Not Reserving Judgment Canadian Constitution Foundation

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 pandemic ticket turfed (https://www.winnipegfreepress.com/breakingnews/2024/05/29/anti-masker-loses-bid-to-have-pandemic-ticket-turfed) * Winnipegger loses court fight to quash ticket for attending People's Party rally amid pandemic restrictions (https://www.cbc.ca/news/canada/manitoba/winnipeg-todd-dube-fine-maxime-bernier-ppc-1.7218318)* Premier Brian Pallister speaks out against racism but won't attend Winnipeg rally (https://www.cbc.ca/news/canada/manitoba/brian-pallister-black-lives-matter-manitoba-1.5595173)* Section 36 of the Constitution Act, 1982* Sask. to join Newfoundland and Labrador in court challenge over equalization formula (https://www.cbc.ca/news/canada/saskatoon/sask-newfoundland-labrador-equalization-court-challenge-1.7222055)* CCF Victory: charges dropped against lone protestor in Kingston (https://theccf.ca/ccf-victory-charges-dropped-against-lone-protestor-in-kingston/)* Brian Dijkema: It’s time for freedom of conscience to stop union dues from going to Hamas sympathizers (https://thehub.ca/2024/06/01/brian-dijkema/) * John Ivison: CUPE is being held to account for its obsessive anti-Israel vitriol (https://nationalpost.com/opinion/cupe-antisemitism-rights-claim-2)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 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 court challenge of her censure at Ontario legislature is dismissed (https://www.thestar.com/politics/provincial/mpp-sarah-jamas-court-challenge-of-her-censure-at-ontario-legislature-is-dismissed/article_ac8e7b48-1d07-11ef-99c8-d725a90a8903.html)* Updated: Partial injunction granted against pro-Palestinian encampment at UQAM (https://montrealgazette.com/news/local-news/fate-of-pro-palestinian-encampment-at-uqam-to-be-decided-on-monday)* The Governing Council of the University of Toronto v Jane and John Doe* Saskatchewan argues for limits on federal Good Samaritan drug act (https://www.theglobeandmail.com/canada/article-saskatchewan-good-samaritan-drug-act/)* Will U of T’s convocation overlap with the encampment protest? A judge holds the answer in his hands (https://www.thestar.com/news/gta/will-u-of-ts-convocation-overlap-with-the-encampment-protest-a-judge-holds-the-answer/article_507449ba-1d1a-11ef-81e8-4be26409a9ec.html)* An Act to amend the Food and Drugs Act (warning label on alcoholic beverages) (https://www.parl.ca/legisinfo/en/bill/44-1/s-254)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 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's bullying tactics and abandoned Ottawa cabbies, judge rules (https://ottawacitizen.com/news/local-news/city-surrendered-to-ubers-bullying-tactics-and-abandoned-ottawa-cabbies-judge-rules?_)* Chris Selley: Cities have made their bylaws into an ass (https://nationalpost.com/opinion/selley-politicians-should-legislate-like-they-mean-it)* A judge ruled that tacos and burritos are sandwiches. What do you think? (https://nationalpost.com/life/food/taco-burrito-mexican-style-sandwich)* Here’s what I learned from my conversation with Justin Trudeau: There’s only one way to fix Canada and everyone is going to hate it (https://www.thestar.com/opinion/contributors/heres-what-i-learned-from-my-conversation-with-justin-trudeau-theres-only-one-way-to/article_5563637a-148c-11ef-b074-97c48c751727.html)* Quebec court rejects McGill injunction request to remove encampment (https://montreal.ctvnews.ca/quebec-court-rejects-mcgill-injunction-request-to-remove-encampment-1.6888009)* Canada Post was wrong to suspend unvaccinated remote workers during COVID, arbitrator rules (https://nationalpost.com/news/politics/canada-post-wrong-to-suspend-unvaccinated-remote-workers-during-covid-ruling)* Josh Dehaas: Is there a Charter right to campus encampments? Unlikely (https://nationalpost.com/opinion/josh-dehaas-is-there-a-charter-right-to-campus-encampments-unlikely)* Court upholds B.C.'s COVID-19 health-care vaccine mandate (https://www.cbc.ca/news/canada/british-columbia/covid-19-vaccine-mandate-bc-1.7205763)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 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/)