On Episode 63, we tell you about the Trudeau government's shocking position on freedom of peaceful assembly in the Emergencies Act case; and we discuss the legal implications of some Yukon municipal councilors refusing to take an oath to the King. Stories and cases discussed in this week's episode: 'Hamas is applauding': Mississauga mayor urged to stop vigil for terror leader Yahya Sinwar CCF files materials in appeal of decision that found use of Emergencies Act against truckers unlawful Town c...
Nov 13, 2024•37 min
On Episode 62, we tell you about an Alberta man who obtained an injunction to block his girlfriend's assisted-death; we explain why we intervened in a challenge to first-past-the-post; and we discuss the calls in Ontario to use the notwithstanding clause to end encampments. Stories and cases discussed in this week's episode: B.C. judge urgently halts assisted death of Alberta woman, the day before MAID procedure Canada must provide reparations to families of children missing at residential schoo...
Nov 06, 2024•48 min
On Episode 61, we analyze the proposal to improve protections for property, firearms and medical autonomy in the Alberta Bill of Rights; we discuss a Quebec decision that found repeated random stops unconstitutional; and we tell you about a B.C. librarian's argument that she's facing discrimination because she can't pick her kid up on time from daycare. Stories and cases discussed in this week's episode: Victoria library staffer told to choose between job and child care will get hearing with hum...
Oct 30, 2024•54 min
On Episode 60, we discuss the sentencing William Adamson Skelly, who was convicted for operating a BBQ business without a license during COVID-19; we explain the constitutional challenge to Ontario's climate targets; and we discuss chilling new details about MAID. Stories and cases discussed in this week's episode: Toronto (City) v. Adamson Barbecue Ltd., 2024 ONCJ 525 (CanLII) Yuan Yi Zhu: Debunking the myth of the Persons Case Restaurant owner who fought COVID lockdown guilty of operating with...
Oct 23, 2024•51 min
On Episode 59, we give you an update on Jordan Peterson's fight with the Ontario College of Psychologists, we explain why Samidoun has been listed as a terrorist entity, and we tell you about how the justice system in Windsor, Ont., appears to be failing the public. Stories and cases discussed in this week's episode: No jail, but Windsor judge orders restitution for downtown window-smashing spree Why haven’t prosecutors decided on charges over B.C. comments praising Hamas? Canada designates Sami...
Oct 16, 2024•30 min
On Episode 58, we tell you about a Quebec decision that found it's discriminatory to not give subsidized daycare to asylum seekers, we explain a new Supreme Court ruling that upheld airline passenger compensation regulations, and Josh complains endlessly about WestJet. Stories and cases discussed in this week's episode: RA v. WestJet Airlines Ltd WestJet ordered to pay more than $2K to passengers after offering $16.17 as reimbursement Court reserves decision on Sask. government plea to get clima...
Oct 09, 2024•42 min
On Episode 57, we tell you about a win and a loss in the war against expression-limiting codes of conduct, and we explain the problems with the proposal to criminalize 'residential school denialism.' Plus Preston Manning's proposed Act Respecting Provincial Jurisdiction. Stories and cases discussed in this week's episode: Clark v City of Medicine Hat, 2024 ABKB 513 (CanLII) OCDSB trustee's bid for judicial review of Code of Conduct sanctions dismissed Kinew denies claims of toxic, dysfunctional ...
Oct 02, 2024•52 min
On Episode 56, we walk you through some potential court challenges to right the ship of federalism, explain why the Canada Health Act must change, and fill you in on the latest news about the Online Harms Act. Plus, should Lake Winnipeg be legally defined as a person? Stories and cases discussed in this week's episode: Bill C-13: An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts Canada...
Sep 25, 2024•59 min
On Episode 55, we talk about B.C.’s plan to expand involuntary treatment, we discuss the B.C. Law Society’s attack on two members for requesting that a mandatory Indigenous training course be accurate, and we tell you about a lawsuit involving a gender-fluid dog. Stories and cases discussed in this week's episode: Social worker wins £55,000 after row about gender-fluid dachshund Statement on member resolution submitted by James I. Heller and Mark T.K. Berry B.C. to introduce involuntary care for...
Sep 18, 2024•32 min
On Episode 54, we discuss the dramatic and escalating strike situation at McGill Law and a partial victory for free expression following an unconstitutional Niagara Region City Council decision. Stories and cases discussed in this week's episode: Threat of constitutional challenge leads Niagara Regional Council to change sign and prop bans McGill law professors on strike in protest of challenge to union certification Toronto judge gets rebuke for ‘mocking,’ ‘inflammatory’ and ‘inappropriate’ com...
