Not Reserving Judgment

On Episode 105, we explain why B.C. consenting in court to Aboriginal title of all of Haida Gwaii is causing controversy, we discuss the intersection of artificial intelligence and free speech, and we give you our thoughts on the lawsuit against Toronto Metropolitan University.

Stories and cases discussed in this week's episode:

• The Council of the Haida Nation v. British Columbia, 2025 BCSC 1806 (CanLii)
• B.C. government defends withholding details of shíshálh Nation deal (Vancouver Sun)
• Letting the Eby government negotiate Aboriginal title is perilous (Northern Beat)
• B.C. government announces First Nations land pact on Sunshine Coast, months after deal was inked (Globe and Mail)
• The Haida Aboriginal Title Judgment as Potentially Problematic Constitutional Entrenchment (Law for Breakfast)
•  Law students sue TMU alleging defamation and discrimination over pro-Palestinian letter (Toronto Star)
•  PTCC turns down booking request from OneBC (Penticton Herald)

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 104, we explain our concerns with Bill C-8, which would allow the government to secretly cut people off from the Internet, we discuss the constitutionality of the gun grab, and we discuss whether a University of Alberta law professor's academic freedom was violated.

Stories and cases discussed in this week's episode:

• What Happened to the University’s Commitment to Free Expression? Charlie Kirk, uAlberta, and Me (Centre for Free Expression)
• Crown lands bill would criminalize peaceful protests, critics say (CBC News)
• Bill C-8 would allow minister to secretly cut off phone, Internet service, CCF warns
• BILL C-8, An Act respecting cyber security
• Only 14 of the 94 Calls to Action have been implemented. Criminalizing residential school denialism is the only way forward (Toronto Star)
• CTF offering free legal advice to Cape Breton gun owners targeted by federal gun grab (Canadian Taxpayers Federation)
• TELL YOUR MP: Fix Bills C-2 and C-8 to protect civil liberties

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 103, we tell you why the Carney government's surprise notwithstanding clause argument could stoke separatism, we explain our concerns with the government's proposal for new hate crimes, and we discuss whether Canada's recognition of Palestine really matters.

Stories and cases discussed in this week's episode:

• Liberals ‘confident’ Canadians will 'voluntarily' obey gun confiscation scheme (Juno)
• Bill C-9, An Act to amend the Criminal Code (parl.ca)
• Ottawa’s end run around the Constitution (The Globe and Mail)
• Josh Dehaas: Carney's move to limit notwithstanding clause is a threat to national unity (National Post)
• Canada recognizes a version of Palestine that only exists in Geneva’s dreams (Globe and Mail)
• Liberal hate crimes bill raises free speech concerns (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.

On Episode 102, we explain why the Carney government's border security bill, C-2, is raising red flags for privacy; we tell you about our new children's book Maple's Garden, and we explain why the Liberals' version of bubble zones for religious institutions might not be so bad.

Stories and cases discussed in this week's episode:

• Maple's Garden: A Canadian Freedom of Speech Story (Amazon.ca)
• Bill C-2 Backgrounder: New Search Powers in the Strong Borders Act and Their Charter Compliance (Robert Diab/SSRN)
• Backgrounder: Bill C-2 raises privacy concerns (TheCCF.ca)
• Carney government introducing bill to protect people entering religious, cultural buildings (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 101, we discuss the conviction of an Ontario man for terrorism and hate speech, we explain our concerns with the investigation of a Juno News journalist for his report on a Liberal federal election candidate, and we tell you about some new tough-on-crime proposals.

Stories and cases discussed in this week's episode:

• Ottawa man sentenced to 10 years over neo-Nazi terrorist propaganda (Globe and Mail)
• R. v. MacDonald, 2025 ONSC 1939 (CanLii)
• Ottawa Targets Juno News: Criminal Probe Into Our Report on Liberal Candidate (Juno)
• City of Hamilton orders resident to take down 10 security cameras from his home (CHCH)
• Poilievre proposes “Stand on Guard” Law to expand self-defence rights in one’s home (Penticton Herald)
• Carney will introduce legislation next month to tighten bail system (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 100, we answer YOUR questions. Can the government ban cash? Do Canadians have any gun rights? Why do cops wait for injunctions? What are the worst Supreme Court decisions of all times? Who do we like better: Katy Perry or Taylor Swift?

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 99, we discuss the case of an Ontario homeowner charged after he responded to a home intruder late at night, we tell you about our hearing in the Nova Scotia woods ban case, and we explain why Hamilton's mayor may get away with censoring a billboard.

Stories and cases discussed in this week's episode:

• Ontario man charged after confronting intruder inside home allegedly used knife, court docs say (CBC News)
• Court Grants CCF Standing to Challenge Nova Scotia Travel Ban (The CCF)
• Michael Higgins: 'Naive' Canadian doctor embroiled in trans controversy (National Post)
• John Sikkema: Hamilton, where billboards can't question transgender children (National Post)
• Vancouver parents blocked from teaching their kids to swim in public pools (Vancouver Sun)
• The forgotten freedom: Reviving rational debate in Canada’s public sphere (MacdonaldLaurier.ca)
• The Road to Censorship: How Canada Lost its Way on Freedom of Speech (C2C Journal)

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 98, we walk you through the monumental Cowichan decision, which found aboriginal title to 1,845 acres of greater Vancouver including over property owned in fee simple, and explain why we disagree with the $94,000 cost award against nurse Amy Hamm.

Stories and cases discussed in this week's episode:

• Cowichan Tribes v Canada (Attorney General), 2025 BCSC 1490 (CanLII)
• The Less Certain Future of Private Land in British Columbia (Law for Breakfast)
• B.C. government to appeal historic land claim ruling for 4 First Nations (Global)
• New High School Course Pack from CCF Experts Helps Teachers Fight Civic Illiteracy (CCF)
• B.C. nurse accused of anti-trans comments ordered to pay almost $94K (Aldergrove Star)
• The new censorship: Regulatory creep, professional regulators, and growing limits on freedom of expression (Macdonald-Laurier Institute)
• Ian Cooper: I'm an entertainment lawyer. TIFF's defence of Hamas copyright is bunk

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 97, we tell you about some of the arguments we intend to make when we challenge Nova Scotia Premier Tim Houston's ban on walking in the woods. Plus we tell you about a decision that found first-past-the-post voting is not unconstitutionally racist or sexist.

Stories and cases discussed in this week's episode:

• CCF Petition: Tell Premier Houston to Re-open Nova Scotia Trails
• The critics of Nova Scotia’s ban on accessing the woods don’t understand our culture
• Fair Voting BC v. Canada (Attorney General), 2025 ONCA 581 
• Access restrictions on wooded areas in N.S., N.B., during heightened wildfire risk face opposition
• Court gets it right in appeal of challenge to constitutionality of first-past-the-post voting system

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 96, we explain what's wrong with the Ontario court decision that found a constitutional right to bike lanes in Toronto, and we tell you about Nova Scotia Premier Tim Houston's outrageous ban on walking in the woods. Plus, our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• Cycle Toronto et al. v. Attorney General of Ontario et al., 2025 ONSC 4397 (CanLii)
• Ontario court strikes down Ford government's plan to remove Toronto bike lanes (CBC News)
• Quebec anti-abortion group fails to reverse decision banning protests in front of clinics (CBC News)
• Nova Scotia forests travel ban (Nova Scotia)
• Crown attorneys’ group denounces ’attacks’ on justice system during Freedom Convoy, Hockey Canada trials (National Post)
• Prosecutorial Independence and the Rule of Law (Ontario Crown Attorneys Association)

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.