
• Court Issues First-Ever Jail Sentence in Canada for Holocaust Denial (FSWC)

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.