Not Reserving Judgment

On Episode 85, we tell about the outrageous decision by Kingston Police to use drones to spy on drivers in their cars, we explain why Canada's privacy laws are overdue for an update, and we walk through the dubious claim that First Nation treaties could block Alberta separation.

Stories and cases discussed in this week's episode:

• Kingston Police Traffic Safety Unit incorporates drone technology to address distracted driving
• Drone Surveillance of Drivers “Clearly Unconstitutional" (CCF)
• R. v. Jarvis, 2019 SCC 10 (CanLii)
• Jamie Sarkonak: Treaties can't be relied upon to stop Alberta from leaving (National Post)
• Says Privacy Is Now Pivotal (Blacklock's)
• New Brunswick's ban on swearing while drinking beer outside of your house (Lyle Skinner's Legislative Council)
• Popular Tofino beach closed to public as First Nations hold ceremony honouring dead whale

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 84, we tell you about a proposed Ontario law that would allow police to seize suspected 'proceeds' of drugs from landlords, we discuss whether kids have a constitutional right to a particular climate change target, and we update you on western separation efforts.

Stories and cases discussed in this week's episode:

• Ontario Attorney-General defends Ford’s comments on judicial independence (Globe and Mail)
• Bill 10, Protect Ontario Through Safer Streets and Stronger Communities Act, 2025 (Ontario Legislature)
• NDP raise concerns about online petition on separation (SaskToday.ca)
• Supreme Court to hear appeal of Quebec ruling that invalidated random police stops (Lethbridge News Now)
• SCC denies leave to appeal in landmark case subjecting climate change regulation to Charter scrutiny (Borden Ladner Gervais)
• Smith dismisses Ford’s warning about separatist threats in Alberta (Global News)
• Preston Manning: When populism threatens to ‘blow,’ drill a relief well (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 83, we explain how Premier Smith just made Alberta separation easier, and discuss what to expect from PM Carney on healthcare, pipelines and free speech. Plus, our Bad Legal Takes including the dubious claim that land acknowledgements aren't political.

Stories and cases discussed in this week's episode:

• Christine Van Geyn: Beware Liberal, NDP attacks on free expression (National Post)
• Premier Smith's letter to Trudeau over the Impact Assessment Act (Alberta.ca)
• Alberta sets groundwork for referendum day after Liberal election victory (Western Standard)
• Debbie’s Law clears second reading, promises greater accountability in Manitoba Healthcare (Discover Westman)
• Land acknowledgments aren’t political. They uphold the rule of law in Canada (The Globe and Mail)
• Truck displaying graphic anti-abortion videos is driving around Hamilton. Police say it's not a crime (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 82, we consider whether the Liberals' misleading MAGA buttons violated election laws; we discuss what to expect from Mark Carney on civil liberties if he wins on April 28; and we explain our argument at the Supreme Court on the right to inter-provincial travel.

Stories and cases discussed in this week's episode:

• Liberal operatives planted 'stop the steal' buttons at conservative conference (CBC News)
• Victory for Canadian Constitution Foundation: court strikes down election censorship law (The CCF)
• It’s time to end the sedition in Ottawa by enforcing the law and following the money (Globe and Mail)
• CCF Takes Interprovincial Mobility Rights to Supreme Court of Canada (The CCF)
• Supreme Court to consider if COVID travel bans violated charter mobility rights after woman missed mother's funeral (National Post)
• Poilievre vows to use notwithstanding clause to support consecutive murder sentences (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 81, we discuss why we're taking UBC to court for its political activity, we walk you through an Ontario Court of Appeal decision that found Ontario's COVID-19 protest ban violated peaceful assembly, and we explain why McGill is breaking with its student union.

Stories and cases discussed in this week's episode:

• WARMINGTON: Why punish guy trying to free Sir John A. Macdonald from a box?
• McGill cuts contractual relationship with student union following pro-Palestinian protest
• UBC professors taking school to court over ’political’ actions by administration
• COVID-19 rules barring protests in 2021 were unconstitutional: Ontario’s top court
• Homeowners with treeless yards in Quebec town risk $200 'tree police' tax

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 80, we tell you about a new citizenship law on a Saskatchewan First Nation that would allow people to be banned based on 'maturity,' and we walk you through a decision that found the government owed no duty of care to a boy who died after the COVID-19 vaccine.

