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In Episode 142, we tell you about a victory for free speech after a court rules Ontario can't ban billboards just because they criticize politicians and public health officials. Plus, a horrific Ontario incest case shows why the reasonable hypotheticals doctrine isn't so reasonable after all.
Stories and cases discussed in this week's episode:
R. v. D.C. #2, 2026 ONSC 3029 (CanLii)Katerberg v. Ontario (Ministry of Transportation), 2026 ONSC 3991 (CanLII)Judge says it would be 'cruel and unusual' to send Ontario man who sexually assaulted 12-year-old sister to jail (National Post)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 141, we tell you about reporting that says B.C. may be about to recognize the Tahltan have Aboriginal title over up to 11% of the province. Plus, we explain what's in the Ministry of Industry memo that says the government could start suing over misinformation on social media.
Stories and cases discussed in this week's episode:
Backed by Ottawa, BC negotiates governance, Aboriginal title in mineral-rich northwest (Northern Beat)The Greatness of the Constitution Shines in the Birthright Citizenship Case (The Free Press)Would Sue Over Social Posts (Blacklock's Reporter)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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Saknas det avsnitt?
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In Episode 140, we tell you about the case of a Muskoka, Ontario, drag performance critic charged with criminal hate speech. Plus we discuss a new report that shows half of criminal charges in Canada are stayed or withdrawn.
Stories and cases discussed in this week's episode:
‘Very vocal, very harassing and very bigoted’: Protester arrested at Muskoka Pride drag show (Gravenhurst Banner)Justice delayed: Nearly 60% of violent crime cases are stayed or withdrawn in Canada (The Hub)‘Occasionally Checks’ Judges (Blacklock's Reporter)Oops? NPR retracts Samuel Alito’s retirement (Bing)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 139, we tell you about the case of an Ontario couple who could be on the hook for $1 million or more in archeology and reconciliation fees, after finding ancient remains on their property. Plus, we tell you about Justice Glenn Joyal, the newest member of the Supreme Court.
Stories and cases discussed in this week's episode:
Alberta enacts a U.S.-style two-tier health care system (Policy Alternatives)Quebec town officially recognizes trees as sentient living beings with their own rights (National Post)The Honourable Glenn D. Joyal's questionnaire (Office of the Commissioner for Federal Judicial Affairs Canada)Indigenous ancestral remains found on Ontario property could cost this couple $319K (CBC News)Carney nominates Manitoba’s Glenn Joyal to Supreme Court (Globe and Mail)Buried Costs: One Family's Fight for Their Property (TheCCF.ca)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 138, we update you on the case of a small-town mayor fined for opposing a Pride proclamation, and we explain why we think the Quebec government owes taxi drivers for taking their property. Plus, our Bad Legal Takes of the Week go to the CCLA and Amber Mac.
Stories and cases discussed in this week's episode:
Quebec taxi permit holders are asking the Supreme Court to hear their case (CityNews)Court orders Quebec to pay former taxi permit holders $219 million (Montreal Gazette)Ontario court dismisses Township of Emo’s request for review of Human Rights Tribunal ruling (YourSunsetCountry.ca)Borderland Pride v. Corporation of the Township of Emo, 2024 HRTO 1651 (CanLii)Josh Dehaas: Carney's plot to censor the entire internet (National Post)Ottawa is trying to censor AI chatbots with new online harms law (The Hub)Stop Internet Censorship Petition (TheCCF.ca)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 137, we explain why the Carney government's plan to regulate artificial intelligence and social media may be the biggest threat to free speech in decades. Plus, Ontario’s Court of Appeal overturns ruling that found a law blocking animal activists from farms violated free speech.
Stories and cases discussed in this week's episode:
Bill C-34, the Safe Social Media Act, Explained (TheCCF.ca)Safe Social Media Act Animal Justice v. Ontario (Attorney General), 2026 ONCA 380 (CanLii)Alberta town orders removal of pro-separation billboard, calling it a 'nuisance' (CBC News)STOP BILL C-34 PetitionNot Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 136, we explain why Nanaimo, British Columbia got our 2026 Municipal Muzzle Award for censoring Ben Bankas' comedy show, and we explain the status of Bill C-9, which would chill religious speech and may now also outlaw residential school 'denialism.'
