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!* Stor…

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!* Stor…

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 sh…

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 s…

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 …

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!* St…

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!* S…

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 Whe…

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 …

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…

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 …

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 pande…

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 cour…

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…

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 pol…

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 counter…

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 protest…

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 …

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 G…

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 Take…

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 disc…

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 ch…

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 …

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 "graphi…

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 in…

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 u…

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…

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 …

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 Runnym…

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 …

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 Em…

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 terro…

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 …

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 bloc…

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 discus…

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 discuss…

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 chari…

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…

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 stra…

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"; w…

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 dis…

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…

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 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. Stori…

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 y…

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 agai…

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. Ku…

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…

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 pl…

On Episode 4 of Not Reserving Judgment, we discuss the legality of forcing repeat violent offenders into treatment, explain why a proposal to criminalize residential school "denialism" is a grave threat to free expression, and talk about whether it's OK for wannabe judges to attend partisan fundraisers. Stories discussed in this week's episode: Man…