On Episode 33, we tell you about a concerning new British Columbia law that will make it easy for governments to sue companies for products that may cause harm to health; we walk you through a fascinating decision overturning a portion of an Ontario law aimed at keeping animal rights activists from filming on farms; plus we share our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: B.C. business groups say legislation to sue social media companied is too broad B.C...
Apr 09, 2024•31 min•Ep. 33
On Episode 32, we tell you about secretive plans in Waterloo Region to expropriate farmland; we explain the new Supreme Court of Canada decision that says Charter rights may sometimes yield to Indigenous rights; and we explain why declaring an emergency for a solar eclipse in Niagara Region is not only misguided but unlawful. Stories and cases discussed in this week's episode: Wilmot Township farmers prepare to fight back after Region of Waterloo plans to expropriate land Opinion: Online Harms A...
Apr 03, 2024•48 min•Ep. 32
On Episode 31, we tell you about the firing of an Ontario librarian whose apparent crime was trying to diversify the collection; we walk you through a heart-breaking decision by a Calgary judge to allow a woman with autism to access assisted-death over her father's objections, and we share our new polling that shows Canadians are ready for major change on health care. Stories and cases discussed in this week's episode: Most Canadians want ‘major changes’ to healthcare system new research finds C...
Mar 27, 2024•49 min•Ep. 31
On Episode 30, we explain why a proposed bylaw in Vaughan aimed at controlling hateful protests outside synagogues raises red flags; we explain the costs order made against an activist group defending dangerous encampments in Edmonton; plus we share our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Advocacy group to pay City of Edmonton more than $11K in costs after failed encampment lawsuit Section 176(2) of the Criminal Code Vaughan mayor seeks to ban protest...
Mar 20, 2024•38 min
On Episode 29, we tell you about a labour arbitrator decision that found a vaccine mandate that led to 10 nurses being fired from their jobs was unreasonable; we go through the Supreme Court decision that found the state needs judicial authorization to get your Internet Protocol address; and we tell you about a proposed bylaw that would ban "graphic" anti-abortion signs. Stories and cases discussed in this week's episode: City council votes to move ahead with ban on graphic protest signs R. v. B...
Mar 13, 2024•38 min•Ep. 29
On Episode 28, we give you an update on the criminal charges dropped against two men arrested at Coutts, Alberta in February 2022, and the civil lawsuits launched by trucker convoy participants; we explain the ruling that says Quebec's secularism law Bill 21 is fully shielded from judicial review by the notwithstanding clause; and we explain the interesting inter-provincial trade angle in a lawsuit from McGill and Concordia against the province's tuition structure. Stories and cases discussed in...
Mar 06, 2024•48 min•Ep. 28
On Episode 27, we do a deep dive into the new Online Harms Act, introduced this week as Bill C-63. The act would create a Digital Safety Commission, increase the penalties for criminal hate speech, allow judges to impose peace bonds on people who might commit hate speech in the future, and empower the Canadian Human Rights Tribunal to fine people up to $50,000 for discriminatory speech. Stories and cases discussed in this week's episode: An Act to enact the Online Harms Act (Bill C-63) Online ha...
Feb 28, 2024•49 min•Ep. 27
On Episode 26, we tell you about the debate over whether the judge hearing the challenge to the Saskatchewan gender pronouns policy is allowed to make a declaration now that the notwithstanding clause has been invoked; we explain our application to intervene in the federal plastics appeal; and we tell you what we've heard about the upcoming "online harms" and hate speech bill. Stories and cases discussed in this week's episode: Disinformation Law Is Dead Dérives sectaires : on vous explique le d...
Feb 21, 2024•55 min•Ep. 26
On Episode 25, we explain why last week's Supreme Court decision on Indigenous child welfare preserves an important constitutional principle; we walk you through the Federal Court's feisty opinion declaring that cabinet is breaching a constitutional convention by not appointing enough judges; and we discuss our theories on why the Supreme Court is deciding so few cases these days. Stories and cases discussed in this week's episode: Reference re An Act respecting First Nations, Inuit and Métis ch...
Feb 14, 2024•54 min•Ep. 25
On Episode 24, we tell you about a Montreal police officer who says he was demoted for an anonymous $20 donation to the Freedom Convoy; we explain the Supreme Court decision that found Ontario Premier Doug Ford was not required to give CBC his mandate letters; and we tell you about Supreme Court Judge Malcolm Rowe's provocative speech at the Runnymede Society conference. Stories and cases discussed in this week's episode: Windsor police officer appeals conviction for donating to Freedom Convoy H...
