Episodes

On Episode 85, we tell about the outrageous decision by Kingston Police to use drones to spy on drivers in their cars, we explain why Canada's privacy laws are overdue for an update, and we walk through the dubious claim that First Nation treaties could block Alberta separation. Stories and cases discussed in this week's episode: Kingston Police Traffic Safety Unit incorporates drone technology to address distracted driving Drone Surveillance of Drivers “Clearly Unconstitutional" (CCF) R. v. J...

On Episode 84, we tell you about a proposed Ontario law that would allow police to seize suspected 'proceeds' of drugs from landlords, we discuss whether kids have a constitutional right to a particular climate change target, and we update you on western separation efforts. Stories and cases discussed in this week's episode: Ontario Attorney-General defends Ford’s comments on judicial independence (Globe and Mail) Bill 10, Protect Ontario Through Safer Streets and Stronger Communities Act, 202...

On Episode 83, we explain how Premier Smith just made Alberta separation easier, and discuss what to expect from PM Carney on healthcare, pipelines and free speech. Plus, our Bad Legal Takes including the dubious claim that land acknowledgements aren't political. Stories and cases discussed in this week's episode: Christine Van Geyn: Beware Liberal, NDP attacks on free expression (National Post) Premier Smith's letter to Trudeau over the Impact Assessment Act (Alberta.ca) Alberta sets ground...

On Episode 82, we consider whether the Liberals' misleading MAGA buttons violated election laws; we discuss what to expect from Mark Carney on civil liberties if he wins on April 28; and we explain our argument at the Supreme Court on the right to inter-provincial travel. Stories and cases discussed in this week's episode: Liberal operatives planted 'stop the steal' buttons at conservative conference (CBC News) Victory for Canadian Constitution Foundation: court strikes down election censorshi...

On Episode 81, we discuss why we're taking UBC to court for its political activity, we walk you through an Ontario Court of Appeal decision that found Ontario's COVID-19 protest ban violated peaceful assembly, and we explain why McGill is breaking with its student union. Stories and cases discussed in this week's episode: WARMINGTON: Why punish guy trying to free Sir John A. Macdonald from a box? McGill cuts contractual relationship with student union following pro-Palestinian protest UBC prof...

On Episode 80, we tell you about a new citizenship law on a Saskatchewan First Nation that would allow people to be banned based on 'maturity,' and we walk you through a decision that found the government owed no duty of care to a boy who died after the COVID-19 vaccine. Stories and cases discussed in this week's episode: Hartman v. Attorney General of Canada et al., 2025 ONSC 1831 (CanLII) Test case on First Nation's citizenship law (Blacklock's) Carney says he will not repeal Liberals' anti-...

On Episode 79, we discuss why the NSICOP Act limits what Pierre Poilievre can say after he gets a security briefing, we tell you about the curious constitutional challenge to closing some of Ontario’s safe injection sites, and we consider the constitutionality of an export tax on oil. Stories and cases discussed in this week's episode: Carney refuses to rule out export taxes on Alberta oil or Sask uranium and potash against US (Western Standard) Protecting Vulnerable Social Infrastructure By-l...

On Episode 78, we discuss the B.C. premier's apparent power grab (Bill 7); we explain why it was wrong to discipline B.C. nurse Amy Hamm for her off-duty speech about sex; and we tell you about hate crime charges in Toronto. Plus, our thoughts on Mahmoud Khalil's deportation. Stories and cases discussed in this week's episode: CCF to Premier Eby: Reconsider Bill 7’s Brazen Power Grab Amy Hamm: I spoke the truth about women's rights. That isn't professional misconduct (National Post) B.C. Coll...

On Episode 77, we tell you why an Ontario man has to pay drag performers $380,000 for his 'groomer' comments, we discuss the constitutional limits of PM Carney's position, and we explain why the new election spending decision was not 'Canada's Citizen's United.' Stories and cases discussed in this week's episode: Man must pay $380K for ‘hate speech’ on his northern Ont. Facebook page Howard Anglin: The constitutional limits on Carney’s powers as prime minister Top court finds Ontario spending ...

On Episode 76, we explain what happened in an appeal of Mississauga's decision to mow down a man's naturalized garden; we update you on our Calgary anti-protest bylaw challenge; and we tell you about a teacher bragging about keeping kids from reading about Elon Musk. Stories and cases discussed in this week's episode: Ruck v. Mississauga (City), 2025 ONCA 147 (CanLII) Ruck v. City of Mississauga, 2024 ONSC 2579 (CanLII) Teacher-Librarian trashes Elon Musk book Ontario Court of Appeal sends dec...

In lieu of our regular programming this week, we're sharing Litigation Director Christine van Geyn's recap of yesterday's court hearing on the City of Calgary's ban on specified protests outside of recreational centres and libraries. We'll be back next week with a regular episode!