Stories and cases discussed in this week's episode:
CCF’s Municipal Muzzle Award Calls Out Nanaimo for Cancelling Comedy (TheCCF.ca)Share Your Thoughts With Nanaimo City Council (CCF Letter Writing Campaign)Nanaimo’s Port Theatre cancels controversial comedian’s show (CHEK)Bill C-9 amended to criminalize "residential school denialism" (Juno)Criminalizing denialism is not the path to truth (Globe and Mail)CCF Petition: Tell the Senate to Fix Bill C-9 (TheCCF.ca/fixbillc9)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 135, we take a deep dive into an decision that says Waterloo Region can't tear down a homeless encampment to build a transit hub because that would violate the rights to life, liberty, security of the person and equality. Plus, Alberta to hold a referendum on a referendum.
Stories and cases discussed in this week's episode:
Premier Doug Ford could use notwithstanding clause on Waterloo Region’s encampment ruling (CTV News)Dear Albertans, here’s what you need to know about the Clarity Act (National Post)Belgian court convicts nationalist activist for lecture that would be protected in the US (Brussels Signal)Stratford's 'Strong Mayors' challenge hinges on three main arguments (Stratford Beacon Herald)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 134, we tell you about a BC Human Rights Tribunal decision that finds holding the classical liberal view on DEI is not a protected political view, unlike socialism. Plus, we discuss the newly-created tort of intimidate partner violence.
Stories and cases discussed in this week's episode:
Gordon v. Simon Fraser University, 2026 BCHRT 101 (BCHRT)Ahluwalia v. Ahluwalia (Supreme Court of Canada)Should family violence be it's own new tort? A debate! (Canadian Justice)For intervenors in SCC case, the implications of a new tort of family violence are far-reaching (Canadian Lawyer)Sign our Bill C-22 petition (TheCCF.ca)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 133, we explain why Kelowna can move ahead with its petition to rein in Freedom Rally protesters and we discuss an Edmonton Police pilot project using bodycams and facial recognition software. Plus, we share our Bad Legal Takes of the Week.
Stories and cases discussed in this week's episode:
Kelowna (City) v Lindsay, 2026 BCSC 842 (CanLii)City of Kelowna wins court battle to proceed with injunction against COVID rallies (Castanet)Edmonton police emails, documents provide new information on Canada-first AI facial recognition bodycam pilot (CBC News)Canada gave citizenship to a terrorist. Revoking it has been ‘ridiculously’ slow (Global News)CCF to intervene in Supreme Court case defending online reviews as free expression (TheCCF.ca)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 132, we tell you what conservatives and libertarians are clashing over at the Canada Strong and Free conference in Ottawa. Plus, we tell you about our latest victory on the free speech front.
Stories and cases discussed in this week's episode:
CCF Victory: South Bruce Peninsula, Ontario reverses unconstitutional protest ban (TheCCF.ca)CCLA Condemns Ontario’s Expansion of Arrest Powers to Transit Special Constables (CCLA)Explainer: Bill C-22 increases risk of surveillance state, government spying (TheCCF.ca)SCOOP: Jen Gerson: Elections Alberta's massive failure could have put people in danger. I tried to warn them. (The Line)Pierre Poilievre urges conservatives to keep fighting in networking conference speech (CTV News)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 131, we discuss whether the University of Lethbridge's banishment of Professor Frances Widdowson violated the right to freedom of expression, and we tell you about a Nova Scotia law that bans naming kids who died in care. Plus, our Bad Legal Takes of the Week.
Stories and cases discussed in this week's episode:
Bill that shields identity of children in care even after death receives royal assent (CBC News)FAQ on Free Speech in Canada (TheCCF.ca)Response to Media (University of Lethbridge)Cancelling talk breached Charter freedoms, controversial academic argues in court (CBC News)Disrobing the Aboriginal Stalinists on a Canadian Campus (Minding the Campus)Into Wokism’s Raging Maw: Frances Widdowson at the University of Lethbridge (C2C Journal)Disrobing the Aboriginal Industry (McGill University Press)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 130, we explain our concerns that the upcoming Online Harms Act will include a digital safety commissioner tasked with censoring speech online, and we walk you through our successful challenge to Nova Scotia's woods ban. Plus, our Bad Legal Takes of the Week.
Stories and cases discussed in this week's episode:
‘Serious’ On Internet Controls (Blacklock's Reporter)Statement on removal of extreme violent content (eSafety Commission)Federal Court chooses not to extend temporary order blocking terrorist attack vision on social media platform X (ABC)CCF concerned by Online Harms Act (TheCCF)Alberta rejects commission’s proposed changes to province’s electoral map (The Globe and Mail)CCF issues warning to Annapolis Royal over decision to end livestreaming of meetings (TheCCF.ca)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 129, we explain why floor crossings are constitutionally permitted in Parliament even if they betray local voters, and we dig into the Canada Research Chair program's quotas, which lead to professor job postings limited to only women and people with disabilities.
