Episodes

On Episode 109, we discuss whether a constitutional amendment to section 35 could fix the uncertainty surrounding Aboriginal title claims, and we speculate about why the Supreme Court decided to hear an appeal of a Saskatchewan decision on gender pronouns in schools. Stories and cases discussed in this week's episode: MLA seeks clarification on province's stance on Aboriginal title claim for Kamloops, Sun Peaks (Castanet) Kitigan Zibi files land claim over large swath of western Quebec, includ...

On Episode 108, we discuss Josh's testimony in Parliament on Bill C-8, which would allow the minister to cut off phone or Internet access, and the Supreme Court of Canada decision that found a one-year minimum sentence for child pornography is "cruel and unusual punishment." Stories and cases discussed in this week's episode: Liberal MP moves to muzzle “hateful” religious scripture (Juno News) Standing Committee on Public Safety and National Security (ParlVu) Poilievre calls Supreme Court ruli...

On Episode 107, we discuss Alberta Premier Danielle Smith's use of the notwithstanding clause to immunize her back-to-work legislation for teachers, and we explain a failed proposal in B.C. to ban certain land acknowledgments. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Bill C-2, the Back to School Act (Alberta Legislature) Land Acknowledgement Prohibition Act (Dallas Brodie on X) NDP leadership hopefuls line up to condemn Alberta's use of notwi...

On Episode 106, we explain why the proposed hate speech law C-9 really could lead to jail for your memes, we discuss whether the Liberals' proposed tough-on-crime legislation will be constitutional, and we talk about some shocking letters handed out to B.C. property owners. Stories and cases discussed in this week's episode: Bill C-9, An Act to amend the Criminal Code (hate propaganda, hate crime and access to religious or cultural places) B.C. politicians hopeful after Ottawa promise of bail-...

On Episode 105, we explain why B.C. consenting in court to Aboriginal title of all of Haida Gwaii is causing controversy, we discuss the intersection of artificial intelligence and free speech, and we give you our thoughts on the lawsuit against Toronto Metropolitan University. Stories and cases discussed in this week's episode: The Council of the Haida Nation v. British Columbia, 2025 BCSC 1806 (CanLii) B.C. government defends withholding details of shíshálh Nation deal (Vancouver Sun) Lett...

On Episode 104, we explain our concerns with Bill C-8, which would allow the government to secretly cut people off from the Internet, we discuss the constitutionality of the gun grab, and we discuss whether a University of Alberta law professor's academic freedom was violated. Stories and cases discussed in this week's episode: What Happened to the University’s Commitment to Free Expression? Charlie Kirk, uAlberta, and Me (Centre for Free Expression) Crown lands bill would criminalize peaceful...

On Episode 103, we tell you why the Carney government's surprise notwithstanding clause argument could stoke separatism, we explain our concerns with the government's proposal for new hate crimes, and we discuss whether Canada's recognition of Palestine really matters. Stories and cases discussed in this week's episode: Liberals ‘confident’ Canadians will 'voluntarily' obey gun confiscation scheme (Juno) Bill C-9, An Act to amend the Criminal Code (parl.ca) Ottawa’s end run around the Constit...

On Episode 102, we explain why the Carney government's border security bill, C-2, is raising red flags for privacy; we tell you about our new children's book Maple's Garden, and we explain why the Liberals' version of bubble zones for religious institutions might not be so bad. Stories and cases discussed in this week's episode: Maple's Garden: A Canadian Freedom of Speech Story (Amazon.ca) Bill C-2 Backgrounder: New Search Powers in the Strong Borders Act and Their Charter Compliance (Robert...

On Episode 101, we discuss the conviction of an Ontario man for terrorism and hate speech, we explain our concerns with the investigation of a Juno News journalist for his report on a Liberal federal election candidate, and we tell you about some new tough-on-crime proposals. Stories and cases discussed in this week's episode: Ottawa man sentenced to 10 years over neo-Nazi terrorist propaganda (Globe and Mail) R. v. MacDonald, 2025 ONSC 1939 (CanLii) Ottawa Targets Juno News: Criminal Probe I...

On Episode 100, we answer YOUR questions. Can the government ban cash? Do Canadians have any gun rights? Why do cops wait for injunctions? What are the worst Supreme Court decisions of all times? Who do we like better: Katy Perry or Taylor Swift? 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 ...

On Episode 99, we discuss the case of an Ontario homeowner charged after he responded to a home intruder late at night, we tell you about our hearing in the Nova Scotia woods ban case, and we explain why Hamilton's mayor may get away with censoring a billboard. Stories and cases discussed in this week's episode: Ontario man charged after confronting intruder inside home allegedly used knife, court docs say (CBC News) Court Grants CCF Standing to Challenge Nova Scotia Travel Ban (The CCF) Mic...

On Episode 98, we walk you through the monumental Cowichan decision, which found aboriginal title to 1,845 acres of greater Vancouver including over property owned in fee simple, and explain why we disagree with the $94,000 cost award against nurse Amy Hamm. Stories and cases discussed in this week's episode: Cowichan Tribes v Canada (Attorney General), 2025 BCSC 1490 (CanLII) The Less Certain Future of Private Land in British Columbia (Law for Breakfast) B.C. government to appeal historic lan...