Feb 07, 2024•53 min•Ep. 24
On Episode 23, we discuss the new Nunavut Lands and Resources Devolution Agreement and whether B.C. is planning to give First Nations a veto over certain land use decisions, and we get into the details of a concerning new cybersecurity law that could lead to secret hearings and orders to cut off Internet access without due process. Plus, Bad Legal Takes from New York's mayor and climate change activists. Stories and cases discussed in this week's episode: The devolution agreement: What exactly i...
Jan 31, 2024•34 min•Ep. 23
On Episode 22 of Not Reserving Judgment, we focus in on our favourite parts of Justice Mosley's Federal Court of Canada decision that found the invocation of the Emergencies Act was unreasonable and that some of the orders made under it were unconstitutional. Stories and cases discussed in this week's episode: Federal Court of Canada decision on Emergencies Act Not justified and unreasonable (Paul Wells) Federal Court finds Emergencies Act invocation violated rights, was unreasonable Christine V...
Jan 24, 2024•49 min•Ep. 22
On Episode 21 of Not Reserving Judgment, Josh asks whether B.C. police conducted unreasonable searches when they set up an elaborate plot to catch a killer using samples of tea, Joanna updates us on South Africa's weak case against Israel, and Christine explains her concerns around the incitement to hatred charges laid against a man holding a terrorist flag. Stories and cases discussed in this week's episode: David Eby backs police who secretly took DNA from Kurds to solve murder of B.C. girl Ca...
Jan 17, 2024•54 min•Ep. 21
On Episode 20 of Not Reserving Judgment, Josh tells us about some thugs who threatened him and how police initially refused to help, and Christine explains why the Federal Court seems to have gotten it wrong by upholding the refusal of a Chinese student's study visa over espionage concerns. Stories and cases discussed in this week's episode: Woman dead after Thunder Bay police don't respond to domestic disturbance call: SIU Vancouver police set to become highest-paid officers in Canada under ten...
Jan 10, 2024•39 min•Ep. 20
On Episode 19 of Not Reserving Judgment, we tell you about the witch hunt against a Prince Edward Island village councillor who put up a controversial sign; we explain why the B.C. Supreme Court got it wrong by blocking a new law that bans hard drug use in places like parks; and we interview an expert on the Israeli Supreme Court's decision to block Prime Minister Netanyahu's reasonableness law. Stories and cases discussed in this week's episode: Councillor must apologize and pay $500 fine or re...
Jan 04, 2024•47 min•Ep. 19
On Episode 18 of Not Reserving Judgment, we explain why a new anti-pornography bill poses a risk to your rights; we examine the law on whether there's a right to protest in private spaces like shopping malls; and we discuss the sentence handed down for the man who defrauded the art world by creating fake Norval Morrisseaus. Stories and cases discussed in this week's episode: Why a proposed bill aiming to prevent kids from accessing porn sites is raising privacy concerns ( CBC News ) The Most Dan...
Dec 20, 2023•50 min•Ep. 18
On Episode 17 of Not Reserving Judgment, we explain the problems with the concept of "Charter values," which has been reaffirmed in a case about language rights in Northwest Territories; we tell you about Uber's lawsuit against the City of Toronto; and we discuss the Ottawa airport's crazy decision to take down a Metis ad. Stories and cases discussed in this week's episode: Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment),...
Dec 14, 2023•40 min•Ep. 17
In this bonus episode, the Hon. Tony Clement interviews Joanna and Christine about their best-selling book 'Pandemic Panic.' 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....
Dec 06, 2023•31 min
On Episode 16 of Not Reserving Judgment, we tell you about a Waterloo school board official who lost his bid to block teacher Carolyn Burjoski's defamation claim after he called her transphobic; we get into the discussion over Alberta's Sovereignty Act motion; and we tell you about an Ontario Court of Appeal decision that found requiring math tests for teachers is not racist. Stories and cases discussed in this week's episode: Court victory for teacher silenced for transgender-book criticism ( N...
Nov 29, 2023•44 min•Ep. 16
On Episode 15 of Not Reserving Judgment, we talk about the Manning Report's recommendations to amend Alberta's laws to better protect rights in future emergencies; we applaud the Supreme Court for refusing to hear the appeal of four men stuck in Syria; and we explain why it was illegal for the federal government to ban single-use plastics like straws and bags on the basis of their "toxicity." Stories and cases discussed in this week's episode: Public Health Emergencies Governance Review Panel fi...
Nov 23, 2023•49 min•Ep. 15
On Episode 14 of Not Reserving Judgment, we talk about why we haven't seen more hate speech charges following the explosion of vitriol at the past month's anti-Israel rallies; we discuss whether caste-based discrimination should be banned; we tell you about the curious case of a woman who says she was fired for calling her underlings "my humans"; we talk about Ontario MPP Sarah Jama's latest outrageous statement; and we share some breaking news about a case we're working on. Stories and cases di...