Stories and cases discussed in this week's episode:
2019 Addendum to the 2006 Canadian Human Rights Settlement Agreement (Canada Research Chairs)2021 Canadian Human Rights Settlement Agreement (Canada Research Chairs)Assistant or Associate Professor- Tier 2 Canada Research Chair in Forestry and Environmental Stewardship (UBC)Could we ban floor crossing in Canada (Brian Lilley)Preston Manning: It is time for some Liberals to cross the floor (National Post)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 128, we discuss the impact of the $90-billion Alto high-speed rail proposal on property rights, and we explain why we're opposed to Quebec's Bill 9, which would ban prayer in many public places. Plus, we give you our Bad Legal Takes of the Week.
Stories and cases discussed in this week's episode:
Alto's CEO answers questions about the high-speed rail project (CBC News)Special expropriation rules for VIA’s High Speed Rail project erode long-standing property protections, due process (Montreal Economic Institute) Bill 9, An Act respecting the reinforcement of laicity in Québec (Assemblee Nationale du Quebec)Quebec prohibits street prayers, extends religious symbols ban as opponents vow legal fight (Montreal Gazette)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 127, we consider whether Ontario's and Alberta's attempts to get politics out of the classroom will help or hinder freedom of expression. Plus, we explain our concerns with C-22, a federal bill that would require telecom companies to keep track device locations for one year.
Stories and cases discussed in this week's episode:
Ford government warns school boards to keep graduation ceremonies ‘apolitical’ (Toronto Star)Bill C-22: An Act respecting lawful access (Parliament of Canada)Ontario education minister tells schools to keep graduation ceremonies strictly ‘apolitical’ (CP24)Alberta Education Bill Entrenches Censorship in Schools (CCLA)'I don't think we need a police state': ATA president worried about Bill 25's impact on schools (Edmonton Journal)Bill 25: An Act to Remove Politics and Ideology from Classrooms and Amend the Education Act, 2026 (Alberta Legislature)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor.
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.
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In Episode 126, we explain what happened this week at the Supreme Court in the notwithstanding clause case, we explain why the R v Singer decision means you should consider putting up a No Trespassing sign. Plus, our Bad Legal Takes of the Week.
Stories and cases discussed in this week's episode:
How a ban on religious symbols has triggered a Canadian constitutional debate (BBC)R. v. Singer, 2026 SCC 8 (Supreme Court of Canada)Was Upset By Facebook Post (Blacklock's Reporter)Judge cuts down scope of Calgary bubble zone bylaw; CCF calls on city to fully repeal (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.
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In Episode 125, we give you a full recap of the three-day hearing in Halifax into the constitutionality of Nova Scotia's ban on traveling into the woods, and we explain why Ontario Premier Doug Ford's attempt to shut down the Al-Quds Day protest properly failed. Plus, our Bad Legal Takes of the Week
Stories and cases discussed in this week's episode:
Final arguments made in Nova Scotia woods ban challenge (CTV News)CCF in Court This Week Challenging Nova Scotia’s Unconstitutional Woods Ban (TheCCF.ca)The Hard Lesson of Al Quds Day: Free Speech Protects the Repugnant (Christine Van Geyn.ca)Al-Quds Day protest proceeds after court rejects Ford’s injunction bid (Global 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.
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In Episode 124, we explore both the practical and theoretical constitutional consequences of Alberta separation, however unlikely, and particularly for Indigenous groups in that province. Christine explains the recent Kanyinda decision from the Supreme Court of Canada (Quebec (Attorney General) v. Kanyinda, 2026 SCC 7) and it looks like, once again, we have more "bubble zones" to fight.
Stories and cases discussed in this week's episode:
Protecting access to places of worship, schools (BC Gov News)Marc Miller says Musqueam deal has ‘nothing to do with’ private property (Toronto Star)Quebec (Attorney General) v. Kanyinda, 2026 SCC 7 (Supreme Court Judgments)Indigenous Chiefs gather at legislature, pressure Alberta to quash separatism push (Global 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.
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In Episode 123, we explain the new agreement between Canada and the Musqueam Nation recognizing Aboriginal title in Greater Vancouver. Plus, we discuss the new mandatory Indigenous cultural course requirement for all lawyers in the Province of Ontario.
Stories and cases discussed in this week's episode:
‘Alarming’: Police monitoring released murderer ‘closely’ as community expresses concern (CP24)A Rights Recognition Agreement (Crown-Indigenous Relations and Northern Affairs Canada) Approval of an Indigenous cultural training course (Law Society of Ontario)What Does the Musqueam Agreement Mean? (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.
- Visa fler
