Not Reserving Judgment Canadian Constitution Foundation

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 politics (https://www.nationalobserver.com/2024/05/09/opinion/we-need-law-against-lying-politics)* Josh Dehaas: The Trudeau family tradition of invoking unnecessary emergency powers (https://nationalpost.com/opinion/josh-dehaas-the-trudeau-family-tradition-of-invoking-unnecessary-emergency-powers)* Calgary swinger will continue to have group sex parties in his home, lawyer says (https://calgaryherald.com/news/local-news/calgary-swinger-will-continue-to-have-group-sex-parties-in-his-home-lawyer-says)* The FLQ and the October Crisis (https://www.thecanadianencyclopedia.ca/en/timeline/the-flq-and-the-october-crisis)* Beware predictions of a Senate-created constitutional crisis (https://emmettmacfarlane.substack.com/p/beware-predictions-of-a-senate-created)* Howard Anglin and Ray Pennings: Canada is careening towards a constitutional crisis in the Senate (https://thehub.ca/2024-05-14/howard-anglin-and-ray-pennings-canada-is-careening-towards-a-constitutional-crisis/)* Group sex parties are okay, but social club sex gatherings aren't, Calgary judge says (https://calgaryherald.com/news/local-news/calgary-swinger-will-continue-to-have-group-sex-parties-in-his-home-lawyer-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. (https://theccf.ca/donate/)

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 countering foreign interference (https://www.parl.ca/DocumentViewer/en/44-1/bill/C-70/first-reading)* Tasha Kheiriddin: Liberal foreign interference bill won't stop Chinese meddling (https://nationalpost.com/opinion/tasha-kheiriddin-liberal-foreign-interference-bill-wont-stop-chinese-meddling)* Montréal (City) v. 2952-1366 Québec Inc. (https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/2243/index.do)* Irwin Toy Ltd. v. Quebec (Attorney General), 1989 CanLII 87 (SCC) (https://canlii.ca/t/1ft6g)* New sabotage offence in foreign-interference bill needs amending, say civil liberties and constitutional experts (https://www.theglobeandmail.com/politics/article-new-sabotage-offence-in-foreign-interference-bill-needs-amending-say/)* PM Anxious To Keep Riding (https://www.blacklocks.ca/pm-anxious-to-keep-riding/)* If Pierre Poilievre doesn’t want to be portrayed as an authoritarian leader, maybe he should stop talking like one (https://www.thestar.com/politics/if-pierre-poilievre-doesnt-want-to-be-portrayed-as-an-authoritarian-leader-maybe-he-should/article_76935898-072b-11ef-87bb-f3a242eb9cf8.html)* Pierre Poilievre prepares to embrace the notwithstanding clause — and all its controversy (https://nationalpost.com/news/canada/pierre-poilievre-embraces-notwithstanding-clause)* The campus occupations aren’t protected by free speech, because they aren’t speech (https://www.theglobeandmail.com/business/commentary/article-the-campus-occupations-arent-protected-by-free-speech-because-they/)* Sex offender asks Norway's Supreme Court to declare social media access is a human right (https://www.cp24.com/news/sex-offender-asks-norway-s-supreme-court-to-declare-social-media-access-is-a-human-right-1.6870240)* An Act to amend the Department of Canadian Heritage Act (Court Challenges Program) (https://www.parl.ca/DocumentViewer/en/44-1/bill/C-316/first-reading)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. (https://theccf.ca/donate/)

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 protesters celebrate as a slew of contempt charges are withdrawn (https://www.cbc.ca/news/canada/british-columbia/contempt-charges-withdrawn-fairy-creek-1.6814807)* Green Party deputy leader gets jail time for Fairy Creek protests (https://www.cbc.ca/news/canada/british-columbia/angela-davidson-rainbow-eyes-fairy-creek-1.7164288)* Feds halt deportation of B.C.-based climate activist (https://www.burnabynow.com/highlights/feds-halt-deportation-of-bc-based-climate-activist-8628665)* N.B. police officers stop investigating most reports of gas theft (https://www.cbc.ca/news/canada/new-brunswick/new-brunswick-police-gas-theft-1.7185782)* MP Kevin Vuong's twee (https://twitter.com/KevinVuongMP/status/1785278164366774341)t* Taylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII) (Taylor%20v.%20Newfoundland%20and%20Labrador,%202020%20NLSC%20125%20(CanLII))* Supreme Court of Canada to hear appeal of N.L.'s COVID-19 travel ban (https://www.cbc.ca/news/canada/newfoundland-labrador/supreme-court-covid-19-1.7184655)* When does hate become criminal?: Christine Van Geyn for Inside Policy (https://macdonaldlaurier.ca/when-does-hate-become-criminal/)* Infant, grandparents killed in Highway 401 crash after police pursuit from LCBO robbery (https://globalnews.ca/news/10459095/highway-401-crash-durham-region/)* Antigone: A Detailed Summary of Sophocles’ Famous Play (https://www.thecollector.com/antigone-sophocles-story-detailed-breakdown/)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. (https://theccf.ca/donate/)

