Not Reserving Judgment – Details, episodes & analysis

On Episode 53, we explain why freedom of speech advocates are concerned about France's arrest of Telegram founder Pavel Durov; we discuss whether magic mushrooms should be legal; and Josh calls b.s. on a self-identified bisexual asylum seeker who wants 'status for all.'

Stories and cases discussed in this week's episode:

• After Canada cancelled his deportation, this bisexual man pushes for status for all
• A guide to the Digital Services Act, the EU’s new law to rein in Big Tech
• First-time culprit: France blocks TikTok in New Caledonia
• He worked two weekends at a Toronto magic mushroom store. Now he’s got a criminal record
• Individual charged with 3D printing of firearms and hate speech
• In Russia, questions swirl over arrest of Telegram boss
• France extends detention of Telegram chief Pavel Durov
• A dangerous precedent? Telegram CEO Pavel Durov’s arrest stokes speech war
• Disney drops bid to stop wrongful death lawsuit over Disney+ terms
• Click to agree with what? No one reads terms of service, studies confirm

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 52, we explain the proposed class actions related to COVID-19 vaccines and lockdowns in Alberta; we discuss the new legal challenge that argues the mentally ill have a right to MAID; and we update you on the harsh sentences for speech crimes in the U.K.

*Are you a regular listener? Give us feedback by filling out this short survey!*

Stories and cases discussed in this week's episode:

• Who are the rioters and what jail sentences have they received?
• 'Burn it all down': Head of B.C. civil liberties group resigns over tweet about church fires
•  Hope Not Hate boss apologises for false ‘acid attack on Muslim woman’ tweet
• Whitehorse city council passes civility policy
• Canada's assisted-dying law faces constitutional fight for excluding mental disorder
• Man jailed for shouting at police dog and using racist slurs
• Black woman charged after using n-word on social media
• Woman jailed for hate related communications
• ‘I’m 28. And I’m Scheduled to Die in May.’
• COVID class action for businesses (statement of claim)
• COVID class action for vaccine injuries
• Whitehorse Civility Policy

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 43, we give a full recap of the hearing at which the University of Toronto requested an injunction to have the People's Circle for Palestine encampment removed. We dig into whether the issues including whether the Charter applies, freedom of speech and trespass.

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 42, we dig into the new details about how the government plans to regulate your expression through the Online News Act, the Online Streaming Act and the Online Harms Act. Plus we tell you about a lawyer who got in trouble for calling TMU law a 'clown school.'

Stories and cases discussed in this week's episode:

•  Peter Menzies: Say goodbye to Netflix, Canada? Why the Online Streaming Act might just run them (and other international streamers) out of the country
• Joanna Baron: The Liberals claim to be the ‘Charter party.’ Nothing could be further from the truth
• 'Is this legal?': Elon Musk questions UBC hiring practices
•  Peter Menzies: Google shuns the big media moguls in decision over news fund—but it’s Canadian consumers who will pay the heaviest price
• Once incarcerated, this Toronto activist was accepted into TMU Law's inaugural year. Now, he's suing the school for $300K
• Hamza v. Law Society of Ontario et al, 2021 ONSC 2023
• Canadian judge Beverley McLachlin to step down from top court in July – announced days after 2 UK judges quit
• What's stopping Ontario from passing a law to oust misbehaving councillors?

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 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
• Winnipegger loses court fight to quash ticket for attending People's Party rally amid pandemic restrictions
• Premier Brian Pallister speaks out against racism but won't attend Winnipeg rally
• Section 36 of the Constitution Act, 1982
• Sask. to join Newfoundland and Labrador in court challenge over equalization formula
• 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
• John Ivison: CUPE is being held to account for its obsessive anti-Israel vitriol

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 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
• Updated: Partial injunction granted against pro-Palestinian encampment at UQAM
• The Governing Council of the University of Toronto v Jane and John Doe
• Saskatchewan argues for limits on federal Good Samaritan drug act
• Will U of T’s convocation overlap with the encampment protest? A judge holds the answer in his hands
• An Act to amend the Food and Drugs Act (warning label on alcoholic beverages)

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 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
• Chris Selley: Cities have made their bylaws into an ass
• A judge ruled that tacos and burritos are sandwiches. What do you think?
• 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
• Quebec court rejects McGill injunction request to remove encampment
• Canada Post was wrong to suspend unvaccinated remote workers during COVID, arbitrator rules
• Josh Dehaas: Is there a Charter right to campus encampments? Unlikely
• Court upholds B.C.'s COVID-19 health-care vaccine mandate

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 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
• 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
• The FLQ and the October Crisis
• Beware predictions of a Senate-created constitutional crisis
• Howard Anglin and Ray Pennings: Canada is careening towards a constitutional crisis in the Senate
• Group sex parties are okay, but social club sex gatherings aren't, Calgary judge 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.

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
• Tasha Kheiriddin: Liberal foreign interference bill won't stop Chinese meddling
• Montréal (City) v. 2952-1366 Québec Inc.
• Irwin Toy Ltd. v. Quebec (Attorney General), 1989 CanLII 87 (SCC)
• New sabotage offence in foreign-interference bill needs amending, say civil liberties and constitutional experts
• 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
• Pierre Poilievre prepares to embrace the notwithstanding clause — and all its controversy
• The campus occupations aren’t protected by free speech, because they aren’t speech
• Sex offender asks Norway's Supreme Court to declare social media access is a human right
• An Act to amend the Department of Canadian Heritage Act (Court Challenges Program)

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 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
• Green Party deputy leader gets jail time for Fairy Creek protests
• Feds halt deportation of B.C.-based climate activist
• N.B. police officers stop investigating most reports of gas theft
• MP Kevin Vuong's tweet
• Taylor v. Newfoundland and Labrador, 2020 NLSC 125 (CanLII)
• Supreme Court of Canada to hear appeal of N.L.'s COVID-19 travel ban
• When does hate become criminal?: Christine Van Geyn for Inside Policy
• Infant, grandparents killed in Highway 401 crash after police pursuit from LCBO robbery
• Antigone: A Detailed Summary of Sophocles’ Famous Play

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.