Not Reserving Judgment

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 projectSpecial expropriation rules for VIA’s High Speed Rail project erode long-standing property protections, due processBill 9, An Act respecting the reinforcement of laicity in QuébecQuebec prohibits street prayers, extends religious symbols ban as opponents vow legal fight 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.

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’Bill C-22: An Act respecting lawful accessOntario education minister tells schools to keep graduation ceremonies strictly ‘apolitical’Alberta Education Bill Entrenches Censorship in Schools'I don't think we need a police state': ATA president worried about Bill 25's impact on schoolsBill 25: An Act to Remove Politics and Ideology from Classrooms and Amend the Education Act, 2026 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.

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 debateR. v. Singer, 2026 SCC 8Was Upset By Facebook PostJudge cuts down scope of Calgary bubble zone bylaw; CCF calls on city to fully repeal 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.

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 challengeCCF in Court This Week Challenging Nova Scotia’s Unconstitutional Woods BanThe Hard Lesson of Al Quds Day: Free Speech Protects the Repugnant Al-Quds Day protest proceeds after court rejects Ford’s injunction bid 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.

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, schoolsMarc Miller says Musqueam deal has ‘nothing to do with’ private propertyQuebec (Attorney General) v. Kanyinda, 2026 SCC 7Indigenous Chiefs gather at legislature, pressure Alberta to quash separatism pus 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.

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 concernA Rights Recognition Agreement (Crown-Indigenous Relations and Northern AffairsApproval of an Indigenous cultural training courseWhat Does the Musqueam Agreement Mean? 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.

In Episode 122, we explain why we're horrified that the B.C. Human Rights Tribunal has ordered former school trustee Barry Neufeld to pay teachers $750,000 for his speech. Plus, we update you on a disturbing new way that Bill C-9 could infringe on freedom of expression. Stories and cases discussed in this week's episode: Bill C-9 to protect indigenous sacred sites including unmarked graves under new hate crime law and C9 is pausedFormer B.C. school trustee ordered to pay $750K in discrimination, hate speech complaintCommissioner welcomes decision protecting LGBTQ people from hate speechChris Selley: Nobody wants to work in Ottawa, Ottawa unions say 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.

In Episode 121, we explain our concerns over Durham Region's new "non-criminal hate incident" reporting program, we discuss the Supreme Court's decision in Taylor, which finds a broad right to free movement in Canada, and we give you our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Community-Based Hate Reporting ProgramMet Police says it will no longer investigate non-crime hate incidentsHarry Miller v. The College of PolicingHarry Miller: Legal victory after alleged transphobic tweetsCCF Writes to Durham Region Questioning New Offensive Speech Reporting Tool Supreme Court Sides With CCF: Charter Protects Broad Right to MobilityCCF Demands Winnipeg Scrap Bylaw That Would Silence ProtestersTaylor v. Newfoundland and Labrador 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.

In Episode 120, we explain our concerns with Manitoba's expropriation of a long-term care home, discuss a lawsuit alleging the RCMP violated the free expression of a journalist documenting a pipeline controversy, and we introduce our new Counsel, Alex Surgenor. Stories and cases discussed in this week's episode: Manitoba government plans to expropriate Lemay Forest, turn it into provincial parkMedia harder to identify, RCMP official tells court in press freedom lawsuit CCF Expanding as Canada’s Leading Civil Liberties Charity – Announcing New CounselNDP government uses health system expropriation powers for first time, seizes care homePress freedom trial in B.C. Supreme Court could have broad implications for journalists in CanadaRCMP official says journalists were let into pipeline protest camp unless their story 'beggared belief'Josh Dehaas: Carney asks Parliament to give him the power of a king 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.

In Episode 119, we discuss Alberta Premier Danielle Smith's letter to Prime Minister Mark Carney threatening to withhold funding if Alberta doesn't get more say in judicial appointments. Plus, we explain why we disagree with the Federal Court of Appeal that plastic is "toxic." Stories and cases discussed in this week's episode: Danielle Smith calls on Mark Carney to give Alberta more say in selection of judgesFederal Court of Appeal Upholds Ottawa’s Listing Plastics “Toxic”Judge stays case against environmental activists who climbed Montreal bridge over rights violationsGov’t Bending On Plastic Ban 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.

In Episode 118, we give you a full recap of Ontario's appeal of a decision that found a law designed to remove bike lanes from Toronto violated the rights to life and security of the person. Plus, we discuss whether government should ban social media for kids under age 14. Stories and cases discussed in this week's episode: Toronto cyclists defend bike lane challenge before Ontario's top courtFederal officials draft plans to ban social media for children under 14B.C. woman files lawsuit, claims seizing pets under veterinary care violates Charter rightsCycle Toronto et al. v. Attorney General of Ontario et al.Joanna Baron: The Liberal’s approach to regulating the internet is a disaster. What comes next could be even worse 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.