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 clause for addiction treatment bill (https://www.cbc.ca/news/canada/new-brunswick/higgs-notwithstanding-clause-addiction-treatment-bill-1.7161415)* Bill on forced addiction treatment will include evaluation process, minister says (https://www.cbc.ca/news/canada/new-brunswick/bill-forced-addiction-treatment-new-brunswick-1.7157350)* Ford government says Highway 413 construction could begin next year (https://www.thestar.com/politics/provincial/ford-government-says-highway-413-construction-could-begin-next-year/article_7d36e8b2-fbfb-11ee-b09d-131f6c6e3219.html)* Ottawa ‘plainly overstepped’ with environmental assessment law, Supreme Court rules (https://www.thestar.com/politics/federal/ottawa-plainly-overstepped-with-environmental-assessment-law-supreme-court-rules/article_f52adb32-95b3-5a66-a769-ba34599a7cd1.html)* Keri Froc's submission for CBA on proposed Compassionate Care Act (https://www.linkedin.com/feed/update/urn:li:activity:7182348625455271936/)* LILLEY: In Milton's byelection Gaza is dominating, not local issues (https://torontosun.com/opinion/columnists/in-miltons-by-election-gaza-is-dominating-not-local-issues)* Unpacking involuntary interventions for people who use drugs (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7006027/)* Foreign landlord fails to pay taxes, CRA goes after tenant (https://www.theglobeandmail.com/real-estate/vancouver/article-foreign-landlord-fails-to-pay-taxes-cra-goes-after-tenant/)* Joanna Baron: It’s time to stop giving the pro-Palestine protestors the benefit of the doubt (https://thehub.ca/2024-04-24/joanna-baron-its-time-to-stop-giving-the-pro-palestine-protests-the-benefit-of-the-doubt/)* Mobs of people that want me dead': Columbia University moves classes online amid massive anti-Israel protests (https://nationalpost.com/news/mobs-of-people-that-want-me-dead-columbia-university-moves-classes-online-amid-massive-anti-israel-protests)* Matt Gurney: Freeland knows better than this. Or at least, she used to (https://www.readtheline.ca/p/matt-gurney-freeland-knows-better?utm_campaign=post&utm_medium=web)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. (https://theccf.ca/donate/)

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 General's online harm symposium was unbefitting of her office (https://nationalpost.com/opinion/jamie-sarkonak-the-governor-general-wants-to-play-politics-but-not-at-her-own-risk)* “Apolitical” Simon Likes Bill (https://www.blacklocks.ca/apolitical-simon-likes-bill/)* Gave $96,100 To CBC Pundit (https://www.blacklocks.ca/gave-96100-to-cbc-pundit/)* MPs To Review GG Expenses (https://www.blacklocks.ca/mps-to-review-gg-expenses/)* $18M For Frankfurt High Life (https://www.blacklocks.ca/18m-for-frankfurt-high-life/)* Harrison Lowman: Will Poilievre’s coalition of loud new populists and old-guard conservatives hold? (https://thehub.ca/2024-04-15/harrison-lowman-will-poilievres-coalition-of-new-populists-and-old-guard-conservatives-hold/)* Right-Wing Media Personality Goes Viral After Posting ‘Weird’ and ‘Creepy’ Video Recorded Inside Airport Washroom (https://pressprogress.ca/right-wing-media-personality-goes-viral-after-posting-weird-and-creepy-video-recorded-inside-airport-washroom/)* Quebec tables bill that includes fines of up to $1,500 for threatening politicians (https://www.theglobeandmail.com/canada/article-quebec-tables-bill-that-includes-fines-of-up-to-1500-for-threatening/)* Committee for the Commonwealth of Canada v. Canada, [1991] 1 SCR 139Not 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. (https://theccf.ca/donate/)

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 Takes of the Week.Stories and cases discussed in this week's episode:* B.C. business groups say legislation to sue social media companied is too broad (https://www.theglobeandmail.com/canada/article-bc-business-groups-say-legislation-to-sue-social-media-companied-is/)* B.C. takes action to hold companies accountable for hurting people (https://news.gov.bc.ca/releases/2024PREM0015-000348)* The Much Broader Future of Cost Recovery Litigation in British Columbia (https://www.mccarthy.ca/en/insights/articles/much-broader-future-cost-recovery-litigation-british-columbia)* Business Association Letter: Concerns on Scope of Bill 12 (https://www.boardoftrade.com/news/58-news/2024/2541-concerns-on-scope-of-bill-12)* Couple fights to rid Toronto home of heritage status (https://www.cbc.ca/news/canada/toronto/heritage-status-home-toronto-caldecott-1.7163883)* Canada Tonight interview with Niagara Falls mayor about eclipse state of emergency (https://x.com/cvangeyn/status/1777712641693085831)* ‘We had to challenge it’: How animal-rights groups fought Ontario’s Bill 156 and (mostly) won (https://www.tvo.org/article/we-had-to-challenge-it-how-animal-rights-groups-fought-ontarios-bill-156-and-mostly-won)* Court strikes down laws restricting investigations by animal rights activists into animal cruelty (https://www.lawtimesnews.com/news/general/court-strikes-down-laws-restricting-investigations-by-animal-rights-activists-into-animal-cruelty/385248)* Animal Justice et al. v A.G of Ontario, 2024 ONSC 1753 (CanLII) (https://www.canlii.org/en/on/onsc/doc/2024/2024onsc1753/2024onsc1753.html)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. (https://theccf.ca/donate/)