On Episode 97, we tell you about some of the arguments we intend to make when we challenge Nova Scotia Premier Tim Houston's ban on walking in the woods. Plus we tell you about a decision that found first-past-the-post voting is not unconstitutionally racist or sexist. Stories and cases discussed in this week's episode: CCF Petition: Tell Premier Houston to Re-open Nova Scotia Trails The critics of Nova Scotia’s ban on accessing the woods don’t understand our culture Fair Voting BC v. Canada (...

On Episode 96, we explain what's wrong with the Ontario court decision that found a constitutional right to bike lanes in Toronto, and we tell you about Nova Scotia Premier Tim Houston's outrageous ban on walking in the woods. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Cycle Toronto et al. v. Attorney General of Ontario et al., 2025 ONSC 4397 (CanLii) Ontario court strikes down Ford government's plan to remove Toronto bike lanes (CBC News) Quebe...

On Episode 95, we discuss the de-banking of a Freedom Convoy lawyer; we dig into the acquittal of five hockey players who were accused of sexually assaulting a woman in a London, Ont., hotel room; and we explain why bubble zones are a serious risk to freedom. Stories and cases discussed in this week's episode: R. v. Akbari, 2025 ONCJ 398 (CanLii) Joanna Baron: The Hockey Canada sexual assault trial verdict is a just legal outcome—but that’s not the end of the story (The Hub) Freedom Convoy l...

On Episode 94, we discuss Parks Canada's dubious decision to cancel the permit of a MAGA-supporting singer, we tell you about our new intervention in a case challenging the Impact Assessment Act, and we discuss Premier Smith's proposals for constitutional amendments. Stories and cases discussed in this week's episode: Permit revoked for MAGA musician's concert at Parks Canada site, but show will go on (CBC News) Calls for Canada to bar bands Kneecap, Bob Vylan over anti-Israel messages test li...

On Episode 93, we discuss a heroic citizen's arrest in Ottawa and walk you through Alberta's new ban on sexually explicit books in schools. Plus, we share our Bad Legal Takes of the Week, including a proposal to ban terror symbols and a non-binary American's asylum claim. Stories and cases discussed in this week's episode: Man stops Ottawa robbery suspect with dog-leash handcuffs, raising questions about limits of citizen’s arrests (Globe and Mail) Section 494 of the Criminal Code of Canada Al...

On Episode 92, we tell you about our newest case, which will challenge a ban on holding signs in Niagara Falls city council chambers, and we will explain whether border officials can demand the password to your phone or laptop. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Crossing the U.S. Border? Keep Your Electronic Devices Safe from Searches Canada rescinds digital services tax to advance broader trade negotiations with the United States Examini...

On Episode 91, we tell you about the arrest of three women for holding up a sign in city council, we discuss a new Quebec prison policy that will assign trans prisoners based on their anatomical sex, and we explain why a man was acquitted because he took magic mushrooms. Stories and cases discussed in this week's episode: Winnipeggers warned to keep their grass short or face fines Three women arrested in Niagara Falls for protesting city councillor charged with abuse Canada's Most Censorious B...

On Episode 90, we tell you about a legal challenge to London, Ontario's "graphic images" bylaw that bans images of fetuses in public, and we discuss a legal challenge by a former University of Saskatchewan student (our friend Tim), who punished for his opinions on D.E.I. Stories and cases discussed in this week's episode: ARPA Canada Challenges London’s “Graphic Image” Bylaw as Unconstitutional Restriction on Pro-Life Expression (ARPA) London group to screen documentary on what it did to ban g...

On Episode 89, we tell you about the Liberals' plan to exempt big projects from any federal law without Parliamentary approval, Ontario's plans to reduce wokeness in education, and the shameful response to complaints about a Charlie Hebdo cartoon on an exam in Manitoba. Stories and cases discussed in this week's episode: Government rejects Bloc’s call to split internal trade, major projects legislation What federal Bill C-5, the One Canadian Economy Act, is all about No jail time for B.C. man ...

On Episode 88, we tell you about a new bill that would ban big cash transactions, let police get some info without a warrant, and allow an immigration freeze. Plus, we discuss our new report on Canada's Most Censorious Bylaws, and a new law aimed at cultivating Quebec values. Stories and cases discussed in this week's episode: CCF Presents First-Ever Municipal Muzzle Award for Canada’s Most Censorious Bylaw BILL C-2 Can Ottawa solve the problem of millions of expiring Canadian visas? Parents u...

On Episode 87, we tell you about Toronto's new bubble zone bylaw (a.k.a. protest ban), we discuss whether police can use Clearview AI facial recognition technology without violating privacy rights, and we update you on our latest win for free speech in Whitehorse, Yukon. Stories and cases discussed in this week's episode: CCF to drop lawsuit after Whitehorse amends speech-restricting Civility Policy (CCF) Some protests in Toronto are crossing lines. We shouldn’t let city staff decide where tho...

On Episode 86, we discuss the Federal Court decision green-lighting the killing hundreds of ostriches on a farm in B.C., we tell you about two new decisions that found vaccine mandates breached Charter rights, and we give you our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Labour board rules denial of religious exemption from vax mandates breached Charter (Western Standard) WestJet ordered to pay 11 months' salary to accountant fired for refusing to be vacc...