Sep 04, 2024•38 min
On Episode 53, we explain why freedom of speech advocates are concerned about France's arrest of Telegram founder Pavel Durov; we discuss whether magic mushrooms should be legal; and Josh calls b.s. on a self-identified bisexual asylum seeker who wants 'status for all.' Stories and cases discussed in this week's episode: After Canada cancelled his deportation, this bisexual man pushes for status for all A guide to the Digital Services Act, the EU’s new law to rein in Big Tech First-time culprit:...
Aug 28, 2024•31 min
On Episode 52, we explain the proposed class actions related to COVID-19 vaccines and lockdowns in Alberta; we discuss the new legal challenge that argues the mentally ill have a right to MAID; and we update you on the harsh sentences for speech crimes in the U.K. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week's episode: Who are the rioters and what jail sentences have they received? 'Burn it all down': Head of B.C. civi...
Aug 21, 2024•56 min•Ep. 52
On Episode 51, we update you on Jordan Peterson's fight for freedom of expression; we tell you why the new commissioner of the Canadian Human Rights Commission stepped down; and we walk you through a decision on when phones & laptops can be searched at the border. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week's episode: Peterson v. College of Psychologists of Ontario, 2023 ONSC 4685 (CanLII) Jordan Peterson v. Colle...
Aug 14, 2024•1 hr•Ep. 51
On Episode 50, we explain why Toronto Police might have violated a man's rights by arresting him for breach of the peace at an anti-Israel protest; we tell you about an Ontario man facing $400,000 in archeological fees; and we update you on the criminal trial of two men in Coutts. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week's episode: Christie Blatchford: Justice at last for Caledonia man arrested for carrying a Canad...
Aug 07, 2024•53 min
On Episode 49, we explain a new Supreme Court treaty decision that could cost tens of billions; we chastise Niagara Regional Council for banning signs from council meetings; and we walk through a new report that says inter-provincial trade barriers cost $200 billion per year. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week's episode: Niagara Region sparks more outrage from Palestine Coalition Ontario (Attorney General) v....
Jul 31, 2024•44 min•Ep. 49
On Episode 48, we tell you about the Supreme Court's decision that legislatures don't have full immunity from damages when they pass clearly unconstitutional laws; and we explain why the Court rejected our intervention in a case about who decides which firearms are prohibited. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week's episode: Edmonton Police Commission passes more restrictive rules for public presentations at mee...
Jul 24, 2024•27 min
On Episode 47, we tell you about a B.C. woman forced to go to the U.S. for cancer care; we discuss a decision that says judges can’t just assume vaccines are safe and effective; and we tell you about a win by Saskatchewan in their fight against Trudeau's carbon tax. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week's episode: Legal bodies shouldn’t accept claims of vaccine safety without evidence, B.C. panel finds 'Safe for...
Jul 17, 2024•48 min•Ep. 47
On Episode 46, we discuss whether the right to freedom of expression protects naturalized gardens, we explain why Justice Jamal recused himself from the challenge to Quebec's secularism law; and we update you on the brewing constitutional crisis involving the Senate. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week's episode: Queer rights are in danger in Canada. Pierre Poilievre owns some of the blame Should the Senate bl...
Jul 10, 2024•50 min•Ep. 46
On Episode 45, we tell you about a case that will force the Supreme Court to grapple with the when police can go onto a person’s driveway without violating rights; we get into the controversy over the mayor in Quesnel, B.C.; and we walk you through the U of T injunction decision. Stories and cases discussed in this week's episode: Asleep at the Wheel: Reasonable Expectation of Privacy R v Singer, 2023 SKCA 123 (CanLII) City of Quesnel seeks to dismiss mayor's lawsuit over censuring Quesnel city ...
Jul 03, 2024•52 min•Ep. 45
On Episode 44, we tell you about a family suing a Catholic hospital in Vancouver because it wouldn't perform MAID on site; we discuss how the new 'green-washing' law harms free expression; and we explain the controversy over the new federal human rights commissioner. Stories and cases discussed in this week's episode: Government Appoints New Chief of Canadian Human Rights Commission Who Linked To Articles Comparing Israelis to Nazis, Called for Israel Boycott (Michael Geist) Oil and gas industry...
Jun 26, 2024•40 min•Ep. 44
On Episode 43, we give a full recap of the hearing at which the University of Toronto requested an injunction to have the People's Circle for Palestine encampment removed. We dig into whether the issues including whether the Charter applies, freedom of speech and trespass. 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 charit...