Nov 15, 2023•39 min•Ep. 14
On Episode 13 of Not Reserving Judgment, we discuss a new Supreme Court decision that found some mandatory minimum sentences for child luring are cruel and unusual punishment; we tell you what we know about Justin Trudeau's latest Supreme Court pick, Justice Mary Moreau; and we talk about a series of human rights complaints that allege CUPE has discriminated against its Jewish members. Stories and cases discussed in this week's episode: 'Alienated, isolated and alone': Jewish union members launc...
Nov 08, 2023•49 min•Ep. 13
On Episode 12 of Not Reserving Judgment, we walk you through a new federal court decision that upheld the Trudeau government’s so-called "military-style assault weapons ban"; we tell you about a new study that found vaccine passports did little to increase uptake of vaccines; and we discuss whether government officials violate free speech when they block constituents on social media. Stories and cases discussed in this week's episode: Justices weigh rules for when public officials can block crit...
Nov 02, 2023•56 min•Ep. 12
On Episode 11 of Not Reserving Judgment, we talk about whether universities like TMU and York are infringing free speech by punishing students for their horrible opinions on Israel; we tell why a Saskatchewan cardiology clinic has left the public medicare system; and we discuss the Soviet-style ticketing of two men for having a private conversation on a Calgary train. Stories and cases discussed in this week's episode: Two Calgary men charged for conversation on transit en route to 1 Million Mar...
Oct 26, 2023•49 min•Ep. 11
On Episode 10 of Not Reserving Judgment, we discuss how the Impact Assessment Act decision is a big win for Alberta; we explain why the Ontario legislature can censure MPP Sarah Jama despite her freedom of expression; and we update you on the travel ban challenge led by former Newfoundland Premier Brian Peckford and PPC Leader Maxime Bernier. Stories and cases discussed in this week's episode: Reference re Impact Assessment Act ( Supreme Court of Canada ) Sarah Jama's statement on Israel ( X.com...
Oct 19, 2023•1 hr•Ep. 10
On Episode 9 of Not Reserving Judgment, we update you on the latest in the Ontario Greenbelt scandal including what it might mean for Premier Doug Ford; we explain why even repugnant protests like the pro-Hamas rally in Toronto are constitutionally protected; and we discuss whether it's really a human rights violation for your hairstylist to drop you due to your political views. Stories and cases discussed in this week's episode: Ontario Greenbelt: Canada police probe Doug Ford land deal ( BBC )...
Oct 11, 2023•1 hr 1 min•Ep. 9
On Episode 8 of Not Reserving Judgment, we explain how C-11, the new online streaming law, impacts free expression by regulating podcasts, YouTube videos (and, yes, pornography); we walk you through a disappointing decision that overturned a judge who wanted to hear evidence of the safety and efficacy of COVID-19 vaccines before mandating them against a parent's wishes; and we share our thoughts on Saskatchewan Premier Scott Moe's decision to use the notwithstanding clause. Stories and cases dis...
Oct 04, 2023•52 min•Ep. 8
On Episode 7 of Not Reserving Judgment, we discuss Waterloo Region's plan to ticket people for saying mean words, we walk you through what happened at last week's Million March for Children protests and counter-protests, and we update you on the latest in the college of physicians' disciplinary proceedings against lockdown and vaccine critic Dr. Kulvinder Kaur. Stories and cases discussed in this week's episode: CPSO drops disciplinary proceedings against Ontario physician for opposing harmful C...
Sep 27, 2023•54 min•Ep. 7
On Episode 6 of Not Reserving Judgment, we discuss whether it was right to criminally charge parents who participated in a 'mini convoy' protest in Newfoundland, talk about whether the Conservative Party's policy resolutions make sense, and rip on the Governor General for not understanding her job. Stories and cases discussed in this week's episode: 2 charged with harassment and causing a disturbance after protest at N.L. premier's home ( CBC ) Conservatives to debate several ‘anti-woke’ policy ...
Sep 12, 2023•40 min•Ep. 6
On Episode 5 of Not Reserving Judgment, we discuss the criminal case against Freedom Convoy participants Tamara Lich and Chris Barber, explain why Wasaga Beach's new "car rally" bylaw goes too far, and talk about Denmark's worrying response to Quran burnings, which are protected speech. Stories and cases discussed in this week's episode: Denmark plans jail term for burning Quran in public ( BBC ) Burning the Quran is offensive. Banning it rewards violent threats. ( Washington Post ) Boucher v. t...
Sep 06, 2023•45 min•Ep. 5