In Episode 117, we tell you about our new case involving a Windsor man arrested for skating while protesting with a sign about the local budget. Plus, we walk you through the Federal Court of Appeal decision that found invoking the Emergencies Act violated Charter rights. Stories and cases discussed in this week's episode: Christine Van Geyn: Feds spent millions defending Trudeau's Freedom Convoy crackdown — and lostFederal Court of Appeal Emergencies Act Decision: Your Questions AnsweredMississauga resident urges City to rethink oil and gas ads after spotting 'greenwashing' billboardCCF assists Windsor man arrested for peacefully holding sign outside city hall 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.

In Episode 116, we consider whether York University's Student Centre violated the freedom of expression of an MP and students who wanted to hear him speak, plus we speculate about who will be the new Supreme Court of Canada justice after the Hon. Sheilah Martin retires. Stories and cases discussed in this week's episode: Conservative MP says York University Student Centre blocked his campus discussion eventSupreme Court Justice Sheilah Martin to retire in May $50 Fine For Foreign AgentsCanada not considering a ban on X over deepfake controversy, AI minister says 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.

We tell you about Wolf Ruck's successful challenge to Mississauga's anti-weeds bylaw, the dropping of a ticket issued by Kingston police who used a surveillance drone, and a proposal to criminalize "condoning, denial, justification, or minimization" of residential schools. Stories and cases discussed in this week's episode: VICTORY: Ontario court strikes down bylaw that let city mow down naturalized gardenCCF Intervenes to Stop Charter Being Stretched to Protect Bike LanesCrown withdraws ticket issued after Kingston police use drone to spy on woman in vehicleFederal government won’t say whether it will criminalize residential school denialsToronto lawyer faces criminal contempt proceedings after admitting to misleading court about AI use 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.

On Episode 114, we explain why we think that banning calls to "globalize the intifada" would be counter-productive, we discuss the Liberals' new crime bill that would create special rules for "femicide," and we tell you who was naughty and who was nice for civil liberties in 2025. Stories and cases discussed in this week's episode: CCF Unwraps 2025 Naughty & Nice List 'It's just too easy to harm women' — What the numbers tell us about 'femicide' in CanadaBIll C-16, Protecting Victims Act What is in Bill C-16, Ottawa’s legislation that seeks to toughen gender-based violence laws?What does ‘globalise the intifada’ mean, and why does NSW want to ban the chant? 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.

On Episode 113, we have an exclusive story of big pharma attacking a University of Toronto professor for his views on DEI, we tell you about judges suing to get a $28,000 raise, and we explain how a New Brunswick court decision could help protect private property nationwide. Stories and cases discussed in this week's episode: Implications for BC of the NBCA Decision on Aboriginal Title and Private PropertyJ.D. Irving, Limited et al. v. Wolastoqey Nation, 2025 NBCA 129Leigh Revers: The dark side of the feminization of higher educationRequiring lawyers to swear oath to the King is unconstitutional, Alberta’s top court rulesWirring v Law Society of Alberta, 2025 ABCA 413John Ivison: Judges suing Ottawa for fatter salaries are shamelessSweeping Quebec crime bill would ban gang colours, restrict protests and create sex offenders' registryParker v. King, 2025 ONSC 6813 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.

On Episode 112, we tell you about a proposal hidden in the budget bill that would allow ministers to exempt people from nearly any law, we explain the B.C. decision that found UNDRIP can be used to interpret laws, and we discuss the forced apology of Derek Reimer. Stories and cases discussed in this week's episode: Justice minister hopes new group tackles provincial court suspension by February Pastor Reimer released on bail after refusing to apologize to librarianOne arrested at OneBC event at UVic that drew protestersCCF warns that C-15 would allow Carney gov’t to exempt any person or company from almost any lawB.C.'s Indigenous rights law is legally enforceable, rules court Courts to Apply UNDRIP to All British Columbia Laws 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.

On Episode 111, we discuss Quebec's plan to ban prayer in public spaces like universities, we debate whether Ottawa should remove the "good faith" religious speech exemption from hate speech laws, and we tell you about the Montreal police's new AI surveillance software. Stories and cases discussed in this week's episode: Chris Selley: Quebec's war on religion goes to a whole new levelReligion shouldn’t be exempted from hate speech law: Liberal ministerQuebec expands secularism law and limits public prayerLa police de Montréal peut maintenant vous surveiller en temps réel avec l’IAIs it illegal to spoil Christmas? Police in Ontario get complaints about anti-Santa signs 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.

On Episode 110, we discuss Alberta's proposal for flexible practice that would allow more doctors to offer private surgeries, we explain Alberta's plan to protect the freedom of speech of professionals, and we debate whether Ontario should really get rid of the bar exams. Stories and cases discussed in this week's episode: ‘We’re going to walk before we run’: Alberta Health Minister Adriana LaGrange on the province’s historic health-care reformsBill 11: Health Statutes Amendment Act, 2025Bill 13: Protecting freedom of expression for regulated professionalsOntario bar exam for future lawyers could be scrapped, replaced with skills-based courseAlberta tables free speech for regulated professionals bill coined the ‘Peterson Law’ 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.

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, including Gatineau Park (CBC News)Dwight Newman: How B.C. and Parliament can amend the Constitution to protect property rights ASAP (National Post)Supreme Court agrees to hear appeal of Saskatchewan’s school pronoun case (Globe and Mail) 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.