Jun 21, 2024•1 hr•Ep. 43
On Episode 42, we dig into the new details about how the government plans to regulate your expression through the Online News Act, the Online Streaming Act and the Online Harms Act. Plus we tell you about a lawyer who got in trouble for calling TMU law a 'clown school.' Stories and cases discussed in this week's episode: Peter Menzies: Say goodbye to Netflix, Canada? Why the Online Streaming Act might just run them (and other international streamers) out of the country Joanna Baron: The Liberals...
Jun 12, 2024•1 hr 1 min•Ep. 42
On Episode 41, we discuss why Newfoundland is suing the federal government over equalization; we explain the debate over whether mandatory union dues violate conscience rights; and we tell you about the latest loss in the fight against COVID-19 gathering limits. Stories and cases discussed in this week's episode: Anti-masker loses bid to have pandemic ticket turfed Winnipegger loses court fight to quash ticket for attending People's Party rally amid pandemic restrictions Premier Brian Pallister ...
Jun 05, 2024•51 min•Ep. 41
On Episode 40, we discuss the University of Toronto's request for a court order to clear out the campus occupiers; we talk about whether a good Samaritan law meant to prevent overdoses protects drug dealers against drug charges; and we update you on the MPP Sarah Jama affair. Stories and cases discussed in this week's episode: MPP Sarah Jama’s court challenge of her censure at Ontario legislature is dismissed Updated: Partial injunction granted against pro-Palestinian encampment at UQAM The Gove...
May 29, 2024•Ep. 40
On Episode 39, we discuss McGill's failed attempt to get an injunction against the protesters occupying campus; we tell you about a disappointing court ruling that upheld a B.C. vaccine mandate; and we explain why an arbitrator found Canada Post's vax mandate unreasonable. Stories and cases discussed in this week's episode: City surrendered to Uber's bullying tactics and abandoned Ottawa cabbies, judge rules Chris Selley: Cities have made their bylaws into an ass A judge ruled that tacos and bur...
May 22, 2024•55 min•Ep. 33
On Episode 38, we discuss what formerly secret testimony about the invocation of the War Measures Act tells us about history repeating itself; we explain the court ruling that considered whether bylaw can ban swinging, and we give our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: We need a law against lying in politics Josh Dehaas: The Trudeau family tradition of invoking unnecessary emergency powers Calgary swinger will continue to have group sex parties in hi...
May 15, 2024•33 min•Ep. 38
On Episode 37, we tell you about the new sabotage provision snuck into the foreign interference bill; we discuss Poilievre's proposed use of the notwithstanding clause; and we explain why we oppose the federal program that funds activists to sue the government. Stories and cases discussed in this week's episode: BILL C-70: An Act respecting countering foreign interference Tasha Kheiriddin: Liberal foreign interference bill won't stop Chinese meddling Montréal (City) v. 2952-1366 Québec Inc. Irwi...
May 08, 2024•54 min•Ep. 37
On Episode 36, we tell you about a challenge to Newfoundland's COVID-19 travel restrictions that's heading to the Supreme Court; we explain why a rare hate crime charge has been dropped; and we discuss why a B.C. woman's civil disobedience landed her 60 days in jail. Stories and cases discussed in this week's episode: Fairy Creek old-growth protesters celebrate as a slew of contempt charges are withdrawn Green Party deputy leader gets jail time for Fairy Creek protests Feds halt deportation of B...
May 01, 2024•47 min•Ep. 36
On Episode 35, Josh and Joanna discuss the possible merits and demerits of a proposed mandatory drug treatment law in New Brunswick and the pro-Hamas protests roiling U.S. college campuses and Canadian cities. Plus, they give their Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Higgs won't rule out notwithstanding clause for addiction treatment bill Bill on forced addiction treatment will include evaluation process, minister says Ford government says Highway 413...
Apr 24, 2024•37 min
On Episode 34, Josh explains why he thinks Governor General Mary Simon should resign; Christine gives you the highlights of the Canada Strong and Free Network conference including Poilievre's speech, and Joanna tells us about a Quebec law aimed at protecting politicians. Stories and cases discussed in this week's episode: Jamie Sarkonak: Governor General's online harm symposium was unbefitting of her office “Apolitical” Simon Likes Bill Gave $96,100 To CBC Pundit MPs To Review GG Expenses $18M F...
Apr 17, 2024•49 min•Ep. 34