Stories and cases discussed in this week's episode:

• Hartman v. Attorney General of Canada et al., 2025 ONSC 1831 (CanLII)
• Test case on First Nation's citizenship law (Blacklock's)
• Carney says he will not repeal Liberals' anti-pipeline Bill C-69 (Western Standard)
• Poilievre in Hamilton: Says he'll repeal Bill C-69, sometimes known as 'no more pipelines act' (CBC News)
• Dickson v. Vuntut Gwitchin First Nation (SCC)
• Toronto District School Board v. Meta Platforms Inc., 2025 ONSC 1499

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 79, we discuss why the NSICOP Act limits what Pierre Poilievre can say after he gets a security briefing, we tell you about the curious constitutional challenge to closing some of Ontario’s safe injection sites, and we consider the constitutionality of an export tax on oil.

Stories and cases discussed in this week's episode:

• Carney refuses to rule out export taxes on Alberta oil or Sask uranium and potash against US (Western Standard)
• Protecting Vulnerable Social Infrastructure By-law (City of Vaughan)
• CSIS alleges India organized support for Poilievre’s 2022 Conservative leadership bid
• Re: Exported Natural Gas Tax, 1982 CanLII 189 (SCC), [1982] 1 SCR 1004 (CanLii)
• Ontario consumption sites free to relocate, court hears, contrary to past statements (CP24)
• Supreme Court to hear challenge of law that curbs spy watchdog members (CBC News)
• National Security and Intelligence Committee of Parliamentarians Act, SC 2017, c 15 (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.

On Episode 78, we discuss the B.C. premier's apparent power grab (Bill 7); we explain why it was wrong to discipline B.C. nurse Amy Hamm for her off-duty speech about sex; and we tell you about hate crime charges in Toronto. Plus, our thoughts on Mahmoud Khalil's deportation.

Stories and cases discussed in this week's episode:

• CCF to Premier Eby: Reconsider Bill 7’s Brazen Power Grab
• Amy Hamm: I spoke the truth about women's rights. That isn't professional misconduct (National Post)
• B.C. College of Nurses and Midwives v Amy Eileen Hamm (BCCNM)
• Man Charged with Advocating Genocide and 28 other charges in Hate Crime Investigation (Toronto Police)
• Man faces rare charge of advocating genocide against Jewish community, Toronto police say (CBC News)
• In Re George Edwin Gray, 1918 CanLII 533 (SCC), 57 SCR 150 (CanLii)
• The B.C. government’s Bill 7 is an indefensible power grab (Globe and Mail)
• Mahmoud Khalil Is an Easy Call (Reason)

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 77, we tell you why an Ontario man has to pay drag performers $380,000 for his 'groomer' comments, we discuss the constitutional limits of PM Carney's position, and we explain why the new election spending decision was not 'Canada's Citizen's United.'

Stories and cases discussed in this week's episode:

• Man must pay $380K for ‘hate speech’ on his northern Ont. Facebook page
• Howard Anglin: The constitutional limits on Carney’s powers as prime minister
• Top court finds Ontario spending limits on 3rd-party election ads unconstitutional
• Ontario (Attorney General) v. Working Families Coalition (Canada) Inc.
• Pro-Palestine Protesters Acquitted, Launch Charter Rights Challenge

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 76, we explain what happened in an appeal of Mississauga's decision to mow down a man's naturalized garden; we update you on our Calgary anti-protest bylaw challenge; and we tell you about a teacher bragging about keeping kids from reading about Elon Musk.

Stories and cases discussed in this week's episode:

• Ruck v. Mississauga (City), 2025 ONCA 147 (CanLII)
• Ruck v. City of Mississauga, 2024 ONSC 2579 (CanLII)
• Teacher-Librarian trashes Elon Musk book
• Ontario Court of Appeal sends decision on homeowner’s naturalized garden back to lower court
• Legal challenge over Calgary's protest bylaw heads to court

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.