On Episode 74, we tell you about a new report on the program doling out taxpayer dollars to activist groups suing the government; we discuss a new election signs bylaw in St. Catharines, Ont.; and we tell you about a Supreme Court case about when police can enter your property. Stories and cases discussed in this week's episode: St. Catharines bans display of election signs on non-residential property (CHCH) CCF at the Supreme Court in case about police search powers TODAY February 18 The Cou...

On Episode 73, we consider Pierre Poilievre's novel interpretation of constitutional rights in relation to fentanyl; we discuss Calgary's attempt to have a questionable LGBT expert give evidence in our bylaw challenge; and we tell you about the monks buying up land in P.E.I. Stories and cases discussed in this week's episode: Monks, money and the fierce debate over PEI’s scarce land Government asked to order new investigation into Buddhist land ownership in P.E.I. 'A privilege and an honour': ...

Instead of our regular episode, Christine gives you a full recap of day two of arguments in our Emergencies Act appeal in the Federal Court of Appeal. Read more: Christine Van Geyn: Court ruling condemning use of Emergencies Act must be upheld 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 ri...

Instead of our regular episode, Christine gives you a full recap of day one of arguments in our Emergencies Act appeal in the Federal Court of Appeal. Read more: Christine Van Geyn: Court ruling condemning use of Emergencies Act must be upheld 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 ri...

On Episode 72, we tell you about our loss in a challenge to B.C.'s COVID-19 vaccine card program; we discuss the Supreme Court's decision to hear a legal challenge to Quebec's ban on religious symbols; and we tell you why hate crime charges in St. Albert are unlikely. Stories and cases discussed in this week's episode: Hamilton leaders denounce ‘dangerous rhetoric’ at Saturday protest near Jackson Square Second Cup cuts ties with Montreal franchisee, closes cafés over antisemitic remarks and g...

On Episode 71, we explore the constitutionality of Alberta seceding from Canada, we update you on several of the cases that we're working on, we tell you why Meta's new policy doesn't promote hate speech, and explain how your tax dollars funded pro-carbon tax legal groups. Stories and cases discussed in this week's episode: Feds Paid Carbon Tax Friends Reference re Secession of Quebec, 1998 CanLII 793 (SCC) Tasha Kheiriddin: Liberal response to Trump tariffs could break the country apart Inter...

On Episode 70, we tell you about some tiny steps B.C. and Alberta are taking toward free trade; we discuss a new report that ranks Canada’s health care as second-last among peers, and we tell you about a vaccine mandate lawsuit dismissed for its "outlandish" claims. Stories and cases discussed in this week's episode: Another expensive court loss for anti-vaccine mandate lawyer Dorceus v. Ontario et al., 2024 ONSC 7087 Canada’s health-care system falls behind most peer countries: Report Troubli...

On Episode 69, we tell you about the Liberals' desire to make it even easier to use the Emergencies Act and freeze bank accounts; we discuss whether Justin Trudeau's prorogation is constitutional; and we tell you about some of the bad bills that are now likely to die. Stories and cases discussed in this week's episode: Heegsma v. Hamilton (City), 2024 ONSC 7154 (CanLII) City of Hamilton aims to end tent encampments in parks, says mayor following court win Howard Anglin: The Governor General sh...

On Episode 68, we tell you about a London, Ont., city councillor sanctioned for saucy emjois; we explain what's wrong with a Conservative private member's bill aimed at protecting children online; and we tell why it may not make sense to shut down TikTok's Canadian office. Stories and cases discussed in this week's episode: London councillor should have pay suspended for 30 days for bullying city staffer: Integrity commissioner Bill 241, Municipal Accountability Act, 2024 TikTok seeks to block...

Instead of our weekly episode of Not Reserving Judgment, here's a conversation on new book, Free Speech In Canada: A beginner’s guide from ancient roots to modern controversies. Now available on Amazon.ca!

On Episode 66, we tell you about a shocking new Free Press investigation into debanking in the United States, and discuss whether Australia's ban on social media for kids under 16 is a good idea. Plus, Bad Legal Takes from U of T and a self-described "fat intersectional feminist." Stories and cases discussed in this week's episode: The Debanking of America Guide to Law and Policy regarding Antisemitism and Anti-Israeli Discrimination at the University of Toronto Over 800 Canadian bank account ...

On Episode 65, we tell you about Freedom Convoy Leader Pat King's criminal convictions and acquittals; we explain why Toronto Police were wrong to arrest journalist Ezra Levant; and we get into the war over bike lanes in Toronto. Stories and cases discussed in this week's episode: Borderland Pride v. Corporation of the Township of Emo, 2024 HRTO 1651 Pat King found guilty of mischief for role in 'Freedom Convoy' R v Pawlowski, 2024 ABCA 342 Ontario passes bill that allows major Toronto bike la...

On Episode 64, we tell you about the dubious allegations that UBC's law school is racist; update you on Alberta's consultations about how to protect the free speech of professionals; and explain why OutTV wants all Canadian subscribers to pay for its colourful programming. Stories and cases discussed in this week's episode: An Elite Law School Promised Reforms, Then Made Inclusion Impossible Danielle Smith promises to review Alberta’s professional regulators, legislate limits The new censorshi...